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Publications of Akhmadova Mar'yam Abdurakhmanovna
Legal Studies, 2018-8
Belikova K.M., Akhmadova M.A. - Equity and Cooperative Joint-Ventures in China as the Form of Performance of the Investment Activity: Comparative Law Analysis pp. 17-30

DOI:
10.25136/2409-7136.2018.8.27102

Abstract: This article is the continuation of the authors' analysis of the legal forms of investment activity in China. The authors analyze activities of equity and cooperative joint-ventures. The subject of the research is the common features of joint ventures and specific features of each kind in particular. The analysis is illustrated by the examples from the legal practice. The article containts scientific data and information that have never been mentioned in the academic literature before. In the course of the research the authors have used such methods as general dialectical method, historical analysis, comparative law analysis. The authors base their research on the subjective-objective predetermiined outcome of processes and phenomena. The scientific novelty of the research is caused by the fact that the authors define advantages and disadvantages of EJVs and CJVs in comparison and describe how they function based on particular examples of such compaies. The results of the research demonstrate that even though the role and significance of joint-ventures have been decreasing lately, they may be quite helpful to foreign investors while Chinese partners have the support of the central and local government, brand credibility, land, license, distribution and access to suppliers which decreases initial expenditures and improves changes of a foreign investor for success. 
International Law, 2018-3
Belikova K.M., Akhmadova M.A. - Legal characteristic of the concept of “investor” and its relation to the forms of implementation of China’s investment activity pp. 20-34

DOI:
10.25136/2644-5514.2018.3.27088

Abstract: The subject of this research is the concept of “investor” and its relation to the forms of implementation of investment activity, and certain forms of capital investment (foreign capital companies, subsidiaries of foreign companies, FIPE) allowable in China’s legislation. The authors perform their legal analysis, underlining the benefits and burdens of each of the indicated forms of implementation of investment activity. Particular attention is given to the legal regime of their activity; emphasis is made on their specificity from the perspective of current standing, as well as the 2015 Draft Foreign Investment Law of the People's Republic of China. The scientific novelty lies in consideration of the forms of disposal of investments in relation to the concept of “investor”. A conclusion is made that with account of the national specificity, the basic legal conditions for attracting foreign investments to China differ from the traditional and used in practice by other countries in regard that the legal regime of foreign investments as such is not actually determined in China, because the activity of foreign investors mostly concentrates on possibility of establishment of partnerships, foreign capital companies, and others. At the same time, the investors can count on such traditional mechanisms as tax breaks in terms of constant improvements of the acting legislation, etc.
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