Open AccessConcretization or broader interpretation of the law? (New approaches to state regulation of foreign investment in strategic sectors of the economy)
Author(s) -
И. В. Акимова,
K. B. Simakova,
A. A. Anpilogov
Publication year - 2020
Publication title -
rossijskoe konkurentnoe pravo i èkonomika
Language(s) - English
Resource type - Journals
ISSN - 2542-0259
DOI - 10.32686/2542-0259-2020-2-90-94
Subject(s) - legislation , interpretation (philosophy) , state (computer science) , control (management) , database transaction , foreign direct investment , business , investment (military) , industrial organization , law and economics , law , economics , management , political science , politics , computer science , algorithm , programming language
The article explores the new approaches of the Federal Antimonopoly Service to the application of certain provisions of the law on the control of foreign investment in business entities of strategic importance. The question of the correlation of the concepts of “control” and “the possibility of blocking decisions” was examined, as well as the problems of legal uncertainty re mandatory preliminary approval of a transaction in which a foreign investor plans to purchase shares of a business entity that is related to the strategic type of activity. The authors concluded that it is necessary and advisable to classify a business company as strategic based on legislation by its implementation of a type of activity that is adjacent to strategic.