Priority of public interests in the regulation of foreign participationin strategic sectors of the economy

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.