Калиниченко П.А. Понятие и принципы стратегического партнерства между Россией и Европейским Союзом (юридический анализ)

Аннотация: The relations between Russia and European Communities have passed the way from state of “useless indifference” through relations of “partnership and cooperation” to modern relations of “strategic partnership” during two last decades. There is no doubt that is a practical achievement in mutual relations. Existing relations of strategic partnership mean a high level of the relations between Russia and the European Union (EU). The Paradox consists in that the term “strategic partnership” is not defined legally. It is not clear what type of the legal regulation should cover these relations in the future. The term “strategic partnership” means the relations of partnership, which the Parties consider prior, synchronizing common actions. Practically for Russia, they are a real prior relations predestined by unalternative economic dependency from the European market. There is a doubt concerning a prior nature of the relations for the EU. The European law sets other privileged forms of the relations with the third countries, in particular, “association” and “neighbourhood.” The partnership, as a form of the relations between Russia and the EU, is defined legally by the objectives and principles of the Partnership and Cooperation Agreement between Russia and the EU 1994 (PCA). Obligations of the Parties to follow the values and principles, on which a modern development of civilized society is based, are put in the ground of the partnership. The “strategic partnership” is characterized by its aims and objectives stated in Joint statements of the Russia-EU High Level Summits. In this context the “strategic partnership” means the relations of partnership, complemented by the purposes of the regional security and by practical objective to build the Four Common Spaces between the Russia and the EU. Furthermore, the term “strategic partnership” is also used for the relations between the EU and other third countries, as well as between Russia and other countries. This article deals with a legal analysis of concept and principles of strategic partnership between Russia and European Union. Author considers a legal sense of the strategic partnership as modern level of legal relations, analyses etymological, teleological and comparative aspects of the strategic partnership, makes a definition of the strategic partnership from the legal point of view. Also the article contains definition, analysis and classification of principles of the strategic partnership between Russia and EU, specified in the Basis Russia–EU agreement, and in other documents on their mutual relations.

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Abstract: The relations between Russia and European Communities have passed the way from state of “useless indifference” through relations of “partnership and cooperation” to modern relations of “strategic partnership” during two last decades. There is no doubt that is a practical achievement in mutual relations. Existing relations of strategic partnership mean a high level of the relations between Russia and the European Union (EU). The Paradox consists in that the term “strategic partnership” is not defined legally. It is not clear what type of the legal regulation should cover these relations in the future. The term “strategic partnership” means the relations of partnership, which the Parties consider prior, synchronizing common actions. Practically for Russia, they are a real prior relations predestined by unalternative economic dependency from the European market. There is a doubt concerning a prior nature of the relations for the EU. The European law sets other privileged forms of the relations with the third countries, in particular, “association” and “neighbourhood.” The partnership, as a form of the relations between Russia and the EU, is defined legally by the objectives and principles of the Partnership and Cooperation Agreement between Russia and the EU 1994 (PCA). Obligations of the Parties to follow the values and principles, on which a modern development of civilized society is based, are put in the ground of the partnership. The “strategic partnership” is characterized by its aims and objectives stated in Joint statements of the Russia-EU High Level Summits. In this context the “strategic partnership” means the relations of partnership, complemented by the purposes of the regional security and by practical objective to build the Four Common Spaces between the Russia and the EU. Furthermore, the term “strategic partnership” is also used for the relations between the EU and other third countries, as well as between Russia and other countries. This article deals with a legal analysis of concept and principles of strategic partnership between Russia and European Union. Author considers a legal sense of the strategic partnership as modern level of legal relations, analyses etymological, teleological and comparative aspects of the strategic partnership, makes a definition of the strategic partnership from the legal point of view. Also the article contains definition, analysis and classification of principles of the strategic partnership between Russia and EU, specified in the Basis Russia–EU agreement, and in other documents on their mutual relations.

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