Milchakova O. —
Priority of public interests in the regulation of foreign participation
in strategic sectors of the economy
// Law and Politics. – 2023. – ¹ 6.
– P. 69 - 78.
DOI: 10.7256/2454-0706.2023.6.40910
URL: https://en.e-notabene.ru/lpmag/article_40910.html
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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.
Milchakova O. —
Legal Consequences of Void Transactions on the Acquisition of Strategic Assets by Foreign Persons
// Legal Studies. – 2023. – ¹ 6.
– P. 10 - 19.
DOI: 10.25136/2409-7136.2023.6.40925
URL: https://en.e-notabene.ru/lr/article_40925.html
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Abstract: The article deals with some topical issues of the invalidity of transactions made for the purpose contrary to the foundations of law and order and morality. The author focuses on the consequences of the invalidity of void transactions for the acquisition by foreign investors of the assets of Russian strategic companies. The issues of application as consequences of invalidity of transactions made in violation of the legislation on foreign investments, restitution, collection of shares (shares) of a strategic company, its fixed production assets into state income are considered.
As part of the study, the author substantiates the attribution of transactions for the acquisition of strategic assets by foreign persons in violation of the law to invalid transactions burdened with the defect of the illegality of their content. The conclusion is formulated about the need to comply with an increased standard of proving the invalidity of a void transaction, corresponding to the standards used when appealing against voidable transactions. The author concludes that the measures of state coercion in the form of recovery of shares, fixed production assets of a strategic company acquired in violation of the law, are measures that are adequate and commensurate with the consequences of violation of the legislation on foreign investment in strategic sectors of the economy, which is an integral part of the foundations of the rule of law, and are predetermined by constitutionally significant goals to ensure the defense of the country, the security of citizens, society and the state.
Milchakova O. —
Deprivation of the right to carry out a strategic type of activity as a form of state coercion in case of violation of the legislation on foreign investment
// Administrative and municipal law. – 2023. – ¹ 2.
– P. 119 - 129.
DOI: 10.7256/2454-0595.2023.2.40919
URL: https://en.e-notabene.ru/ammag/article_40919.html
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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.
Milchakova O. —
// Law and Politics. – 2014. – ¹ 10.
– P. 1596 - 1602.
DOI: 10.7256/2454-0706.2014.10.13088
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Milchakova O. —
// Law and Politics. – 2014. – ¹ 10.
– P. 1596 - 1602.
DOI: 10.7256/2454-0706.2014.10.42530
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Milchakova O. —
// Law and Politics. – 2014. – ¹ 5.
– P. 684 - 694.
DOI: 10.7256/2454-0706.2014.5.11851
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Milchakova O. —
// Law and Politics. – 2014. – ¹ 5.
– P. 684 - 694.
DOI: 10.7256/2454-0706.2014.5.42450
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Milchakova O. —
// Administrative and municipal law. – 2014. – ¹ 4.
– P. 367 - 374.
DOI: 10.7256/2454-0595.2014.4.11462
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Milchakova O. —
// Politics and Society. – 2014. – ¹ 4.
– P. 434 - 444.
DOI: 10.7256/2454-0684.2014.4.11726
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Milchakova O. —
// Law and Politics. – 2014. – ¹ 3.
– P. 326 - 336.
DOI: 10.7256/2454-0706.2014.3.11326
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Milchakova O. —
// Law and Politics. – 2014. – ¹ 3.
– P. 326 - 336.
DOI: 10.7256/2454-0706.2014.3.42423
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Milchakova O. —
// Actual problems of Russian law. – 2014. – ¹ 2.
– P. 188 - 194.
DOI: 10.7256/1994-1471.2014.2.10473
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Milchakova O. —
// Law and Politics. – 2014. – ¹ 2.
– P. 171 - 180.
DOI: 10.7256/2454-0706.2014.2.10872
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Milchakova O. —
// Politics and Society. – 2014. – ¹ 2.
– P. 220 - 230.
DOI: 10.7256/2454-0684.2014.2.11019
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Milchakova O. —
// Law and Politics. – 2014. – ¹ 2.
– P. 171 - 180.
DOI: 10.7256/2454-0706.2014.2.42403
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Milchakova O. —
// LEX RUSSICA (Russian Law). – 2014. – ¹ 1.
– P. 98 - 108.
DOI: 10.7256/1729-5920.2014.1.10272
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Milchakova O. —
// Administrative and municipal law. – 2014. – ¹ 1.
– P. 47 - 52.
DOI: 10.7256/2454-0595.2014.1.10517
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Milchakova O. —
// Law and Politics. – 2013. – ¹ 12.
– P. 1694 - 1700.
DOI: 10.7256/2454-0706.2013.12.10382
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Milchakova O. —
// Politics and Society. – 2013. – ¹ 12.
– P. 1528 - 1536.
DOI: 10.7256/2454-0684.2013.12.10446
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Milchakova O. —
// Law and Politics. – 2013. – ¹ 12.
– P. 1694 - 1700.
DOI: 10.7256/2454-0706.2013.12.42381
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Milchakova O. —
// LEX RUSSICA (Russian Law). – 2013. – ¹ 1.
DOI: 10.7256/1729-5920.2013.1.6815
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