Fundamentals of Legal Regulation of Investment Activity: Debatable Issues of Theory and Practice

Abstract

Investment activity is regulated by fragmentary provisions of various branches of legislation – civil, antitrust, legislation on investment activities, on foreign investment, industry legislation regarding foreign investment in the relevant segment of the Russian economy (fuel and energy complex, banking sector), and others. Taking this into account in detail, the emergence of doctrinal discussions and disagreements in judicial practice on issues related to the implementation of investment activities is justified. The article deals with General issues of investment legislation that have theoretical and practical significance. Special attention is paid to doctrinal differences in terms of defining the scope of investment agreements and the concept of an investment contract. The article presents judicial positions, in particular on the issue of qualification of contractual relations of an investor as regulated by an investment agreement, indicating the application of the Federal law «on investment activity» to obligations to create an object of intellectual property, in particular an audio-visual work. The main provisions of the legislation on foreign investment, including recent changes related to transactions made by foreign investors, are considered.