Field Of Economic Activity Research Articles

Digital Currency and Novelties in the Criminal Code of the Russian Federation: Topical Issues

Introduction: the article analyzes the concept and legal nature of digital currency and certainnoveltiesrelated to digital currency, which were put forward in the last few years so as to be introduced in the Criminal Code of the Russian Federation. Aims: to study and summarize legislative initiatives related to digital currency; to define the concept and essence of digital currency; to establish its place in the civil rights system; to analyze the possibility of recognizing digital currency as an object and (or) a means of committing crimes. Methods: historical, comparative-legal, empirical methods of description and interpretation; theoretical methods of formal and dialectical logic; legal-dogmatic method, and interpretation of legal norms. Results: having analyzed the development of Russian legislation regulating the legal status of new digital objects of economic relations we see that the features that make up the general concept of digital currency do not allow us to determine the range of objects that fit this legislative definition; moreover, these features do not allow us to define digital currency as an object of civil rights and identify which operations and transactions with it are legal. Due to the above, it is impossible to establish criminal liability for committing acts involving digital currency. Conclusions: we have revealed certain tendencies toward legalization of digital currency on the one hand, and prevention of its use for payment for goods and services, including the imposition of criminal-legal prohibitions, on the other hand. The concept of digital currency needs to be revised: its definition should not contain a reference to the operator and the nodes of the information system. The most correct solution seems to be the introduction of the concept of cryptocurrency to denote a decentralized means of expressing value; as for digital currency, it should be understood as centralized funds, for example the digital ruble. Digital currency must be recognized as an object of civil rights, being classified as other property. This will help to minimize the difficulties in recognizing it as a subject or means of crime and introduce socially determined prohibitions into the criminal law. Keywords: digital currency; digital rights; cryptocurrency; amendments to the Criminal Code of the Russian Federation; novelties in the Criminal Code of the Russian Federation; crimes against property; crimes in the field of economic activity; theft

The main aspects of foreign experience of state regulation of the market for the provision of services for the collection of funds and transportation of currency valuables

The main aspects of foreign experience of state regulation of the market for the provision of services for the collection of funds and transportation of currency valuables

Стратегическое планирование как механизм снижения неопределенности в экономической деятельности предприятий

The essence of the category "uncertainty" in the field of economic activity is revealed, a mechanism for reducing uncertainty in the work of industrial enterprises is proposed. English version of the article is available at URL: https://panor.ru/articles/strategic-planning-as-a-mechanism-for-reducing-uncertainty-in-enterprise-economic-activities/65694.html

ОБ’ЄКТ КРИМІНАЛЬНОГО ПРАВОПОРУШЕННЯ ЩОДО НЕЦІЛЬОВОГО ВИКОРИСТАННЯ БЮДЖЕТНИХ КОШТІВ, ЗДІЙСНЕННЯ ВИДАТКІВ БЮДЖЕТУ ЧИ НАДАННЯ КРЕДИТІВ ІЗ БЮДЖЕТУ БЕЗ УСТАНОВЛЕНИХ БЮДЖЕТНИХ ПРИЗНАЧЕНЬ АБО З ЇХ ПЕРЕВИЩЕННЯМ

Здійснено спробу визначення об’єкта кримінального правопорушення щодо нецільового використання бюджетних коштів, здійснення видатків бюджету чи надання кредитів із бюджету без установлених бюджетних призначень або з їх перевищенням, на підставі аналізу наукових поглядів, теоретичних положень та законодавства з цієї проблеми. З урахуванням того, що кримінальні правопорушення, передбачені ст.ст. 210, 211 Кримінального кодексу України (КК), посягають на бюджетну систему України, зокрема на відносини, що виникають у процесі виконання бюджетів, а ці відносини не належать до господарських, і діяльність у цій сфері не є господарською, видається доцільним змінити чинну назву розділу VII «Кримінальні правопорушення у сфері господарської діяльності» Особливої частини КК, що містить указані статті, на таку: «Кримінальні правопорушення у сфері господарської діяльності та бюджетної системи». Основним безпосереднім об’єктом кримінального правопорушення, передбаченого ст. 210 КК, є суспільні відносини, що виникають у процесі виконання державного та місцевих бюджетів у частині використання бюджетних коштів для забезпечення завдань і функцій, що здійснюються органами державної влади, органами влади Автономної Республіки Крим, органами місцевого самоврядування протягом бюджетного періоду.

