Protection by the prosecutor of the rights of entrepreneurs in the field investment activity(Khromushin P.N.)

Article placement date: 04/13/2017

Prosecutor General's Office Russian Federation taking into account the tasks set by the President of the Russian Federation to improve business climate and the creation of a favorable business environment in the first half of 2016, an audit was carried out on the implementation of legislation that ensures the protection of the rights of entrepreneurs in the field of investment activities. It revealed violations of the law in legal regulation, providing support measures for investment projects, passing licensing procedures, concluding concession agreements.

Cases of unlawful actions of officials of government bodies and other persons in relation to budget funds allocated for the development of investment activities.

When planning the territory of the Obninsk technopark in the Kaluga region, on the basis of unreliable documents, the state customer paid for the actually unfulfilled work on laying water pipes in the amount of about 4 million rubles. Based on the materials of the prosecutor's check, the investigating authorities initiated criminal cases in connection with actions as an unscrupulous contractor under Part 4 of Art. 159 (fraud on an especially large scale) of the Criminal Code of the Russian Federation, and the customer under Part 1 of Art. 285 (abuse of power) and part 2 of Art. 292 (official forgery) of the Criminal Code of the Russian Federation.

AT Rostov region more than 442 million rubles allocated for the construction of municipal engineering infrastructure facilities under the Clean Don regional investment project were spent to finance the commercial gas distribution network. At the initiative of the prosecutor's office, a criminal case was initiated under Part 1 of Art. 286 (abuse of power) of the Criminal Code of the Russian Federation.

In connection with the formation of debt regional budget on state support of enterprises implementing investment projects, including in the field of Agriculture, in the amount of more than 96.5 million rubles. prosecutorial response measures have been taken in the Republic of Mari El.

The proper implementation of the requirements of the law was hindered by shortcomings in the regulatory legal regulation investment area.

More than half of the constituent entities of the Russian Federation do not have legal acts that determine the conditions and procedure for conducting investment activities and the participation of authorities in this process.

The unreasonable reduction in the circle of persons entitled to claim the status of an investor required the adoption of prosecutorial response measures in the Krasnodar Territory, Kurgan and Sakhalin Regions.

In the Altai Territory, at the request of the prosecutor in judicial order the provisions of the regional law, which imposed on investors the obligation to attract persons for the implementation of their projects on a competitive basis and limited the rights of users of investment objects, were declared invalid.

Numerous cases of infringement of the rights of economic entities are caused by improper organization of the work of government bodies in the field of investment activity.

In the Ryazan region, the authorized bodies evaded concluding an investment agreement with the winner of the competition for the annual public award "Regions - Sustainable Development", the absence of which entailed the impossibility of obtaining bank loan for the implementation of the project for the construction of a poultry complex for growing turkeys for more than 50 thousand heads.

Applications of business entities for support of especially significant investment projects for the construction of an elevator and the creation of a technology for remelting plastics in Voronezh region were unreasonably rejected on the grounds of non-compliance of the provided work with the codes of types of economic activity assigned by the statistics authorities.

A manufacturer of bakery products in the Krasnoyarsk Territory was repeatedly denied state guarantees with reference to the submission of not all documents by him, while their exhaustive list is not defined, and there was no administrative regulation for the provision of this service. Along with the demand for documents at the disposal of other authorities, the economic entity was obliged to undergo procedures related to the examination and evaluation, which is prohibited by law.

The facts of long-term (up to 1 year) evasion from concluding additional agreements with business entities to investment contracts were revealed, including contrary to court decisions, and illegal refusals to execute such contracts (Moscow).

Authorities violated the principle of equality of investor rights when, under the same conditions, they groundlessly refused to provide support to one business entity while providing it to others in the republics of Mordovia, Khakassia and the Rostov region.

In the Smolensk region, applications from potential investors for support of their projects without consideration on the merits were sent by authorized bodies to the corporation investment development, and in Tyumen region- for revision without official refusal. In the Republics of Bashkortostan and Komi, the procedure for conducting an examination of investment projects was not followed.

For all facts of violation of the law, prosecutors have taken measures to restore the legitimate interests of investors.

After prosecutorial interference in the Republic of Crimea, the term for concluding investment contracts was halved due to the exclusion of approvals by the same bodies of applications and draft agreements.

The facts of red tape when considering investment applications were revealed in the Republics of Adygea, Bashkortostan, Mari El, Mordovia, Tatarstan, Astrakhan, Vladimir, Voronezh, Kemerovo, Kostroma, Kursk, Moscow, Novosibirsk, Omsk, Smolensk, Tambov, Tomsk, Ulyanovsk and Yaroslavl regions.

The measures taken by the prosecutor's response prevented the facts of illegal refusals to provide measures state support investment projects.

In the Kostroma region, the prosecutor reacted to the unjustified refusal of the profile department of the regional administration to send an application for the creation of a landscape and recreational complex for consideration by the investment attraction council due to the absence in the submitted business plan of certain sections, the presence of which and the mandatory requirements for which are not established by law.

Unjustified refusals to reimburse part of the costs of investment and innovative projects based on tax arrears, which in reality did not exist, were identified and suppressed by the prosecutors of the Oryol and Orenburg regions.

The implementation of investment projects was hampered by administrative barriers in the field of land relations and urban planning.

Despite the obligations of the authorities to support investment projects in the Tyumen region, business entities were recommended to independently select suitable land plots for their implementation in accordance with urban planning requirements and conclude a lease agreement. Thus, despite the adoption of an investment project for the construction of a printing services center for support with the provision of organizational assistance on land issues, since 2014, the business entity has unsuccessfully sought to change the type of permitted use of the land plot that is permissible by law, which prevented obtaining a building permit and state support measures. This decision was made only after the prosecutor's intervention.

AT Oryol region The prosecutor's office protected the rights of an enterprise that planned to locate a greenhouse complex for growing vegetables in the city of Novosil. The volume of investments is more than 1 billion rubles. Despite the fact that this project is included in the corresponding register provided for it land plot was located within the boundaries of two municipalities, in connection with which, in the conditions of unlawful inaction of the authorities, the investor for a long time could not formalize the rights to it and begin construction.

Numerous violations of the rights of economic entities were committed when concluding concession agreements.

In the Belgorod region, as a result of the illegal exercise of water supply authorities by the administrations of 13 settlements, infrastructure systems were leased without bidding commercial organization. As a result of the measures taken by the prosecutor's office, these objects were included in the property of the municipal district, a competition was organized to conclude a concession agreement, 13 officials were disciplined.

In the Republics of Dagestan and Mari El, the Krasnoyarsk Territory, the Kirov, Magadan, Ryazan, Tula and Chelyabinsk regions, prosecutorial response measures have been taken on the facts of non-compliance with the mandatory requirements for the procedure for transferring municipal property to concession.

The main reason for such violations was the reluctance of potential investors to ensure the modernization of worn-out municipal utility infrastructure.

