«Strategic business company» in the understanding of the Law on Foreign Investments

• Published in: Административное и муниципальное право no. 6; pp. 43 - 59
• Main Author: Milchakova, Olesya Vladimirovna
• Format: Journal Article
• Language: English
• Published: 01.06.2024
• ISSN: 2454-0595; 2454-0595
• DOI: 10.7256/2454-0595.2024.6.72186

The object of the study is the implementation of foreign investments in strategic sectors of the economy, the subject of the study is a «strategic business entity» as an object of investment activity. The author examines aspects of the normative and legal definition of «a business entity of strategic importance for ensuring the defense of the country and the security of the state», the features of the use of this concept in law enforcement. Particular attention is paid to the role of strategic business entities in ensuring the implementation of the National Security Strategy of the Russian Federation. The methodological basis of the study was made up of general logical methods of theoretical analysis, as well as a special formal-legal method and a method of technical-legal analysis. The conclusion is substantiated about the law enforcement agency going beyond the literal interpretation of the regulatory definition of a «strategic business entity» and a new concept of such a company is formulated and understood as «a legal entity created in the Russian Federation, implementing and (or) having the ability to implement, on the basis of a license, other permit document or agreement, any of the types of activities that are of strategic importance for ensuring the defense of the country and the security of the state and the implementation of national priorities provided for by the National Security Strategy of the Russian Federation (including performing work, providing services, delivering products necessary for another legal entity to implement the specified type of activity)». This definition must be provided for in the law in order to ensure legal certainty and create a positive investment climate.