ON THE COMPETENCE OF THE BUREAU OF ECONOMIC SECURITY OF UKRAINE AS A SUBJECT TO THE PREVENTION OF CRIMINAL OFFENSES IN THE FIELD OF ECONOMIC ACTIVITY

The article is devoted to the coverage of one of the current problems of criminology, as a matter of activity of the Bureau of Economic Security of Ukraine as a subject of prevention of criminal offenses in the sphere of economic activity. The presence of the Ukrainian state in the process of substantial reform, conditioned not least by the regional and global policy of transformation of modern society in the broadest sense of the word, puts on the agenda many tasks. The defining vector of this process is, without a doubt, the further development of public relations, which, however, is impossible without solving such a key task as comprehensive security and law and order. One of the links of this provision is the creation and functioning of the Bureau of Economic Security of Ukraine in the system of public authorities, as the main subject of prevention of criminal offenses in the field of economic activity. It is established that avoiding duplication of powers of law enforcement agencies to investigate financial crimes is one of the key goals of the Bureau of Economic Security of Ukraine. The draft law stipulates that from the moment of adoption of the resolution of the Cabinet of Ministers of Ukraine on the commencement of the Bureau’s work, all criminal proceedings on crimes within the Bureau’s jurisdiction must be transferred to it from other law enforcement agencies within two months. Since the entry into force of the law on the Bureau of Economic Security of Ukraine, it is prohibited to open new operational and investigative cases by operational units of the tax police. In our opinion, this will improve the protection of business and investment, as it will eventually lead to the final liquidation of the tax police, as well as economic units in other law enforcement agencies. Another positive innovation that should protect businesses from arbitrary interference by law enforcement is the need for a document of violation of tax legislation recorded in the act of documentary verification for inclusion in the Unified Register of pre-trial investigations of criminal proceedings under Articles 212 (Tax Evasion) and 212-1 from the payment of a single social contribution) of the Criminal Code of Ukraine. Among the positive innovations is also the creation of the Public Oversight Board of the Bureau. This will make the Bureau’s activities public and thus reduce the risks of detective misconduct. It is proved that the creation of the Bureau of Economic Security of Ukraine is designed to solve the problem of duplication of functions of bodies that fight criminal offenses in the field of economic activity, as well as to avoid conflicts of their professional interests; The introduction of this body can help businesses in Ukraine, in particular, to avoid additional pressure from numerous inspections of bodies that monitor their activities, and often cannot determine the limits of their powers.

Protection of the Rights and Legitimate Interests of Entrepreneurs in Cases of Crimes in the Sphere of Economic Activity

The article examines the problematic issues of applying measures to protect the rights and legitimate interests of entrepreneurs in cases of crimes in the field of economic activity. The material-legal and criminal-procedural mechanisms used in the course of proceedings in this category of cases are examined. Special attention is paid to the analysis of the legal positions of the Supreme Court of the Russian Federation, reflected in the decisions of the Plenum of November 15, 2016 № 48 and October 3, 2017 № 33. The purpose of this study is to identify the most acceptable areas of activity of judicial and law enforcement agencies to protect the rights and legitimate interests of entrepreneurs involved in criminal proceedings. The objectives of the study are: a) to determine the specifics of criminal and criminal procedure legislation containing humane mechanisms for the category of cases under consideration; b) to highlight the positions of scientists who conduct research in this field of activity; с) substantiation of recommendations for the further development of criminal policy in the direction of liberalizing the current structure of crimes in conjunction with the improvement of criminal procedural forms of criminal proceedings. The methodological basis of the research was the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods. Promising ways of development of criminal policy in the field of formation of legislation that allows the most effective protection of the rights and legitimate interests of entrepreneurs are proposed. The conclusion is made about the need for further scientific study of the system of material-legal and criminal-procedural mechanisms used in the proceedings on crimes committed in the sphere of business and other economic activities.