In the Smolensk region, contrary to the requirements of the law, seven local administrations did not fulfill their obligation to develop and approve a list of municipal property objects to be transferred to a concession, which was often facilitated by the lack of state registration ownership rights to them. Similar facts were also revealed in the Republic of North Ossetia-Alania, Altai, Krasnoyarsk, Perm Territories, Bryansk, Kostroma, Novosibirsk, Orenburg and Oryol regions.

In some regions, violations were revealed in the implementation of priority investment projects in the field of forest development.

Due to the lack of a procedure for selecting applications for the implementation of such projects, the criteria for their evaluation, the prosecutor's office of the Tambov region submitted a proposal to the regional Duma. Similar measures have been taken by prosecutors in the Republics of Karelia, North Ossetia-Alania, Tatarstan, Perm Territory, Kemerovo, Novosibirsk, Samara and Saratov Regions.

Prosecutorial response was required in the Sverdlovsk region, where the regional Ministry of Industry and Science for a long time did not make a decision on the applications of timber enterprises for the implementation of investment projects in the field of forest development, and the violations committed by it caused the Ministry of Industry and Trade of the Russian Federation to repeatedly return such applications for revision.

In the Ryazan region, the prosecutor's office made a submission to the head of the regional Ministry of Forestry, which in 2015 repeatedly refused to lease land plots to an economic entity for the implementation of a priority investment project in the field of forest development - a high-tech complex for sawmilling, the production of wood briquettes and fuel pellets due to their absence . At the same time, in fact, such plots were available on the territory of six forestries.

Prosecutor's Office Kirov region the rights of business entities are protected in the implementation of priority investment projects in the field of forest development. The reason for the prosecutor's response was the unlawful inaction of the regional Ministry of Forestry, which did not change the size in a timely manner. rent, despite the decrease in the volume of the workpiece.

In the Vladimir region, the prosecutor's office reacted to the absence of mandatory conditions in the lease agreements for land plots provided as part of the implementation of investment projects in the field of forest development.

In total, over 23.5 thousand violations of the law were suppressed during the audit, more than 7.3 thousand submissions were made to eliminate them, 3 thousand illegal legal acts were protested, more than 400 applications were submitted to the courts, 1.5 thousand officials were brought to justice. disciplinary responsibility and about 200 persons - to administrative. Based on the materials sent to the preliminary investigation bodies, three criminal cases were initiated.

The audit revealed the need to improve federal legislation in terms of regulating investor relations with the executive authorities of the constituent entities of the Russian Federation, the responsibility of government officials for violations of investors' rights and increasing investment attractiveness objects of concession agreements, about which the Prime Minister of the Russian Federation was informed by the General Prosecutor's Office of the Russian Federation.

As a manuscript

TROFIMOV

Vladimir Alexandrovich

PROSECUTOR'S SUPERVISION OVER THE EXECUTION

LEGISLATION ON INVESTMENT ACTIVITIES

Speciality:

12.00.11 - judiciary, prosecutorial supervision,

law enforcement organization

Dissertations for the degree of candidate of legal sciences

Moscow - 2012

The work was carried out at the Department of Criminal Law and Special Disciplines of the NNOU VPO "Moscow University for the Humanities"

Doctor of Law, Professor,

scientific adviser– Honored Lawyer of the Russian Federation Yury Vinokurov Doctor of Law, Professor

Official Opponents: Grigoriev Viktor Nikolaevich, Head of the Department of Criminal Law, Criminal Procedure and Forensic Science, Moscow Psychological and Social Institute

PhD in Law, Associate Professor Ashitkova Tatyana Vasilievna, Leading Researcher of the Department of Problems of Prosecutorial Supervision and Strengthening the Rule of Law in the Sphere of Constitutional Rights and Freedoms of Man and Citizen of the Research Institute

Lead organization – State University named after N.I. Lobachevsky"

The defense of the dissertation will take place on May 10, 2012 at 16.00 at a meeting of the dissertation council D 521.004.06 at NNOU HPE "Moscow University for the Humanities" at the address: 111395, Moscow, st.

Yunosti, d. 5/1, educational building No. 3, room. 511.

The dissertation can be found in the library of the Moscow University for the Humanities.

Scientific secretary of the dissertation council, candidate of legal sciences, associate professor E.V. Belousova

GENERAL DESCRIPTION OF WORK

Relevance research topics. Global economic transformations taking place in Russia, the process of formation and development market structures make it necessary to coordinate the role of the state in the economy. Determination of guidelines and prospects for the development of society, ensuring a sustainable pace economic growth is possible only on the basis of a serious renewal of the forms and methods of state influence on economic processes. As development practice shows market relations, the functioning of the economic complex of the country is unthinkable without investments that ensure the continuity of reproduction, the development and implementation of industrial and innovative, social programs and projects that make it possible to increase production volumes, carry out its restructuring, increase technical level and efficiency, and most importantly - to improve the quality of life of the population.

Investment activity is a process that affects the interests of not only the state, but also all sectors of society, private companies and individuals. In this regard, the state must correlate the interests of society, determined by its well-being, with the interests entrepreneurial activity regulating this activity, seeking, among other things, streamlining investment flows in order to create a favorable investment climate. To perform the function of regulating public relations, the state uses both economic and administrative methods of influencing investment activities through the adoption (publication) and adjustment of relevant laws and by-laws, as well as through investment policy corresponding national interest Russia. One of such administrative and legal levers of influence is the activity of prosecutors aimed at ensuring accurate and uniform implementation of legislation on investment activities.

The practice of prosecutorial supervision shows that the state of legality in this area does not meet the requirements.

Violations of the rights and legitimate interests of the subjects of investment legal relations relate to almost all areas of this activity. In particular, there are not isolated cases of adoption (publication) by regional government bodies and bodies local government illegal legal acts that infringe the rights of participants in investment activities or concerning illegal interference in their work. Investment law violations are allowed government bodies and officials with control and auditing powers. In the process of exercising their powers, there is often a lack of transparency in the verification and other activities carried out. There are facts of creating various administrative barriers when investors exercise their rights (including by establishing procedures and prohibitions not provided for by law, unreasonable fees and payments), restricting competition and unjustified provision individuals preferences and privileges, requests for unnecessary documents, red tape when considering applications. There are also widespread facts of abuse of office by officials and manifestations of corruption.

At the same time, the subjects of investment activities do not always comply with the norms and standards established by law. Thus, some of them neglect the examination of investment projects;

presented project, industry or investment program. There are numerous facts of misappropriation of investment funds, even their plundering, additions to the volume of work performed, poor quality of their performance and other violations.

The unfavorable state of legality in the investment sphere makes it necessary to intensify and increase the effectiveness of prosecutorial supervision over the observance of the rights and legitimate interests of its subjects. Meanwhile, inspections of the implementation of investment legislation conducted by prosecutors are not always of high quality, as a result of which individual violations remain unidentified, circumstances contributing to violations are often not established, and prosecutorial responses to violations are not always adequate to the public danger of these violations.

At the same time, there are reserves for improving prosecutorial supervision over the implementation of legislation on investment activity, and increasing its efficiency. Prosecutors can achieve the best results by eliminating the mistakes made and improving, intensifying supervisory activities, applying new forms and methods of supervisory activities recommended by science and tested in practice. At the same time, theoretical developments, evidence-based recommendations aimed at improving prosecutorial supervision in this area are especially in demand.

dissertation research.

