DOI: 10.7256/2454-0706.2023.6.40910

Abstract: The author discusses some topical issues of the balance of private and public interests in the framework of limiting foreign presence in the areas of economic activity that are strategically important for the state. In 2022 - 2023 State policy in the field of foreign investment control is generally characterized by the introduction of additional restrictions in order to ensure national security: the list of areas of activity recognized as strategic has been expanded; the number of regulatory approvals required for obtaining by foreign persons for transactions with Russian companies has been increased; increased requirements for transparency in the ownership structure of strategic companies; the consequences of violation of the law in this area are detailed. Author formulates a conclusion about the necessary conditionality of the priority of public interest over private interest by current economic and political factors. First of all, proceeding from the measures necessary and sufficient to satisfy the public interest, the state determines the nature and degree of restriction of the economic freedom of the bearers of private interest. At the same time, by satisfying the public interest, which has as its goal the provision of national economic stability and security of the state, it ultimately ensures the satisfaction of such other interests and needs of an indefinite range of entities that are part of society and the state, which cannot be satisfied only in terms of the financial stability of the state, its military and economic security.

DOI: 10.7256/2454-0595.2023.2.40919

Abstract: The article deals with some topical issues of restricting foreign participation in strategic sectors of the economy. The analysis of measures of state coercion in case of violation of the legislation in this area is carried out on the examples of: suspension of validity and cancellation of a license to carry out a strategic type of activity; termination of agreements on granting the right to harvest (catch) aquatic biological resources; application of the consequences of the invalidity of a void transaction for the acquisition of the assets of a strategic company; deprivation of the right to vote at a general meeting of shareholders (participants) of a strategic company. Conclusions are formulated about the features of the legal form of state coercion in connection with the violation of legislation on foreign investment in strategic sectors of the economy, which include a complex combination of coercive measures characteristic of both administrative law and civil law coercion, as well as the concentration of such measures mainly in one special normative legal act, which directly defines the measures themselves, the grounds and subjects of their application, the implementation procedures. The author states that all measures of state coercion in case of violation of the legislation on foreign investments have one target orientation in the form of deprivation of the right to carry out a strategic type of activity of a foreign investor, the possibility of using which (indirectly, through a controlled Russian company) was obtained in violation of the permissive procedure established by the state.

DOI: 10.7256/2454-0595.2018.7.27007

Abstract: The subject of the research is the administrative procedure for competition protection in the Balkan States and Russia. The object of the research is the activity of competition protection authorities as part of administrative procedures initiated as a result of competition protection laws being violated. In her research Milchakova analyzes the definition of 'antimonopoly process' and describes stages of proceedings for competition protection, paying special attention to comparing administrative procedures applied by competition protection authorities in the Balkan States adn Russia. In the course of her research the author of the article has used methods of analysis, synthesis and generalisation being primarily based on the comparative law method. The main conclusion of the research is that administrative procedures for competition protection in the Balkan States and Russia have both similar elements (initiation of a proceeding and particular stages of consideration of a case and decision making) and essential differences (the rights of competition protection authorities to introduce protective measures and to approve of obligation to eliminate competition violations voluntary undertaken by a defendant himself or herself, unity of administrative procedures for determination of infringement  and application of administrative sanctions. The author's special contribution to the topic is her definition of 'administrative process for competition protection' and stages of administrative process for competition protection. This contributes to the development of the theory of competition law. 

DOI: 10.7256/2454-0706.2014.10.13088

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DOI: 10.7256/2454-0706.2014.10.42530

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DOI: 10.7256/2454-0706.2014.5.11851

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DOI: 10.7256/2454-0706.2014.5.42450

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DOI: 10.7256/2454-0595.2014.4.11462

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DOI: 10.7256/2454-0684.2014.4.11726

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DOI: 10.7256/2454-0706.2014.3.11326

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DOI: 10.7256/2454-0706.2014.3.42423

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DOI: 10.7256/1994-1471.2014.2.10473

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DOI: 10.7256/2454-0706.2014.2.10872

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DOI: 10.7256/2454-0684.2014.2.11019

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DOI: 10.7256/2454-0706.2014.2.42403

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DOI: 10.7256/1729-5920.2014.1.10272

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DOI: 10.7256/2454-0595.2014.1.10517

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DOI: 10.7256/2454-0706.2013.12.10382

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DOI: 10.7256/2454-0684.2013.12.10446

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DOI: 10.7256/2454-0706.2013.12.42381

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DOI: 10.7256/1729-5920.2013.1.6815

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