Scientific & research services: problems of elimination of administrative and tax restrictions in the EAEU single market

The subject. The article analyzes the legal rules of the Eurasian Economic Union (hereinafter ‘EAEU’) Member States that may potentially create barriers for access to the single market for services in the field of scientific research through establishing requirements for state registration (accreditation, licensing, etc.) of a scientific research participant. These procedures of registration (accreditation, licensing, etc.) may be relevant for the purposes of receiving the preferential tax treatment. The authors consider possible ways to overcome these obstacles. The aim of this paper is to identify typical obstacles remaining at the level of EAEU Member States’ national legislation and preventing respective participants from an access to the scientific research single market. The authors dare to identify the appropriate means of overcoming these obstacles. The methodology. The authors apply formal logical and comparative legal methods as well as analysis, literal and systematic interpretation of the domestic legal rules of the EAEU Member States and the EAEU legal framework. The main results, scope of application. The results of a comparative legal analysis of the EAEU Member States’ legislation illustrate that certain obstacles to access to the market of research services still remain within the framework of the legal systems of the EAEU Member States. Such obstacles in particular, are related to the requirements for research subjects to undergo the registration or accreditation procedure in order to receive recognition of their activities as scientific ones. Moreover, there are interconnected barriers, which consist, for example, in the requirement to not just incorporate a scientific research subject in the jurisdiction where the services should be provided, but also to register the results of the respective research activities, in particular, for the purpose of exempting these activities from VAT taxation. These barriers impede cross-border research services performance and in some circumstances do not comply with the principles of the EAEU single market of services. Conclusions. The identified barriers to cross-border scientific research can usually be overcome by directly applying the EAEU Treaty, in particular, the provisions defining the rules of the services’ single market (paragraph 38 of Annex 16 to the Treaty). The EAEU Member States’ national legislative provisions require clarification in terms of extending the national regime to scientific research subjects incorporated within other EAEU Member States.

1. Pustovalov V.E. Mechanisms for removing barriers and restrictions on the functioning of the single market for services of the EAEU. Mezhdunarodnoe pravo = International law, 2020, no. 1, pp. 1-9. DOI: 10.25136/2644-5514.2020.1.31494. (In Russ.).

2. Kuzmin V.N., Ilyukhina E.A., Voronetskaya L.G., Meloyan S.V. Development of a single market for research services in the Eurasian Economic Union. Ekonomika nauki = The Economics of Science, 2019, vol. 5, no. 3, pp. 215- 229. DOI: 10.22394/2410-132X-2019-5-3-215-229. (In Russ.).

3. Savitskiy A.I. Fiscal barriers to the single market of services at the sector of research and development in the Eurasian Economic Union. Evraziiskii iuridicheskii zhurnal = Eurasian law journal, 2017, no. 11, pp. 209-212. (In Russ).

4. Vinnitskiy D.V. (ed.). Liberalization of the Research and Development Sector in the Sphere of Social and Humanitarian Sciences in the Eurasian Economic Union. Yekaterinburg, A.I. Savitskiy Publ., 2019. 365 p. (In Russ.).

5. Vinnitskiy D.V. (ed.). Barriers and restrictions on the EAEU market of R&D identified during the survey of subjects of scientific activity, and measures to improve the legislation of the EAEU member-states to eliminate identified barriers and restrictions on this market of services. Yekaterinburg, A.I. Savitskiy Publ., 2019. 275 p. (In Russ.).

6. Woods L. Free Movements of Goods & Services within the European Community. Aldershot, Ashgate Publishing Limited, 2004. 307 p.

7. Buxbaum R.M., Hertig G., Hirsch A., et al. (Eds.). European Economic and business law. Legal and economic analyses on integration and harmonization. Berlin, New York: De Gruyter, 1996, 396 p. DOI: https://doi.org/10.1515/9783110908893.

8. Eeckhout P. The European Internal Market and International Trade: a Legal Analysis. Oxford, New York, Clarendon Press, Oxford University Press, 1994, 399 p.

9. Ehlermann C.D. The internal market following the single European Act. Common Market Law Review, 1987, vol. 24, no. 3, pp. 361-409.

10. Barents R. The Autonomy of Community Law. The Hague; London; New York, Kluwer Law international, 2004. 334 p.

11. Porrata-Doria R.A. Mercosur: The Common Market of the Twenty-First Century? Georgia Journal of International and Comparative Law, 2004, vol. 32, pp. 1-72.