The degree of scientific development of the research topic. Problems of organization and implementation of prosecutorial supervision over the implementation of legislation in various fields activities have been repeatedly considered in the scientific works of Russian scientists. Among them A.I.

Alekseev, V.I. Baskov, S.G. Berezovskaya, A.D. Berenzon, V.G. Bessarabov, A.D. Boikov, G.I. Brovin, K.D. Burmistrov, I.S. Viktorov, Yu.E. Vinokurov, A.Yu. Vinokurov, K.Yu. Vinokurov, V.V. Gavrilov, S.I. Gerasimov, V.G. Daev, T.N. Dobrovolskaya, V.K. Zvirbul, A.Kh. Kazarina, A.B. Karlin, A.F.

Kozusev, Yu.A. Kalenov, I.Ya. Cleaver, D.V. Krechetov, V.G. Lebedinsky, A.A.

Levy, V.D. Lomovsky, M.N. Margunov, V.G. Melkumov, L.A. Nikolaev, M.Yu. Raginskiy, V.I. Rokhlin, V.P. Ryabtsev, V.M. Savitsky, K.F. Skvortsov, Yu.I. Skuratov, A.F. Smirnov, A.B. Solovyov, B.M. Spiridonov, A.Ya.

Sukharev, V.N. Osipkin, V.S. Tadevosyan, M.E. Tokareva, A.A. Chuvilev, V.I.

Shind, V.B. Yastrebov and others.

investment projects paid attention in their works to such theoretical economists as T.V. Andreeva, V.D. Andrianov, A.G. Afonin, I.T. Balabanov, E.V. Balatsky, V.S. Bard, N.A. Blank, A.V. Buzgalin, B.P.

Plyshevsky, V.V. Radaev, E.A. Utkin, A.B. Feldman and others.

In Russian legal science, the studies of M.M. Boguslavsky, A.G. Bogatyryova, V.P. Bugorsky, I.A. Vdovina, N.N. Voznesenskaya, A.A. Goryagin, V.V.

Gushchina, N.G. Doronina, V.A. Zimina, A.V. Kirina, M.E. Koveshnikova, V.N.

Kokina, R.A. Kurbanova, A.V. Mayfata, G.D. Otnyukova, A.M. Palankoeva, Yu.V. Potapova, N.G. Semilyutina, T.A. Serebryakova, V.V. Silkina, Yu.S.

Kharitonova, I.Yu. Tselovalnikova, T.V. Shadrina and others.

It should be noted, however, that in these scientific works, the authors mainly considered general issues, including the organization and implementation of prosecutorial supervision over the implementation of laws, or certain aspects of the activities of the prosecutor's office that are not related to the investment sphere. An independent integral scientific study devoted to a comprehensive study of the problems of prosecutorial supervision over the implementation of investment legislation has not been conducted. No dissertation has been defended on this issue or another monographic study has been published. There are also no much-needed methodological manuals and developments on the organization and implementation of prosecutorial supervision in this area. Meanwhile, the theoretical and organizational-legal foundations for the implementation of prosecutorial supervision over the precise and uniform implementation of legislation on investment activities, as well as the practice of implementing such supervision, need scientific generalization and analysis.

Insufficient development of a number of scientific and practical issues, the objective need for their scientific understanding and analysis, determined the choice of goals, objectives, object, subject, structure and content of the study.

provisions on the peculiarities of prosecutorial supervision over the implementation of legislation on investment activities, as well as substantiation of the main directions for its improvement, quality and efficiency.

the need to resolve the complex of the following research tasks:

investment activity in the Russian Federation;

Disclosure of the content of prosecutorial supervision as one of the ways to ensure the rule of law in the field of investment activities;

investment legislation in the structure of prosecutorial supervision;

Consideration of the specifics of the organization of work in the prosecutor's office to supervise the implementation of the said legislation;

role disclosure information support in science-based planning of work in the disclosed supervisory area;

- substantiation of the increasing role of prosecutorial supervision over the implementation of investment legislation;

- analysis of the powers of prosecutors in terms of their sufficiency;

legislation in the field of investment and the establishment of circumstances conducive to them;

revealed violations of the named legislation and showing their role in the prevention of offenses;

Substantiation of proposals aimed at improving, on the one hand, the legislation regulating the powers of prosecutors in the implementation of supervision over the implementation of laws in the investment sphere, and, on the other hand, investment legislation.

legal relations arising in the course of prosecutorial supervision over the implementation of legislation on investment activity in the Russian Federation.

The subject of the dissertation research is the problems associated with ensuring the effective implementation of the powers of prosecutors to supervise the implementation of legislation on investment activities at all stages of the supervisory process; with the definition of the main directions for its improvement and, first of all, the forms and methods of work that bring the best results in terms of strengthening the rule of law at the best cost of effort and money.

The methodological basis of the study was the dialectical method of scientific knowledge and general scientific methods based on it: analysis, analogy, induction, and others. In preparing the dissertation, private scientific methods for studying legal and social phenomena were also used: historical-legal, logical, system-structural, comparative-legal, statistical, and others.

The legal framework of the study is: the Constitution of the Russian Federation; legislation regulating investment activities, as well as the organization and activities of the prosecutor's office; laws and other regulations subjects of the Russian Federation and departmental regulatory legal acts related to the subject of the study.

fundamental works of Russian scientists in the field of the theory of state and law, prosecutorial supervision, law enforcement, reflecting certain aspects of the object and subject of this study.

The empirical base of the study was the statistical data of the Prosecutor General's Office of the Russian Federation, the materials of the practical activities of the prosecutor's offices of Moscow and the Moscow region (certificates, memorandums, reviews, generalizations, acts of the prosecutor's response) for the period from 2005 to 2011. In the course of the study, in particular, 60 materials of prosecutorial inspections of the implementation of the said legislation, protests, 37 submissions, 26 statements of claim, 23 resolutions on initiating proceedings on administrative offense, warnings about the inadmissibility of violating the law, 71 prescriptions and decisions on bringing to administrative responsibility.

In addition, a survey was conducted of 92 prosecutors, whose competence includes, among other things, the supervision of legality in the investment sphere.

Scientific novelty research lies in the fact that the dissertation, among the first at the monographic level, carried out a comprehensive study of the mechanism for the implementation of prosecutorial supervision over the implementation of legislation on investment activities. The novelty also lies in a systematic approach to the study of the legal nature and content of the competence of the prosecutor in the implementation of supervision over the implementation of laws in the investment sphere; organizing the work of the prosecutor to ensure the precise and uniform implementation of the said legislation; as well as organizational and legal problems in the field of implementation by the prosecutor of the supervisory function in relation to the subjects of investment activity.

The dissertation presents a conceptual description of prosecutorial supervision over the implementation of legislation in the investment sphere developed by the author; its content and features are disclosed. In addition, the main shortcomings allowed by prosecutors in organizing and exercising supervision over the implementation of investment activity legislation are analyzed, and possible ways to prevent them in the future are substantiated.