Framework Agreement as a Regulator of Economic Relations, Business and Financial Activities

Very It seems relevant to consider a framework agreement on the implementation of economic activity, business and financial activities due to two circumstances: 1) framework agreements are most widespread in the sphere of economics, since it is the persons engaged in entrepreneurial activity who most of all need long-term planning of their economic interests and the distribution of financial resources; 2) certain types of framework agreements, named in the Civil Code of the Russian Federation, are most widespread in the economy and the sphere of finance, digital technologies, that is, they are most often used in doing business. Purpose of research: the study of organizational relations developing in the field of economic activity, the definition of the problems of framework agreements both in doctrinal and legislative and law enforcement aspects in the field of economic and financial relations, as well as the development of proposals for improving legislation in this area. Methods: The methodological basis is general scientific methods of cognition of legal phenomena, such as synthesis, the method of analogy, formal logic and others, as well as private scientific research methods. problems of framework agreements applied in the field of economic activity. Results and novelty: Conclusions are formulated on the essential conditions of the framework agreement and practical recommendations are provided for the conclusion of such agreements as regulators of economic and financial activities. The place of framework agreements in the implementation of certain types of economic and entrepreneurial activities, such as banking and insurance activities, is analysed.

ФОРМАЛЬНЫЕ И ОЦЕНОЧНЫЕ ПРИЗНАКИ СОСТАВОВ ПРЕСТУПЛЕНИЙ, СОВЕРШАЕМЫХ В СФЕРЕ ЭКОНОМИЧЕСКОЙ ДЕЯТЕЛЬНОСТИ

In the article, the author consider the theoretical positions on the rules for the qualification of crimes in the field of economic activity. The author consider the judicial practice in criminal cases and formulates conclusions about the characteristics of the elements (signs) of corpus delicti (see also – delicti) set out in the dispositions of articles of Chapter 22 of the Criminal code of the Russian Federation. One of the objectives of the article is to consider formal and informal elements as content (context) delicti. At the same time, the author note that the formality or informality of signs (context) delicti has no legal significance. This conclusion follows from the provision that all the signs described in the norm of the Special part of the Criminal code of the Russian Federa-tion are legally mandatory. It is important to differentiate between elements of crimes in order to qualify crimes, especially those committed in the sphere of economic activity. The author notes that the dispositions of articles of the Special part of the Criminal code of the Russian Federation can combine elements of blankness, descriptive and evaluative. The author notes the accessory nature of criminal law from positive (regulatory) legal regulations, and the absence of concentration of legal sources. The author emphasized that the norms of the Special part of Criminal law contain two parts. The first part contains a description of the object of the crime, which the offender attempt on. Such an object is represented in the form of a legal order established by the norms of regulatory legislation. The author considers the fact of attempt on this law and order as event (hypothesis) of criminal liability. Clarification of this hypothesis take place in the process of qualifying crimes (in the sphere of criminal law application). Together, these parts of the disposition of the criminal law norm form a common whole, which indicate the legislator's idea of a criminal law prohibition. The article emphasizes the intersectoral nature of the institution of formulating grounds for criminal liability for crimes in the sphere of economic activity. The author identifies the types of evaluation signs delicti of economic crimes: quantitative (size), qualitative (can not be measured by cost) and cumulative. The author comes to the conclusion that it is expedient to further study the concept, types and role of evaluative signs of crimes. The role of evaluation signs is stated in the formulation of criminal law prohibitions. The author makes the following conclusions for the readers' discussion: the formulation of signs of crimes in the sphere of economic activity is based on the blank dispositions of the corresponding articles; a separate type of such description of the disposition is administrative prejudice; this administrative prejudice relates the grounds for criminal liability of a person for the act with his previous administrative penalty; assessment signs of the crime is determined not only by the normative legal act, judicial practice, but also in the process of qualification of a crime is determined by the consciousness of a person when it examines the being of the case.

Features of the search for persons suspected (accused) of committing economic crimes

The article examines the issues related to the construction of typical intelligence cases arising in the search activity, in its narrow sense, by which the authors mean the search for known persons hiding from responsibility for the crimes committed. By identifying typical intelligence cases in investigative work, and ways to resolve them, operational officers would be able to more successfully solve intelligence tasks to find hiding persons. The methodology was made up of a universal dialectical method of cognition and a method of modeling. The authors proposed to single out a typical intelligence case arising in the search for a suspect (accused) of committing a crime in the field of economic activity. Based on the results of the study of cases of criminal records, typical features have been identified that are manifested in situations of the search for persons who have committed economic crimes. Based on those a typical intelligence case has been determined. An algorithm for the actions of operational officers is proposed, which contributes to a more effective search for suspects (accused) of economic crimes. The algorithm provides for various types of activities and practical recommendations for actions at various stages of the search.

