PROBLEMY CHARAKTERU PRAWNEGO I FUNKCJONOWANIA PAŃSTWA ZWIĄZKOWEGO (BIAŁORUSI I ROSJI). UJĘCIE NORMATYWNE
THE LEGAL CHARACTER OF THE UNION STATE (OF BELARUS AND RUSSIA) AND THE PROBLEM IN ITS FUNCTIONING: A NORMATIVE APPROACH

Summary/Abstract: Among all integration structures in the post-Soviet space, the State Union of Belarus and Russiaseems to be the most advanced. Despite that, the actual results of the integration of both countriesare modest, strikingly contrasting the official statements made by the authorities of Belarus andRussia. Hence, the aim of the following paper is to determine the legal character of the Union State,established by a bilateral treaty signed in December 1999, its institutional structure, and the mostimportant obstacles in its functioning. Since the issue of Belarusian–Russian integration was regu-larly undertaken by political scientists, the following contribution fleshes out the insights related tothe less studied legal aspects of this process.The paper starts with a focus on the consecutive bilateral agreements that have led to the es-tablishment of the Union State. It then turns to the structure of the Union State and the sources of itslaw as a core legal problem of the integration. Finally, the paper discusses how it is described andunderstood by scholars in both countries. To conclude, the Union State is a specific intergovernmen-tal organization intended to widely integrate its members. Limited outcomes of two decades of theUnion State reflect ambiguous political intentions of the authorities of both countries.

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