Based on the analysis of theoretical sources and practical activities of the prosecutor's office, the dissertation formulated a number of new scientific provisions, as well as proposals for improving the legislation on the prosecutor's office and especially valuable ones - to increase the efficiency of prosecutorial supervision over the implementation of investment legislation.

Key points submitted for defense:

The author's definition of the concept of prosecutorial supervision over the implementation of legislation on investment activity, which should be understood as the specific supervisory and control activities of the prosecutor's office carried out on behalf of the Russian Federation, consisting, firstly, in legal control compliance with the procedure established by law for the transfer Money or other property in monetary value by one person, referred to as the investor, to another person, referred to as the recipient, investments for the purpose of making a profit or achieving another socially useful result; secondly, in the aggregate of supervisory actions carried out by the prosecutor's office in order to verify compliance by financial and other entities with legal norms in the process of formation, distribution and use financial resources for timely receipt of complete and reliable information on the implementation of state investment projects; thirdly, in the system of measures implemented by the prosecution authorities to stimulate investment activity and on this basis the country's economic growth.

2. Justification that in the structure of prosecutorial supervision, supervision over the implementation of legislation on investment activity is a sub-direction of the direction of prosecutorial supervision over the implementation of economic legislation and the direction of prosecutorial supervision over the implementation of legislation on foreign economic activity branches of prosecutorial supervision over the implementation of laws and supervision over the observance of the rights and freedoms of man and citizen.

3. Conclusion that in the future, in connection with the implementation of investment projects, an increase in the volume (amount) of funds circulating in the field of investment, omissions in the work of control bodies and, as a result, an increase in offenses, the role of prosecutorial supervision will be in the investment field.

4. Justification that the success of the human rights activities of prosecutors in the investment sphere in terms of strengthening the rule of law largely depends on how professionally, taking into account all the circumstances (the state of legality, the qualifications of the staff of the prosecutor's office, the workload of other work, etc.), prosecutors will organize their work.

The organization of work is understood as a complex of objectively necessary elements (measures) aimed at the effective functioning of the prosecutor's office. The most important of these elements are the collection and analysis of information on violations of investment legislation, work planning and control over the implementation of plans, organization of interaction with control bodies and other bodies in the process of supervisory activities.

5. Classification of types of information that characterizes the state of implementation of laws on investment activity and forms the basis of information support for the organization of prosecutorial supervision in this area: regulatory; organizational and methodological; on the development of investment activities; about violations of laws on investment activity; on the activities of law enforcement, enforcement of investment legislation.

6. Classification of the main (typical) shortcomings allowed by prosecutors in organizing and exercising supervision over the implementation of laws in the investment sphere (factors that negatively affect the effectiveness of prosecutorial supervision), namely: fragmentary (selective) coverage of inspections of the activities of supervised bodies, as a result of which information about violations of laws remains unverified; untimely inspections, when the elimination of identified violations becomes impossible or difficult;

low-quality (superficial) inspections due to unpreparedness for them, as a result of which not all violations of laws are detected; non-establishment during inspections of circumstances conducive to violations of laws; conducting inspections without the participation of specialists, when their participation is necessary; poor-quality preparation of acts of the prosecutor's response to violations of laws; failure to exercise proper control over the response; formal (superficial) exercise of supervision over the implementation of laws in the course of a preliminary investigation into cases of crimes in the investment sphere; passive position of arbitration cases in the courts, due to unpreparedness for trials, and other shortcomings.

7. Justification that the prerequisites for the successful implementation of prosecutorial supervision over the implementation of legislation on investment activity are: awareness (understanding) by prosecutors of the importance of the role of investment activity in the development of Russia; their sound knowledge of this legislation and practice of its implementation; a clear understanding of the role and capabilities of the prosecutor's office in ensuring the rule of law in the field of investment activities, the history of the development of prosecutorial supervision over the implementation of the said legislation; the ability to properly organize work on a scientific basis, in particular to organize the timely receipt of reliable information about violations of this legislation by the prosecutor's office, as well as interaction with control bodies and other bodies in the process of prosecutorial and supervisory activities;

mastery of the tactics and methodology of prosecutorial supervision both at the stage of identifying violations of laws, establishing the circumstances that contribute to them, and at the stages of their elimination and prevention; the ability to objectively evaluate the effectiveness of supervisory activities, which is the main evaluation category of the considered sub-direction of prosecutorial supervision, as well as all the multifaceted activities of the prosecutor's office.

the effectiveness of prosecutorial supervision over the implementation of legislation on investment activities can be: timely elimination of errors, shortcomings in work, including those previously mentioned; daily, continuous improvement of the qualitative characteristics of all supervisory activities; security integrated approach to the problem of strengthening the rule of law, in particular, in the field of investment; improvement methodological base prosecutor's supervision; improvement of management (leadership) of supervisory activities by higher prosecutors; improvement of legislation.

9. Proving that the improvement of the management of supervisory activities by higher prosecutors can go in such areas as: strengthening control over execution, as well as their guiding and coordinating role; providing methodological assistance to lower-ranking prosecutors by developing methodological manuals, instructions, regulations, reviews; conducting demonstrative inspections of the implementation of laws for employees of subordinate prosecutor's offices, as well as participation in inspections conducted by these employees; taking measures to eliminate the mistakes made in the lower prosecutor's offices in the exercise of supervision; strengthening control over the introduction into the practice of supervision of the latest achievements of science and practice, advanced methods and techniques for identifying and eliminating violations of laws; improvement of disciplinary practice.

10. Justification of proposals for improvement legal framework prosecutor's supervision over the implementation of investment legislation.

In particular, it is proposed to introduce into the Federal Law "On the Prosecutor's Office of the Russian Federation" following changes: to provide, as a legal means of influencing prosecutors on violators of laws, such an act of response as an instruction, i.e. instruction, requirement to immediately stop illegal actions (inaction);

abolish all regulatory restrictions that prevent the prosecutor from filing lawsuits in courts of general jurisdiction and arbitration courts in order to protect the rights and legitimate interests of both individuals and legal entities;

give prosecutors and their deputies the right to issue a decision to initiate disciplinary proceedings against persons guilty of violating the norms of the current legislation; expand the circle of persons in respect of which a decision to initiate proceedings on an administrative offense may be issued, including citizens; the right to submit acts of prosecutorial response to all prosecutors involved in the supervisory process.

It would also be necessary to codify investment legislation by developing and adopting the “Investment Code of the Russian Federation”, which would lead to some reduction in the number of regulations, which to some extent would facilitate the work of prosecutors.

of the study is that the provisions and conclusions formulated in the dissertation are of general theoretical importance for filling in the gaps and further developing the conceptual ideas of one of the areas of law enforcement - prosecutorial supervision.

The practical significance of the dissertation research lies in the fact that the conclusions, provisions and proposals contained in the work, when implemented, can contribute to improving the quality and efficiency of the work of prosecutors who oversee the implementation of legislation in the investment sphere.

