CONCEPT, ESSENCE AND LEGAL NATURE OF INVESTMENTS

Abstract

Creating a favorable investment climate is one of the most important tasks of the economy, however, the legal regulation of investment activity in Russia has a number of serious shortcomings. The quality of legislation on investment relations depends on an objective and deep understanding of the legal nature of investments. In this regard, the author seeks to study various approaches to determining the legal nature of investments. The methodological base of the research was based on the methods of formal logic and concrete scientific methods, technical-legal and historical-genetic methods. The author's position is based on the current legislation and the opinions of legal scholars on the legal nature and essence of investments. Based on the analysis of current legislation, the author points out the problem of determining investments in normative acts and in legal science. Various approaches to the concept of «legal nature» and «legal essence» and opinions on the legal nature and essence of investments and investment contracts are outlined. The author's definition of the category «legal nature» is proposed. As a result, the author comes to the conclusion that in order to establish a unified legal and scientific definition of investments, it is necessary to determine their legal essence and legal nature, which in turn requires studying and describing the primary characteristics of investments in the context of economic science at the time of the emergence of this category.