Understanding the Bases of Entrepreneurship in Kimbanguist Church

The specialized literature offers relevant support for the idea that the entrepreneurship and the private initiative represent the foundation of the economic growth. Despite this evidence, researchers have long established a relationship between religion and entrepreneurship; however, how specific religious beliefs play a role in this relationship remains unknown. Therefore, this study explores the kind of teachings (spiritual message) that kimbanguist church uses to inculcate entrepreneurial intention among 17 million of believers. The research is based on a review of pertinent literature in the field of economic activities, church entrepreneurship and face to face interviews at nkamba new Jerusalem during the three key dates in the Kimbanguist calendar. It proposes to politics to work together with religion (church), to draw inspiration from its lessons in order to boost entrepreneurship and hence the economy.

Convergence of Neuromarketing Technologies in Modern Conditions of Economic Development

During periods of socio-economic, innovative-ecological and political transformations, the social system may not perform its functions, which will lead to a disruption of the sustainable of public life. The economy of transformation is a part of the societal system that contributes to the change of the client himself and his needs and demands. These processes are manifested in ignoring generally recognized economic and environmental values, political, ideological, cultural and moral. The development of technologies in the past was usually determined over long periods by some one discovery or progress in one area, today with the development of digitalization, the universal introduction of information technologies in various spheres of life: services, production and economic activities, education, culture, etc. etc., there is a convergence of economics, management and marketing in a short time frame. This phenomenon is caused by the rapid development of information and communication technologies, microelectronics, microbiology, simulations, nanomanipulations, “strong” artificial intelligence in most countries of the world. We believe that the convergence of information technology, biotechnology, nanotechnology and cognitive science is especially significant. And in such modern convergent conditions, neuromarketing technologies are rapidly developing at a new level. The development and application of neuromarketing technologies deserve study so that there is no further ethical "shock" and coercion to buy at an unconscious level. Such technologies were used earlier in various fields of economic activity, in psychology and in solving other issues. Neuromarketing technologies are changing ideas about the environment: nature, man, mind. It is difficult to describe the results of such transformation processes, where all aspects of human life are subject to change.

Прокурор в арбитраже: исторический аспект

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.

Scrap metal procurement and operations with it: today’s criminal situation

Purpose. Based on the analysis of official statistics available from the Prosecutor Generals Office of Ukraine on recorded criminal offenses provided for by Art. 213 of the Criminal Code of Ukraine, to determine the practical experience of combating crime in the field of economic activities and issue-specific literature on incidence of the criminal offenses under study up to date, trends of their discovery, and causes and conditions which are conducive to such crimes. Methodology. A system of general scientific and special methods which enabled an objective analysis of the issue under study, in particular, sociological, comparative legal, statistical analysis, logical normative, formal logical and content analysis of documents. Findings. The findings are presented as calculated data of quantitative indicators of the dynamics in the discovery of the criminal offenses under Art. 213 of the Criminal Code of Ukraine in the period of 20142020, and also as a list of the main determinants of these offenses and the criminal situation related thereto. Originality. The article proposes a number of new scientific provisions and proposals, namely, establishes the current criminal situation in the field of scrap metal procurement and operations with it in Ukraine, determines the trends of changes in it, and the major causes and conditions conducive to the criminal offenses under Art. 213 of the Criminal Code of Ukraine. Practical value. The scientific provisions formulated and presented in this article contain specific data which are important in the general theoretical as well as in the practical sense, and also provide the ground for increasing the efficiency of law enforcement and may be used to organize the detection and investigation of violations in the procedure of scrap metal procurement and operations with it.

Problems of Qualification of Crimes in the Sphere of Economic Activity in Modern Conditions

The article deals with the issues related to the qualification of crimes in the field of economic activity in modern conditions. The authors analyze the problems of delineation of offenses and crimes in the sphere of economic activity, as well as the application of civil law norms and terms in the qualification of crimes of this category.