The dissertation material can also be used as a scientific and methodological basis for the development of educational and methodological manuals, methodological developments (especially private methods) to identify and eliminate violations of investment legislation.

The provisions and conclusions presented in the dissertation can also be applied in law schools and institutions of additional vocational education in the process of teaching academic disciplines"Prosecutor's Supervision" and "Law Enforcement Agencies".

Approbation and implementation of the results of the study took place in the form of a discussion of the main provisions of the dissertation at meetings of the Department of Criminal Law and Special Disciplines of the Faculty of Law of the Moscow University for the Humanities. In the process of conducting the study, the author made a number of scientific reports at the scientific humanitarian university.

The main provisions of the dissertation research have been introduced into the practical activities of the prosecutor's office, are used in the educational process of the Moscow University for the Humanities, the National Institute of Business in teaching the academic disciplines "Prosecutor's Supervision", "Law Enforcement Agencies".

The main provisions of the dissertation research are set out in the published scientific articles, including in the leading publications recommended by the Higher Attestation Commission of the Ministry of Education and Science of the Russian Federation.

The structure of the dissertation research. The dissertation consists of an introduction; three chapters, including ten paragraphs, containing a presentation of scientific research and revealing the topic of the dissertation;

conclusions, a list of used normative legal acts and literature, applications.

BASIC THE CONTENT OF THE WORK

In the introduction justifies the choice of the topic of the dissertation, its significance and dissertation research; characterized by methodological and theoretical basis work, its empirical base, reveals the scientific novelty of the study, as well as its theoretical and practical value, outlines the main provisions submitted for defense, information about the approbation of the results obtained and their implementation in practice.

First chapter"Legislation on investment activity and the role of the prosecutor's office in its implementation" is devoted to the definition of the concept of investment activity and its role in the development of the country;

characterization of legislation on investment activity as a sphere of prosecutorial supervision; determining the place of prosecutorial supervision over the implementation of legislation on investment activity in the structure of the investment sphere; as well as the history of the development of prosecutorial supervision over the implementation of legislation on investment activities.

The first paragraph "The concept of investment activity and its role in the development of the country" analyzes the concept of investment activity and its role in the development of our country.

The study showed that one of the necessary conditions for the successful development of the economy of any state is high investment activity, which is ensured by increasing the volume of investments being made and their most efficient use in the most significant areas. material production and social sphere.

At present, numerous violations of this legislation are allowed, up to the embezzlement of investment funds, which does not contribute to improving the investment climate and discourages investors from investing in the economy and social spheres. Under these conditions, the role and importance of the law enforcement activities of the prosecutor's office, designed to oversee the implementation of investment legislation, is increasing. Prosecutorial supervision, which is of a universal supra-departmental nature, acts, on the one hand, as one of important ways ensuring legality in the field of investment and, on the other hand, as a legal means of enhancing and improving the activities of control bodies and other bodies.

In the second paragraph "Characteristics of the legislation on investment activity as a sphere of prosecutorial supervision"

the characteristic of the named legislation is given.

It is noted that one of critical factors, affecting the content of prosecutorial supervision in the field of investment activity, is existing system legislation defining the national legal regime of this activity, as well as regulating the principles and mechanism of the relationship of investors with state bodies, on the one hand, as well as with other participants economic relations and business entities on the other.

Regulatory legal framework in the field of organization and implementation for a long period of time. It contains many reference norms and significantly complicates the process of law enforcement and complicates the implementation of prosecutorial supervision in this area of ​​legal relations.

In addition, the legislation on investment activity is very flexible, it is being improved taking into account the demands of practice: obsolete legislative acts, new acts are adopted or issued, changes are made to existing acts.

Thus, we can conclude that the multi-level system of legal regulation of investment activities is aimed at streamlining legal relations, investment activities.

In the third paragraph, “The place of prosecutorial supervision over the execution of prosecutorial supervision over the execution of the named legislation in the structure of prosecutorial supervision and its role in ensuring legality in the investment sphere.

The study showed that one of the most important investment bodies is the prosecutor's office, which is entrusted with the supervision of the implementation of Russian legislation, including legislation on an independent way to ensure the rule of law in the field of investment activity. Supervision over the implementation of the said legislation has been carried out to one extent or another since the creation of the prosecutor's office in Russia (January 1722).

In the structure of the unified prosecutorial supervision, supervision over the implementation of legislation on investment activity is an independent sub-direction of the direction of supervision over the implementation of economic legislation and the direction of supervision over the implementation of legislation on foreign economic activity of the branches of prosecutorial supervision over the implementation of laws and supervision over the observance of human and civil rights and freedoms.

The subject of prosecutorial supervision over the implementation of the said legislation should be considered the identification of violations of the said legislation, the establishment of circumstances conducive to them (reasons and conditions), the suppression and elimination of these violations and circumstances, bringing the perpetrators to justice. statutory responsibility and take steps to prevent similar violations in the future. The content of the subject of prosecutorial supervision over the implementation of the legislation of this category mainly includes activities related to the processes of formation, distribution and use of financial resources by investment entities and public authorities of all levels and local self-government, characterized by a system of various cost indicators.

The object of prosecutorial supervision over the implementation of legislation on investment activity is the sphere of legal relations, the subjects (parties) of which are the public authorities, control bodies, officials, heads of commercial and non-profit organizations and other subjects to which the jurisdiction of the prosecutor's office extends. Subjects of investment and legal entities accepting investments for the purpose of realizing and obtaining a benefit or some other socially useful result.

In the fourth paragraph "History of the development of prosecutorial supervision over the implementation of legislation on investment activities"

the issues of the evolution of prosecutorial supervision over the implementation of the above-mentioned legislation are studied.

It is noted that prosecutorial supervision over the implementation of legislation on investment activity as an independent sub-direction of the directions of supervision over the implementation of economic legislation and supervision over the implementation of legislation on foreign economic activity has been carried out in Russia for more than two centuries.

Prosecutorial supervision over the implementation of legislation on investment activity is objectively necessary in any society where commodity-money relations exist. Its role is great in a society dominated by state property controlled by administrative command methods, but in a democratic society with market forms management, it increases many times over.

Second chapter"Organization of work on supervision over the implementation of legislation on investment activity" is devoted to the study of the content of the organization of work on supervision of the implementation of legislation on investment activity;

information support for prosecutorial supervision over the implementation of the said legislation as the basis for evidence-based planning; organizing the interaction of the prosecutor's office with other bodies in the exercise of supervision over the implementation of legislation on investment activities.

In the first paragraph "Content of the organization of work on supervision of the implementation of legislation on investment activity"

the problems and features related to the content of the organization of prosecutorial supervision over the implementation of legislation on investment activity are considered.

prosecutorial supervision over the implementation of legislation on investment activities largely depends on whether the work of specific departments of the prosecutor's office and employees of these departments exercising such supervision is properly organized.

