Inshakova A.O. The Special Investment Contract as an Instrument of State Support for Investment Activities in Russia
DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.9
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 the legal support for the special investment contract (SPIC), which is one of the most effective instruments of state support for investment activities in Russia. It allows stimulating the creation, modernization and development of industrial production, the development and introduction of modern technologies, which contributes to the growth of the country’s economy and improves the quality of life of the population. Purpose: to study the special investment contract as a tool that is used to attract investments in various sectors of the economy; to study the formation and current state of the legislative regulation of the use of the special investment contract in Russia and in foreign countries for the implementation of various strategic projects and programs, including the implementation of infrastructure projects, programs for the development of tourism, industry, agriculture and other sectors of the economy. Methods: the methodological framework for the research is made up of the general scientific and specific scientific methods of cognition, among which the methods of analysis, synthesis, the empirical method of legal modeling, dogmatic (formal-logical) and formal-legal methods, as well as the method of legal forecasting play a special role. Results: the special investment contract is studied in the work as an effective tool for attracting investments in various sectors of the economy, which allows the state to implement its strategic projects without spending its own funds and provides investors with certain guarantees and preferences, which makes investing in projects more attractive. It is established that the SPIC contributes to the development of scientific and technological progress and innovations in the country’s economy, serves to increase the competitiveness of domestic producers on the world market and improve product quality, and is also an effective tool to stimulate the creation of new industries. The regulation of special investment contracts is studied using the example of the Russian legislation and some foreign countries. The novelties of the actively developing federal legislation regulating special investment contracts are analyzed. In particular, the expansion of the scope of application of the special investment contract is established. The differences in the legislative regulation in Russia and abroad are revealed. It is established that international investment contracts are aimed at reducing risks for foreign investors, at promoting international competition, which prohibits discriminatory treatment of foreign investors, guaranteeing them both national and most-favored-nation treatment. Conclusions: the main advantages and disadvantages of the special investment contract, as well as the risks from its use, are identified. The methodological recommendations are given for the preparation of the special investment contract in order to minimize risks and ensure its effectiveness. It is established that, in general, the legislative regulation of special investment contracts in various countries is aimed at ensuring transparency, protecting investors and ensuring the responsible management of investment funds. It is argued that the current foreign policy and economic situation in the country, at times, actualizes the problem of improving the investment legislation, which includes the legislation on the SPIC, which is one of the forms of public-private partnership. The proposal to adopt a unified legislative act, which would regulate all possible forms of public-private partnership, is substantiated.
Key words: investments, investment activity, investment legislation, investment in projects, special investment contract, state support for investment activities.
Citation. Inshakova A.O. The Special Investment Contract as an Instrument of State Support for Investment Activities in Russia. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 4, pp. 67-74. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.4.9
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