Foreign investments in the Russian Federation during the period of sanctions: restrictions imposed and their correlation with the rights of foreign investors

N. N. Viktorova
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Abstract

The article analyzes the problem of the correlation between the restrictive measures introduced by Russia against foreign investors, as a response to sanctions from unfriendly foreign states, and the guarantees for foreign investors, provided for by treaties for the promotion and reciprocal protection of investments. After that many foreign investors stopped or suspended their activities in Russia. To protect the national interests of Russia and ensure the stability of its economy, restrictive measures have been introduced against foreign investors: a ban to transfer assets from Russia abroad, a special procedure to carry out transactions with foreign persons from unfriendly states. A bill on external administration has been passed. According to foreign experts, such measures can be understood as violation of international investment treaties, and may affect companies, whose investments in Russia can be expropriated without compensation, the investors may get protection under these treaties. Russia introduced the above restrictions in response to the sanctions of unfriendly countries against our country and the departure of foreign investors, in order to maintain stability in the economic sphere, in order to ensure the security of the state. The author concludes that such restrictions based on the doctrine of reasonable state regulation are legitimate, since the state is forced to protect the national economy.
制裁期间在俄罗斯联邦的外国投资:实施的限制及其与外国投资者权利的相关性
文章分析了俄罗斯为应对不友好外国的制裁而对外国投资者采取的限制措施与促进和相互保护投资条约规定的外国投资者保障之间的关联问题。此后,许多外国投资者停止或中止了在俄罗斯的活动。为了保护俄罗斯的国家利益,确保俄罗斯经济的稳定,俄罗斯对外国投资者采取了限制措施:禁止从俄罗斯向国外转移资产,与来自不友好国家的外国人进行交易的特殊程序。还通过了一项关于对外管理的法案。据外国专家称,这些措施可以被理解为违反国际投资条约,可能会影响到公司,这些公司在俄罗斯的投资可能会被无偿征用,而投资者可能会得到这些条约的保护。俄罗斯采取上述限制措施是为了应对不友好国家对我国的制裁和外国投资者的撤离,以维护经济领域的稳定,确保国家安全。作者的结论是,基于国家合理调控理论的此类限制是合法的,因为国家不得不保护国民经济。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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