The organization of the work of the prosecutor's office to supervise the implementation of the said legislation should be understood as a set of objectively necessary interrelated and complementary measures (activities or elements) for training, selection, placement, and advanced training of prosecutors; constant regulation (direction of their activities); providing them with all the necessary means; collection and analysis of information on violation of laws; analysis of the work of the prosecutor's office and its evaluation; planning work, monitoring the implementation of plans; organization of interaction between the structural divisions of the prosecutor's office and specific employees, other stakeholders in order to prevent and suppress violations of the legislation on investment activities.

The work of the prosecutor in this sub-direction of supervisory activity should be built taking into account the fact that all the most pressing issues of ensuring the rule of law in the field of investment are in the field of view of the prosecutor's office. It is necessary to provide that this work is based on a well-thought-out long-term strategy for the activities of the prosecutor's office. Its organization is designed to ensure comprehensive accounting and use of the results of the work carried out in other areas of activity of the prosecutor's office. Supervision over the implementation of laws in the investment sphere should contribute to a systematic impact on the causes of financial and economic offenses, on the whole range of circumstances that contribute to their commission.

In the second paragraph "Information support of prosecutor's supervision over the implementation of legislation on investment activity as the basis of evidence-based planning" the role of information support in planning prosecutor's supervision over the implementation of legislation on investment activity is considered and analyzed.

Based on the results of the study, it was concluded that the fulfillment of the tasks facing the prosecutor's office to supervise the implementation of the legislation of this category implies the availability of complete and objective information that allows for the analysis of changes in the legislation, judicial practice, statistical data on the bodies carrying out investment activities; the nature of the offenses committed in this area.

The information received by the prosecutor regarding the implementation of legislation on investment activities can be divided into the following groups: regulatory; organizational and methodological; on the development of investment activities; on violations of the legislation on investment activity; on the activities of law enforcement, regulatory and other state and non-state bodies related to the enforcement of the said legislation.

The most important elements of the organization of work for the implementation of legislation on investment activity is the collection of information about violations of this legislation, its analysis, work planning and organization of interaction with other bodies.

compliance with the legislation on investment activity"

the problems of organizing the interaction of the prosecutor's office with other bodies in the implementation of supervision over the implementation of this legislation are considered.

The results of the study showed that the organization of interaction between the prosecutor's office and the bodies endowed with control functions, law enforcement and other bodies is one of the most important elements of the organization of work in general, including the organization of work to supervise the implementation of legislation on investment activities.

The main directions of interaction of the prosecutor's office with the implementation of supervision over the implementation of the specified legislation are coordination and operational meetings; holding collaborative literature; joint preparation of draft normative legal acts;

involvement of specialists from control bodies to participate in prosecutorial checks; coordination of response measures to eliminate identified preventive and preventive work.

Third chapter“The powers of prosecutors to oversee the execution of the investigation of the powers granted to prosecutors aimed at identifying violations of the legislation on investment activities; to eliminate and prevent such violations; as well as the main directions for increasing the efficiency of prosecutorial supervision over the implementation of legislation on investment activities.

In the first paragraph "The powers of prosecutors aimed at identifying violations of the legislation on investment activities"

analyzes issues related to the competence of the prosecutor to identify violations of this legislation.

The study showed that at present, prosecutors have sufficient powers to identify violations of laws, including in the investment sphere, and to establish the circumstances that contribute to these violations. The ultimate success of their activities depends on how well and professionally prosecutors exercise these powers. All the powers of prosecutors, in their essence and purpose, are supervisory actions of different content, carried out by prosecutors in the presence of legal grounds for this.

All supervisory actions must be, on the one hand, legal (enshrined in law) and, on the other hand, justified. They must be carried out at the right time and in the right place, according to at least, in a timely manner, while it is still possible to eliminate the committed violation or stop its development into a more dangerous offense (to prevent the onset of more harmful consequences).

In the second paragraph "The powers of prosecutors aimed at eliminating and preventing violations of the legislation on investment activity" the powers of prosecutors are considered and examined from the point of view of their sufficiency.

Based on the study, the author substantiates the conclusion that all statutory To some extent, legal means of response are used by prosecutors in the exercise of prosecutorial supervision over the implementation of legislation on investment activities.

Among them, the most frequently used are such means of prosecutorial protest of illegal legal acts, filing applications with the courts for the recognition of legal acts as invalid or invalid, making submissions to eliminate violations of laws, issuing decisions to initiate proceedings on an administrative offense, issuing a warning about the inadmissibility of violating the law and handling statements of claim to courts of general jurisdiction and arbitration courts for compensation for material damage caused to both individuals and legal entities.

As a legal means of influencing the prosecutor on the violator of the law, in the opinion of the dissertation, it is advisable to provide an instruction, i.e. instruction, requirement to immediately stop illegal actions (inaction). In addition, prosecutors and their deputies should conduct disciplinary proceedings against persons guilty of violating the norms of the current legislation, however, whose actions do not constitute an administrative or criminal offense.

the effectiveness of prosecutorial supervision over the implementation of legislation by the implementation of the said legislation.

(typical) shortcomings and omissions in the organization of prosecutorial supervision over the implementation of the said legislation are the following:

incomplete (selective) coverage of supervised objects by inspections;

untimely implementation of supervisory actions; low-quality inspections of the implementation of the said legislation;

failure to establish all circumstances conducive to violations of laws;

poor-quality and illiterate preparation of acts of the prosecutor's response; lack of proper control by prosecutors over the implementation of the requirements contained in the response acts; formal implementation of prosecutorial supervision over the implementation of laws in the course of a preliminary investigation.

In custody dissertation formulated the main conclusions and theoretical provisions, as well as recommendations for law enforcement practice.

reflection in the following scientific papers:

1. Trofimov V.A. Priority tasks prosecutor's supervision over the implementation of legislation on investment security in of the Russian Federation and the content of the organization of work on monitoring the implementation of legislation on investment security // Business in law. 2009.

No. 5. S. 252-255. 0.4 p.l.

response of the prosecutor to violations of the legislation on investment activity // Legal Science and Practice. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2011. No. 3 (16). pp. 320-323. 0.5 p.l.

"Prosecutor's supervision of investment activity" // Legal science and practice. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2011. No. (16). pp.223-226. 0.4 / 0.2 p.l.

4. Trofimov V.A. Investment activity and investments // Topical issues of Russian law. Collection of scientific articles. Issue. 12.

M.: Publishing House of Moscow State University, 2009. S.102-106. 0.2 p.l.

5. Trofimov V.A. Characteristics of the Russian legislation on investment activities // Topical issues of Russian law.

Collection of scientific articles. Issue. 12. M.: Publishing House of Moscow State University, 2009. S. 106-112. 0, s.l.

investment activity // Topical issues of Russian law.

Collection of scientific articles. Issue 14. M.: Publishing House of Moscow State University, 2009. S. 89-92. 0.2 p.l.

7. Trofimov V.A. Primary tasks of prosecutorial supervision over the implementation of legislation on investment activity in the Russian Federation // Actual issues of Russian law. Collection of scientific articles. Issue. 14. M.: Publishing House of Moscow State University, 2009. S. 92-97. 0.3 p.l.

