Defense of Rights and Interests of Participants of Remote Investment Transactions

Abstract

Introduction. Article is devoted to protection and defense of rights and legitimate interests of participants of remote investment transactions. It is noted that the Federal Law №69-FZ «On Protection and Encouragement of Capital Investments in the Russian Federation» in fact does not regulate any protection of investments but only those based on a special agreement. As for the content of this agreement, proceeding from the provisions of Articles 9-10 of this Federal Law, it also regulates only some particular aspects of protection of investments. Consideration of protection in general by analogy with the institute of judicial protection allows us to conclude that we are talking about a special law-enforcement activity, as a rule, law enforcement and carried out on a procedural basis (exception - self-protection of civil rights) for the purpose of individualized restoration of violated rights and legitimate interests of participants of civil legal relations. It can be represented as a complex system consisting of three levels: general guarantees of protection, provided to all subjects of civil relations at the legislative level; special measures of legal protection, fixed for the participants of investment activity; methods of protection, typical for certain types of investment transactions depending on the type of investment, their scale (intranational or international), forms of commission, etc.Materials and methods. The methodological basis of this study was the methods of scientific cognition, among which the main place is occupied by the methods of consistency, analysis and comparative law.The results of the study. As a result of the analysis, it was revealed that the consideration of protection in general, by analogy with the institute of judicial protection, allows us to conclude that we are talking about a special law enforcement activity, as a rule, law enforcement and carried out on a procedural basis (exception – self-defense of civil rights) for the purpose of individualized restoration of violated rights and legitimate interests of participants in civil legal relations, and as for the protection of rights, unlike protection, it admits a generalized nature and combines all regulatory measures aimed at ensuring the relevant rights and interests.Discussion and conclusion. The prerequisites of the peculiarities of protecting the rights and interests of participants in remote investment transactions are revealed, which are primarily due to the form of their commission, which affects the content and generates some relatively new legal effects; their main advantages and disadvantages are analyzed. It is concluded that the main problem of protecting the rights and interests of participants in remote investment transactions is the ratio of traditional and innovative legal instruments of such protection, as well as a combination of general legal guarantees and special ones characteristic of investment relations of this type.