Abstract
Enhancing the attractiveness of the Russian Far East’s investment climate receives considerable attention. For this purpose free economic zones and specific organizational set-ups for development are being created. However, the first results of their functioning give reasons to point to the need to improve processes. By using the method of economic and legal analysis of legal acts, the authors propose solutions to three key problems. The authors clarify the interpretation of the concept of the ‘resident of Advanced Development Territories of the Far East’ by analyzing its constitutive elements ‘registration’ and ‘implementation of activities’, as well as provide options for dealing with problems at law enforcement and law making levels. The study reveals that problems relating to residents’ realization of the right to declare Value Added Tax reimbursement are embedded in the condition of its application, in other words, in the underdevelopment of a guarantee instrument between the bodies of the Federal Tax Service and the management company, as well as in the limited financial capacity of the latter. To assess the effectiveness of protective functions and powers of the management company, the authors analyse the released practice of commercial courts in the Far Eastern Federal District on disputes involving both the residents of the territories with special business regimes and the management company. The authors draw attention to the ineffectiveness of the management company in this direction and recommend undertaking a preliminary (pre-trial) analysis of contentious situations involving residents on the basis of criteria formulated in this paper.
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