8. Trofimov V.A. Normative-legal bases of investment activity in the Russian Federation // Problems of implementation of modern legal relations: materials of the All-Russian Scientific and Practical Conference. Nevinnomyssk: NGGTI, 2011. P.129-132. 0.3 p.l.

9. Trofimov V.A. On some issues of organizing work on supervision of the implementation of legislation on investment activity in the Russian Federation // Ensuring the rule of law in the Russian Federation:

materials of the scientific conference held at the Faculty of Law of Moscow State University on November 24, 2011. M: MosGU, 2011. S. 169-171. 0.3 p.l.

Publishing house of NNOU VPO "Moscow University for the Humanities"

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Your question:

Received Gratitude Federal Service on supervision in the field of consumer rights protection and human well-being for a significant contribution to the organization and implementation of measures to ensure the sanitary and epidemiological welfare of the population during the stay of Ukrainian citizens in the Rostov region in 2014. I have 26 years of continuous experience. Can I apply for Veteran of Labor?

Lawyer's response:
Hello Lyudmila!
According to the Regional Law of the Rostov Region dated September 18, 2006 No. 541-ЗС “On the procedure and criteria for conferring the title“ Labor Veteran ”in the Rostov Region:
Article 2. Conditions for awarding the title "Veteran of Labour"
The title "Veteran of Labour" is awarded to:
1) persons awarded orders or medals, or awarded noble titles of the USSR or the Russian Federation, or awarded departmental insignia in labor and having seniority, necessary for the purpose of the old-age pension or for the length of service;
2) persons who started their labor activity at a minor age during the Great Russian War and have a work experience of more than 40 years for guys and 35 years for ladies.
Such a departmental insignia in labor is the badge "Noble worker of Rospotrebnadzor" (employees are awarded according to the order of Rospotrebnadzor dated March 14, 2013 No. 133 "On the establishment of the badge "Noble worker of Rospotrebnadzor").
Unfortunately, gratitude is not the basis for conferring the title of "Veteran of Labor".

Do tenants have the right general meeting forbid the entrepreneur to work in non-residential premises acquired by right of ownership?

Your question: protection of the rights of entrepreneurs in the field of investment activities

Good afternoon! Developer built apartment house with non-residential premises in the semi-basement. Do the tenants of the house have the right to prohibit the entrepreneur from working in non-residential premises acquired on the right of ownership by the general meeting? The house belongs Management Company. The entrepreneur's field of activity is a self-service laundry.

Lawyer's response:
Hello Svetlana. Only the owner has the right to own, use and dispose of the property, and not to the collective of residents. Residents of the house have no more opportunities to forbid anything than this businessman himself. Neither you nor he can forbid you to use your property. If his activities violate your rights or the law, you can apply to the relevant authorities (the prosecutor's office, housing inspection, Rospotrebnadzor, etc.) or to the court to protect your own rights.
________________________________________

In the field of educational services, an individual entrepreneur has to hire workers without a license

Your question: protection of the rights of entrepreneurs

whether an individual entrepreneur (in the field of educational services) has the right to hire teachers, or then a license will be needed. I want to call additional education the "Center for Creativity and Development" _____________ "where educational services will be provided in fine arts, preparing children for school, learning foreign languages ​​and it is also possible to prepare for the Unified State Examination and GIA, classes with a speech therapist and a child psychologist. I myself have a diploma teacher of fine arts and drawing.

Lawyer's response:
Hello!
does an individual entrepreneur (in the field of educational services) have the right to hire teachers, or then a license will be needed
Nina
I myself have a diploma as a teacher of fine arts and drawing.
Nina
You have the right to conduct educational activities as a personal businessman, without a license, as long as you work alone without the employment of other teachers. If you accept at least 1, you will need a license.
________________________________________

Can the prosecutor's office stand up for the protection of the rights of citizens?

Your question: protection of the rights of entrepreneurs

Can the prosecutor's office, on its own initiative, stand up for the protection of the rights of citizens, including by interfering in the activities of the city's authorities?

Lawyer's response:
According to Article 54 of the Civil Procedure Code of the Russian Federation and the Federal Law on the Prosecutor's Office, the prosecutor has the right to apply to the court with a statement in defense of the rights, freedoms and legitimate interests of people. An application in defense of the rights, freedoms and legitimate interests of a citizen may be filed by the prosecutor only if the citizen, due to health, age, incapacity and other respectful reasons, cannot apply to the court himself. This article also indicates the grounds for the role of the prosecutor, regardless of the state of health, age and incapacity of a citizen.
What do you mean by interference in the activities of the authorities? The prosecutor's office supervises legality, so that it can conduct inspections.
________________________________________

Investment activity is the most important tool for economic development. It is through investment that new industrial facilities, shopping centers, research laboratories.

Legal regulation of investment activity in the Russian Federation is carried out on the basis of the following legal acts:

• Law of the RSFSR dated June 26, 1991 No. 1488-1 "On investment activity in the RSFSR" with amendments and additions that do not contradict federal law dated February 25, 1999 N 39-FZ;
• Federal Law No. 39-FZ of February 25, 1999 (as amended and supplemented) “On investment activities in the Russian Federation carried out in the form of capital investments”
• Federal Law No. 46-FZ of March 5, 1999 (as amended and supplemented) “On the Protection of the Rights and Legitimate Interests of Investors in the Market valuable papers" and etc.

In addition to these four laws, there are many by-laws, instructions and other regulations. legal documents explaining the rights and obligations of investors.

Advice! Investment legislation overlaps with other regulatory legal acts, so it is worth studying not only general laws relating to investment activities, but also legislation in the field of proposed investments.

Directions of regulation of investment activity

The legal regulation of investments in the Russian Federation covers a wide range of issues that arise in the course of investment activities, which contributes to the effective protection of investors.

Conventionally, regulatory legal acts regulating investment activity can be divided into laws regulating:

• investment activity carried out by non-residents;
• carried out by residents.

Directly for foreign investors a law on foreign investment has been developed to regulate their activities in the country.

Features of the legal regulation of investment activity in the Russian Federation suggest the possibility of investing financial resources in the form of:

• investment in capital construction;
• creation joint venture and etc.

Of course, the purchase of securities by foreign investors is not the best investment direction, since in this case a “new product” is not created. it short term investment who quickly come and quickly leave the country.

The state is interested in investors who create new industries, bring new technologies with them and introduce them at domestic enterprises. Another major area of ​​investment activity stimulated by the state is the modernization of production.

Unfortunately, many domestic enterprises have morally and physically obsolete equipment that needs to be changed, since modern production is basically impossible without the latest equipment.

Advice! State regulation in Russia has many by-laws, which are not always included in the list of acts recommended for the investor to familiarize themselves with, so you should carefully read the reference norms of laws.

Fundamentals of legal regulation of investment activity regulate:

• the procedure for using production factors available on the territory, which can be used in investment activities;
• movement of funds allocated for the implementation of investment projects;
• taxation procedure, benefits and state guarantees;
• regulatory legal framework investment activity.