On the Need to Include in the System of Penalties Confiscation of Property for Embezzlement, Corruption, Tax and Other Crimes in the Field of Economic Activity

Рассмотрены понятие и признаки конфискации имущества лиц, совершивших преступления в сфере экономической деятельности, аргументирована необходимость включения конфискации имущества в качестве вида наказания в УК РФ.

Формування та використання трудового потенціалу Донецького економічного району

The article examines the theoretical aspects of the formation and application of labor potential on the basis of the elaboration of modern sources of scientific literature and official statistical data. The analysis of the main parameters of labor potential of Donetsk economic region is carried out and its features and dynamics are revealed. An assessment of the general demographic situation of Donetsk and Luhansk regions, which is marked by declining birth rates, aging, depopulation and migration. The migration of the population in the region has a significant impact on the formation of labor potential, which prompted the analysis of the migration movement of the population (interregional, interstate and migrating abroad). As part of the two oblasts is temporarily occupied, the research was conducted using the statistics on the territories of Donetsk and Luhansk oblasts controlled by Ukraine. For a more complete picture of the impact of the current situation on people's desire to leave the region, data for the same period in Sumy region were given, as it also borders the Kharkiv region of Ukraine and the regions of the Russian Federation, as well as the two regions we studied. Since the formation of labor potential in the region is influenced by its reproduction, the birth rate analysis was also conducted. The application of labor potential in the field of economic activity is directly related to the level of economic activity of the population and the level of its employment, so their dynamics in the studied region over the past five years is analyzed. The necessity of effective application of labor potential, its qualitative component is substantiated, namely: first of all, it is necessary to improve the structure of employment and optimize the structure of jobs, to improve target programs in terms of their impact on employment conditions in industries and regions.

ENVIRONMENTAL MANAGEMENT IN DEVELOPMENT PROJECTS MINING INDUSTRY

Introduction. In the industrial regions of Ukraine, the structure of nature formed over a long period without objective laws of development and recovery of natural resource systems and ecosystems. All natural ecosystems (atmosphere, hydrosphere, lithosphere and biosphere) have undergone forceful anthropogenic pressure. Chemical, radioactive and other pollution of the natural environment causes various, often incurable diseases, irreversible changes in the genetic structure of cells, which leads to an increase in the birth rate of defective generations. A special place in this context takes ecological safety in mining complexes. Mining complexes interrelated processes of human impact on the environment to provide raw materials and energy resources of various fields of economic activity. In a broad sense, the resource means as sources of matter and space - the environment of their location and life.Purpose. The purpose of the work is to highlight the importance of environmental safety management in mining complexes and areas for improvement.Methods. We used the methods of theoretical research to improve environmental safety in the mining complexes.Results. Based on theoretical research and improving environmental safety in mining complexes, the following measures are needed: control over the environment, reproduction and protection of its resources, improvement of natural living conditions, improvement of mining complexes as an environmental safety management system.Following environmental principles, it is necessary to manage the environment safety of mining complexes with the involvement of existing tools and methods of environmental analysis, as environment safety of this activity is of great importance for all areas of the environment. It is a question of studying of the zones of technogenic influence which are forming around dumps of mine breeds, and maintenance of physical, chemical stability of mining wastes. Management of ecological safety in mining areas will allow excluding the occurrence of the ecological-extreme situation after completion of the operation of coal deposits and during the future use of the disturbing territories. Stimulating self-education and ecological education, practical activity is at the same time a kind of generator in the process of developing beliefs in the main direction of the knowledge of conscious and responsible attitude to nature, ecological consciousness.Conclusion. Reasonable measures must regulate the impact of mining complexes on the environment. That means the monitoring of the state of the environment in mining areas; assessment of the threat of environmental hazards; prevention of complication of the ecological situation of the mining area (reclamation, phytomeliorative measures of heaps); development (implementation) of appropriate programs aimed at reducing environmental hazards.

