Foreign economic activity. Government regulation of foreign investment (most important)

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Foreign economic activity. Government regulation of foreign investment (most important)

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65. State regulation of foreign investment

Currently, the policy of the Russian state is aimed at attracting foreign investment in the economy. Legislation on foreign investment is developing both in the form of special regulations and in the form of various rules of a public law nature, enshrined in various regulations (on currency control, tax relations, customs fees, etc.).

The main regulatory framework for regulating foreign investment is the following legislative acts: Federal Law of July 9, 1999 No. 160-FZ "On Foreign Investment in the Russian Federation"; Federal Law of February 25, 1999 No. 39-FZ "On investment activity in the Russian Federation, carried out in the form of capital investments".

The Federal Law "On Foreign Investments in the Russian Federation" defines: the main guarantees of the rights of foreign investors to investments and the income and profits received from them, as well as the conditions for the entrepreneurial activity of foreign investors on the territory of goods transported across the customs border of the Russian Federation. One of the main provisions of the law is to ensure stable conditions for the activities of foreign investors and the observance of the legal regime of foreign investment in Russia in accordance with the norms of international law and international practice of investment cooperation. In accordance with Art. 4 of the Federal Law "On Foreign Investments in the Russian Federation", the legal regime for the activities of foreign investors cannot be less favorable than the regime granted to Russian investors. The national regime for foreign investors is applied after the permission of the investment process and only in the private law sphere of relations with economic partners. In the public law sphere, a foreign investor receives his status, covered by the concept of most favored nation treatment. Law No. 160-FZ defines such important concepts as "foreign investor" and foreign investment.

There are exceptions in Russian legislation, both stimulating and restrictive. Restrictive exemptions pursue the goals of protecting the foundations of the constitutional order, morality, health, rights and legitimate interests of others, ensuring the defense and security of the country. Exemptions of a stimulating nature in the form of benefits for foreign investors are established in the interests of the socio-economic development of goods transported across the customs border of the Russian Federation. Nevertheless, the Federal Law "On Foreign Investments in the Russian Federation" declares all the main guarantees to foreign investors, including: against changes in legislation, against nationalization, expropriation and requisition; from the ban on the transfer of income in foreign currency; from refusal to provide judicial protection in the event of an investment dispute.

The federal law "On investment activity in goods transported across the customs border of the Russian Federation, carried out in the form of capital investments" determines: the legal and economic foundations for investment activities carried out in the form of capital investments on the territory of goods transported across the customs border of the Russian Federation, as well as establishes guarantees of equal protection of the rights, interests and property of subjects of investment activity carried out in the form of capital investments, regardless of the form of ownership. This law contains an important provision that determines that in the event of emergency situations occurring on the territory of goods transported across the customs border of the Russian Federation, the activities of investment activity entities that find themselves in an emergency zone are carried out in accordance with the legislation of goods transported across the customs border of the Russian Federation.

The Federal Law of August 7, 2001 No. 115-FZ "On Counteracting the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism" (as amended and supplemented by 16 November 2005).

Author: Bobkova O.V.

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