Methods of state regulation of investments

Methods of legal regulation of investment activity include:

• in the form of movement of financial resources;
• regulation of investment objects;
• examination of investment projects;
• state control over compliance with accepted norms and standards;
• control over compliance with the rules of mandatory certification;
• regulation of investment activity of domestic investors abroad;
• assessment of the legality of the depreciation policy;
• concessional lending system;
• tax incentives and regulation of investment activities;
• control and regulation of investors' participation in privatization;
• providing the necessary financial assistance.

In the implementation of a competent investment policy, the role of the state is great, which deals with such issues as:

• formation of an optimal tax system meeting all the goals and objectives of the state and investors;
• development of special tax regimes that stimulate the activity of investors;
• security preferential terms the use of natural resources of the state, in cases where a positive impact of investment activity on the economy is expected;
• stimulation of leasing operations;
• creation of a system for revaluation of fixed assets of organizations and enterprises.

One of the problem areas is the instability of the tax system. Formally, the Government does not change the taxation of entrepreneurs, but the number of various fees is constantly increasing. Often the investor is simply not able to keep up with all the innovations.

Natural resources often go only to state-owned companies, and entrepreneurs do not have the opportunity to use them at affordable prices.

Peculiarities of regulation of activities of foreign investors

The system of legal regulation of investments in the Russian Federation regulates the investment activities not only of residents of the Russian Federation, but also the activities of foreign investors. Foreign investors have restrictions when investing in the territory of the Russian Federation, associated with the limitation of the share of participation in certain types enterprises in the country.

Investors have the opportunity to make capital investments in the following forms:

• invest financial resources in new construction;
• renovate, expand and technical re-equipment operating enterprises;
• purchase machinery, equipment, inventory, tools;
• carry out design and survey work, etc.

Legal regulation of investment avoids various violations and is a tool for resolving disputes. Unfortunately, Russian system does not always correspond to the realities of the time, so many investors prefer to register companies in countries with the English legal system, which maximally protects the property and interests of investors.

Problems and prospects of regulation of investment activity

Investment activities: the problems of legal regulation are related to the fact that, despite the importance of regulating investment activities, some provisions are still regulated by the legislation of the RSFSR.

While not the most favorable for investors. Non-transparency of procedures, corruption, problems of law enforcement and judicial systems remain a big problem.

The instability of the banking system is also an obstacle to improving the investment climate, as there are great difficulties in obtaining long-term loans at an acceptable rate. Investments in production give a return after many years, and the not very high profitability of production will not allow paying high interest on loans.

In perspective big influence the volume of investments will be influenced by the international political and economic situation. Devaluation Russian currency does not allow in the near future to increase foreign investment, so it is necessary to create attractive conditions for domestic investors and look for new ways of financing.

In recent years, the state began to create priority development zones, technology parks, investment sites, investment funds and agencies that are designed to make it easier for investors to work in the domestic market.

Advice! New forms of investment offered by the state are quite profitable, so do not be lazy, study the information.

Investment law today is not only in the center of attention of society, but also requires a serious study of what has already been achieved, as well as a deep study of new ideas and concepts, the speedy creation in the economic life of the country of the basic conditions for the implementation of a successful investment process, a change in mass psychology and serious mass education in this industries.

Translation free funds and assets in investments is a matter of public confidence in the state, constant investment rules games, debugging an effective mechanism for protecting the rights and interests of mass investors, and a number of other factors, including state regulation of investment activity, on the one hand, as an economic process, and on the other, as a legal one.

In the light of the foregoing, the current interest of society in this problem becomes clear, and as regards its study in the very recent past, it should be noted that domestic investment as such, could not be the subject of study of both economists and lawyers for the simple reason that they did not exist in principle.

It is paradoxical, but true: domestic investment law in the domestic legal scientific and practical sphere until the last moment remains practically unexplored in full. There are very few works on Russian investment law. Especially in light of the fact that domestic legal literature in recent years has been divided into branches and sub-sectors at an unprecedented pace. The latter has its own explanation.

The objective development of domestic jurisprudence pushes specialists, forcing them to keep up with the times, to develop new sub-sectors, complex legal entities, industries, institutions. So, it seems that in the near future we will “catch up and overtake America” in this area. This conclusion was made back in 2006, but it is worth noting that the situation has not fundamentally changed so far. The issue of domestic investment remains open from a legal point of view.

Today state Russian economy characterized by the presence of negative phenomena associated with various factors, including the consequences of the global financial and economic crisis.

However, the Russian state in the medium and long term sets itself and the society strategic tasks, among which are the increase in the efficiency and competitiveness of production, the growth of labor productivity. The task is to stimulate the innovative orientation of the industry, reduce the economy's dependence on raw materials, and achieve the exit of a significant part of the business "from the shadows".

The solution of these tasks is impossible without creating favorable conditions for the development of investment relations, without the formation by the executive and legislative authorities of the legislation regulating this process, taking into account both the positive and negative historical and legal experience of Russia.

Problems of the existing legal regulation of investment relations, shortcomings of the Laws "On investment activity in the Russian Federation, carried out in the form of capital investments" and "On foreign investment in the Russian Federation" of 1999, as well as "On investment activity in the RSFSR" of 1991, as The main sources of regulation of the area of ​​legal relations under consideration have not yet been taken into account and not eliminated, which hinders the solution of the tasks facing the Russian state and society.

Currently, the regulation of budget investment in financial legislation carried out only in the most general terms.

This problem becomes especially acute in connection with the obvious need in recent years to change the development guidelines as soon as possible. national economy with anticipation foreign investment, on the development of economic and legal foundations for domestic investment.

At the same time, it seems that in the context of the ongoing construction of a rule of law state, the effective implementation of existing statements about the need to increase the “social responsibility of business” (at present, unfortunately, they are only declarative and extra-legal in nature) is impossible without a systematic improvement of the existing regulatory framework.

In order to regulate investment activities, the state uses the most accessible and most effective regulator - the law. However Russian legislation unstable, commercial activity encounters many bureaucratic obstacles. In addition, the legal system in Russia does not adequately protect foreign investors, and the laws often do not correspond to each other.

In 2016, in connection with the current situation in the Russian Federation, the President set the task of increasing the level of investment activity of entrepreneurs.

To ensure the protection of entrepreneurs, the Prosecutor General's Office of the Russian Federation organized an audit of the implementation of legislation that ensures the protection of the rights of entrepreneurs in the field of investment activities. During the audit, an assessment will be made of the legality of the implementation by regional state authorities and local self-government bodies of the powers assigned to them on these issues.

The prosecution authorities were tasked with achieving the actual elimination of identified violations of the law and bringing to justice officials who impede doing business and developing investment activities. Entrepreneurs-investors who are faced with administrative barriers may apply to the prosecution authorities for the protection and restoration of their violated rights and legitimate interests.
The conclusion from the above can be called the need for a deep and systematic study of the investment process in general, including for systematizing the entire layer of legislation affecting investments in the Russian Federation, as well as state regulation of investment activities, in particular, since without regulation "from above" this process can turn into chaos even at the first steps of formation.

Prepared information. Balaban Eduard Fedorovich - Head of the Moscow Anti-Corruption Committee at the Moscow Chamber of Commerce and Industry.