Concept and Types of Administrative Restrictions within Legal Regulation of Economic Activity

The article is focused on studying the concept of administrative restrictions used by state-authorized agencies in the process of regulating economic activity. Based on the analysis of scientific sources and the practice of legal regulation of economic activity, it has been emphasized that the category of “administrative restrictions” in modern legal science is mainly used to denote the result of relations related to the offense. It has been concluded that such an approach is controversial, and the approach when administrative restrictions are studied through the category of “coordination” is more appropriate. State-authorized agencies in order to ensure the public interest use a large number of administrative restrictions in the field of economic activity, which are formulated as individual (subjective) measures of administrative and legal nature defined by regulatory acts and aimed at coordinating the behavior and actions of the addressee in the sphere of economic activity within the appropriate limits that are introduced in order to ensure the public interest. In the course of the research the author has distinguished the features of administrative restrictions used in the legal regulation of economic activity, which include the following: 1) they are objectified in the legal norms contained in the normative legal acts regulating economic activity and having a restrictive nature; 2) they coordinate the activity of economic entities, defining the boundaries, the degree of freedom of choice of their actions; 3) the subject of application is a state-authorized agency in the field of regulation of economic activity, and the addressee is an individual or a legal entity – business entities; 4) the purpose of application is to bring the behavior of the subject in accordance with a certain standard of economic activity; 5) they have mandatory nature and are provided by state coercion.
 Based on the analysis of the practice of applying administrative restrictions in the field of economic activity, it has been concluded that they can be classified depending on the sphere of economic activity, object of influence, sphere of use, type of normative act containing administrative restrictions and content of administrative restrictions.

Criminological characteristics of the manifestations of the shadow economy

The article analyzes the features of the criminological characteristics of the manifestations of the shadow economy. The essence of the concept of “shadow economy” and its characteristic are investigated. As a result, it turned out that the shadow economy is one of the biggest obstacles to the development of the country's competitiveness, the growth of social standards of living of the population and integration into the European community. It is a reflection of the active criminalization of economic processes, the high corruption of state authorities and the low legal and tax culture of legal entities and individuals. The study found that the shadow economy gives rise to economic crime, which is harming the economic interests of the state and citizens protected by law, through theft, economic and mercenary official crimes. Statistical data of the General Prosecutor's Office of Ukraine for recent years are analyzed. Based on the results, it is established that a tendency towards an increase in the severity of economic crimes is observed in the country. Analysis of crimes in the field of economic activity (by types of economic crimes) indicates an increase in tax evasion, misuse of budget funds, etc. So, criminological studies indicate the growing urgency of economic crime in the country. Criminological theory is investigated, persons who commit economic crimes, their relationship between men and women and areas of professional activity are examined and characterized. According to the results of the study, it was found that in the structure of economic crimes, a third are attacks against property, and almost half are criminal acts using official powers. The urgent issue is the prevention of economic crimes, effective and more specific are criminological preventive measures, which include the performance by the relevant authorities of inspections for the implementation of commodity-money transactions by business entities, it is advisable to use budgetary funds, legally conduct operational search activities in in order to counter the legalization (laundering) of proceeds from crime, and more. Only with strict observance of all procedural rules and the rule of law, is it possible to overcome the country's shadow economy.

Non-Compensable Regulation versus Regulatory Expropriation: Are Climate Change Regulations Compensable?

Abstract The global threat posed by climate change calls for increased governmental regulation in various fields of economic activity. New regulations, especially in the carbon-intensive industries, will likely interfere with economic interests and acquired rights of foreign investors. One of the main questions that investment treaty tribunals will have to answer in this context is whether, and to what extent, such regulations should be accompanied by compensation. Investment treaty jurisprudence has yet to come up with comprehensive criteria for distinguishing compensable regulatory expropriation from non-compensable exercise of regulatory powers. This uncertainty is particularly evident from recent cases dealing with issues, such as plain packaging for tobacco, nuclear energy phase-out and solar energy tariffs. The absence of specific criteria causes concern among States, investors and other stakeholders, and contributes to the ongoing backlash against the investor–State dispute settlement system. This article suggests drawing the borderline between non-compensable regulation and regulatory expropriation in reference to inherent limits of property rights that underlie foreign investments. Although the State owes compensation to an investor whose property rights are dispossessed by an increased regulation, it is uncontroversial that property rights are themselves limited by the rights of others. The precise limits change over time, in light of new circumstances and available scientific evidence. Prudent investors, especially those active in hazardous industries, assume the risk of such changes as part of their business risk. A regulation that does no more than to clarify the inherent limits of the investor’s rights in light of newly emerging circumstances does not constitute an interference with such rights and does not therefore qualify as expropriation. Under this approach, bona fide regulations that aim to tackle the emerging threats posed by climate change do not engender a right to compensation.