Inshakova A.O. Contractual Forms of Investment in the Legislation and Practice of the Russian Federation
DOI: https://doi.org/10.15688/lc.jvolsu.2024.3.11
Agnessa O. Inshakova, Doctor of Sciences (Jurisprudence), Professor, Head of the Department of Civil and Private International Law (Base Department of the Southern Scientific Centre of the Russian Academy of Sciences), Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-8255-8160
Introduction: the paper deals with the analysis of contractual forms of investment activity. The research attention is paid to various theories related to the legal nature of an investment agreement, the issues of divergence of existing definitions of an investment agreement as a legal category. Special attention is paid to the structure of the investment agreement, as well as its place in the system of civil contracts. It is argued that the correct qualification of the investment agreement plays a key role in ensuring high quality and rational legal regulation of the relevant relations. In the process of researching the investment agreement, the author differentiates by types and parties. The details of contractual obligations are given, taking into account investment schemes and depending on the types of investment projects. The purpose of the paper is to study the agreement regulating the relations of subjects of investment activity, the legal nature of the investment agreement, its qualifying features, types and parties. Methods: to achieve this goal, a systematic approach was used, as well as the general scientific (analysis, synthesis, formal logical, comparative, and temporal) and specific scientific (formal legal, comparative law) research methods. Results: the international practice of concluding and applying investment contracts (agreements) widely used to attract investments is studied. The interpretations of the investment agreement presented in the domestic and foreign specialized literature are compared. The place of the investment agreement in the system of civil contracts is determined. The approaches to the legal qualification of the investment agreement are studied. It is established that differentiation by types and parties of the investment agreement plays an important role in the development of the economy and business. Understanding the specifics of each type of agreement and the role of parties allows you to effectively organize the investment process and achieve your goals. The author analyzes various forms of investment, including the purchase of a business, participation in investment partnerships, investments in securities, as well as collective investments through joint-stock and mutual funds, concession agreements, and production sharing agreements. Conclusions: the conclusion is substantiated that it is advisable to establish the legal nature of each investment agreement in the process of its execution. The legal relations created by such an agreement are subject to the general principles of civil law and specialized standards of investment law. It is established that for the correct qualification of a specific contractual structure used in the investment sphere, it is advisable to rely on the positions formed in law enforcement practice on such an issue. It is proved that the investment agreement implies any agreements in which the investor participates. These agreements may include various types of civil contracts regulated by the Civil Code of the Russian Federation. Highlighting the main features that distinguish investing from other economic and business processes, the author argues that the best position would be the transfer of personal capital and the transfer of values (investments) to another party in order to make a profit in a certain period without a guarantee of success.
Key words: investments, investment activity, investment contracts, production sharing agreements, quasiagreements, equity participation agreement, long-term investment agreement, venture capital agreement.
Citation. Inshakova A.O. Contractual Forms of Investment in the Legislation and Practice of the Russian Federation. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 3, pp. 77-89. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.3.11
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