Shpinev Yu.S. On the Issue of the Legal Nature of Investments

DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.14

Yury S. Shpinev, Candidate of Sciences (Jurisprudence), Senior Researcher, Sector of Business and Corporate Law, Institute of State and Law of the Russian Academy of Sciences, Znamenka St., 10, 119019 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-5573-0439

Introduction: despite the need to create a favorable investment climate, the legal regulation of investment in this country has a number of significant drawbacks. The quality of the legislative regulation of investment relations depends on an objective and deep understanding of the legal nature of investments. In this connection, the author aims to study various approaches to determining the legal nature of investments. Methods: the methodological framework for the research was formed by the methods of formal logic, as well as the specific scientific methods: technical-legal and historical-genetic. Results: the author’s position is based on the current legislation and opinions of the legal scholars on the legal nature of investments. Based on the analysis of the existing laws, the problem of defining investments in these acts and legal science is pointed out. Various approaches to the concept of the “legal nature” category are considered, as well as the opinions on the legal nature of investments and investment contracts. The author’s definition of the category “legal nature” is proposed. Conclusions: as a result, it is concluded that in order to establish a single legal and scientific definition of investments, it is necessary to establish their legal nature, which, in turn, requires studying and describing the primary properties of investments at the time of the origin of this category in the framework of the economic science.

Key words: investment, the legal nature of the concept of investment, the legal nature of investment, definition of investment, the nature of the investment.

Citation. Shpinev Yu.S. On the Issue of the Legal Nature of Investments. Legal Concept, 2020, vol. 19, no. 2, pp. 97-104. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2020.2.14

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