CERTAIN ISSUES OF LEGAL REGULATION OF CORPORATE FORMS OF FOREIGN INVESTMENT

Abstract

Problem statement. The issue of attracting foreign investment is becoming increasingly urgent due to the need for a constant supply of resources to the country’s economy. At the same time, the growth of the share of foreign capital in economic sectors, which is not mediated by proper legal regulation, can be a real and potential threat to the national security of Ukraine, in particular, in the economic sphere there is a danger for the economic independence of Ukraine.

Analysis of recent research and publications. Such scientists as O. R. Kibenko, I. V. Spasibo-Fateeva, O. M. Vinnik, Yu. E. Atamanova, A.V. Sklepova, L. M. Zima, V. V. Ryabinina, O. G. Khrimli and others pay attention to the study of the issues of implementation of investment activity in the corporate form and the form of joint investment.

The purpose of this article is to analyze the current legislation of Ukraine, as well as international experience on the subject of the existing system of prohibitions and restrictions in the corporate form of foreign investment through the prism of public and private interests.

Presentation of the basic material. In this article the author analyzes the peculiarities of participation of foreign element in the corporate form of investment. In particular, there are a number of restrictions and prohibitions on the participation of foreign entities in corporate investment as a means of state regulation of economic activity and ensuring national security. On the basis of the latter, a comparative analysis with international experience is carried out. As a result, the problems of legal regulation of participation of a foreign element in corporate investment are highlighted, the need to make changes and additions to the domestic legislation considering the experience of foreign countries is noted.

Conclusions. Thus, the lack of proper settlement of the above problematic issues creates a real threat to the economy and security of the state by alienating foreign legal entities or individuals a significant part of the corporate rights of enterprises of strategic industries, causes the outflow to offshore zones of profits from the activities of such enterprises and the strengthening of the shadow economy, is a trigger event for the destruction of the national market, the increase in raiding and unfair absorption of companies.