What question did this study set out to answer?

The study aims to analyze and propose improvements for the Statute of the EAEU Court regarding judicial independence and the appointment of judges.

February 2, 2026Open Access

Prospects for Improving the Statute of the EAEU Court

Key Points

The study aims to analyze and propose improvements for the Statute of the EAEU Court regarding judicial independence and the appointment of judges.
Review of the current provisions of the Statute of the EAEU Court
Analysis of international legal standards regarding judicial appointments
Proposals for reforming the nomination process for judges
Identification of gaps in disciplinary procedures for judges
Highlighted the need to enhance the independence of judges in the EAEU Court
Proposed transfer of candidate nomination to the Higher Qualification Board of Judges
Identified significant gaps in the disciplinary accountability of judges
Emphasized the need for clear guidelines on re-election of judges after their tenure

Abstract

This article discusses the provisions of the Statute of the EAEU Court on the organization of justice in this integration association. The subject of the analysis was the international legal registration of the status of a judge of the EAEU Court. It is argued that the guarantees of the independence of justice need to be strengthened and specified. First, Russian approaches to nominating candidates for the positions of judges of the EAEU Court require rethinking. The active participation of the Prosecutor General’s Office of the Russian Federation in this procedure does not comply with established international legal standards. It is proposed to transfer the function of selecting and nominating candidates for the positions of national judges of the EAEU Court to the bodies of the judicial community, namely the Higher Qualification Board of Judges. Secondly, the procedure for bringing a judge of the EAEU Court to disciplinary responsibility requires specification. The current regulation has significant gaps. It is proposed to provide for a system of disciplinary measures and to fix in the Statute of the EAEU Court a clearly regulated procedure for disciplinary proceedings. It is also necessary to consolidate a clear and internally consistent concept of disciplinary misconduct in this international legal act. Thirdly, the problem of the one-time termination of the powers of all judges of the EAEU Court, which took place in early 2024 and is expected in 2033, requires a solution. Ways to overcome this situation are proposed. In addition, the lack of proper regulation of the issue of the possibility of re-election of a judge of the EAEU after completing a nine-year mandate is emphasized. In conclusion, the conclusions of the study are summarized, it is emphasized that the independence of justice and specific judges, in addition to being fixed in international standards, has psychological foundations, which implies the need to form a judicial corps of people with appropriate values.

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