12. Weiler J.H.H. (ed.). The EU, the WTO and the NAFTA: Towards a Common Law of International Trade? Oxford, New York: Oxford University Press, 2000, 238 p.

13. Kondratieva N.B. The European Union: shaping the single market. Moscow, Reports of the Institute of Europe, 2017. 142 p. (In Russ.).

14. Kostyunina G.M. Single internal market of the European Union. Moscow, Magister, INFRA-M Publ., 2014, 384 p. (In Russ.).

15. Inshakova A.O (ed.). Law of the European Union. Part 1. Moscow, Yurayt Publ., 2020, pp. 85-107. (In Russ.).

16. Lifshits I.M. Legal regulation of the securities market in the European Union. Moscow, Statut Publ., 2012. 253 p. (In Russ.).

17. Melnikova S.I., Geller E.I., Mitrova T.A., Kulagin V.A. EU Gas Market: Era of Reforms. Moscow: ERI RAS- HSE Publ., 2016. 99 p. (In Russ.).

18. Inshakova A.O. Principles of legal support of common market freedoms in EU transport policy. Vestnik Permskogo universiteta. Yuridicheskie nauki = Perm University Herald. Juridical sciences, 2012, no. 3, pp. 242-251. (In Russ.).

19. Malko A.V., Zvonova E.A. Using the experience of the European Union in building the legal policy of the Eurasian Economic Union. Evraziiskii iuridicheskii zhurnal = Eurasian law journal, 2018, no. 3, pp. 23-27. (In Russ.).

20. Alekseev P.V., Zvonova E.A. Development of a conceptual model for the formation of a common financial market of the member states of the Eurasian Economic Union. Bankovskoe pravo = Banking Law, 2020, no. 4, pp. 44- 51. DOI: 10.18572/1812-3945-2020-4-44-51. (In Russ.).

21. Ponamorenko V.E., Chetverikov A.O., Karpov L.K. Banking integration into the EU and the CES: opportunities for legal transplantation. Moscow, Yustitsinform Publ., 2014. 206 p. (In Russ.).

22. Meshcheryakova O.M. Antimonopoly legislation and special measures of legal regulation in the integration process. Mezhdunarodnoe publichnoe i chastnoe pravo = International public and private law, 2014, no. 3, pp. 13- 16. (In Russ.).

23. Nevskiy A.I. Problems and obstacles in the formation of a single market for appraisal services in the EAEU and the implementation of other provisions of the Treaty on the Eurasian Economic Union. ConsultantPlus, 2018. (In Russ.).

24. Nevskiy A. Formation of a single market for services in key service sectors (on the example of construction, design and engineering in relation to especially dangerous and technically complex capital construction and cultural heritage objects). ConsultantPlus, 2017. (In Russ.).

25. Development of a single market for services, in particular tax consulting, within the EAEU [Interview with N.T. Mambetaliev]. Nalogovyi vestnik – Konsul'tatsii. Raz"yasneniya. Mneniya, 2020, no. 2, pp. 11-15. (In Russ.).

26. Andreeva L.V. Legal problems of the formation of a common market for public procurement in the Eurasian Economic Union and the CIS. Biznes, menedzhment i pravo = Business, Management and Law, 2018, no. 1, pp. 38- 44. (In Russ.).

27. Kurochkin D.A. Issues of legal regulation of the sector of research services in the Eurasian Economic Union. Vestnik Sankt-Peterburgskogo universiteta. Pravo = Vestnik of Saint Petersburg University. Law, 2019, no. 2, pp. 332–352. DOI https://doi.org/10.21638/spbu14.2019.209. (In Russ.).

28. Chetverikov A.O. Legal regulation of the liberalization of cross-border relations: the experience of the European Union. Doct. Diss. Moscow, 2010, 518 p.

29. Chetverikov A.O. European research infrastructure consortia: international organization under European law or legal entities sui generis? Lex russica, 2019, no. 7, pp. 141-150. DOI: 10.17803/1729-5920.2019.152.7.141-150. (In Russ.).

30. Zakharov E.A. The possibility of using the experience of creating and operating a European platform for scientific cooperation within the framework of organizing a single market for R&D services in the EAEU. Mezhdunarodnoe pravo = International law, 2019, no. 4, pp. 81-94. DOI: 10.25136/2644-5514.2019.4.30988. (In Russ.).