Protection of the rights of entrepreneurs in the field of investment prosecutor's office. Investment legislation. Methods of state regulation of investments

As a manuscript

TROFIMOV

Vladimir Alexandrovich

PROSECUTOR'S SUPERVISION OVER EXECUTION

LEGISLATION ON INVESTMENT ACTIVITIES

Specialty:

12.00.11 - judicial power, prosecutor's supervision,

organization of law enforcement

Dissertation for the degree of candidate of legal sciences

Moscow - 2012

The work was performed at the Department of Criminal Law and Special Disciplines of the NNOU VPO "Moscow Humanitarian University"

doctor of Law, Professor,

supervisor - Honored Lawyer Russian Federation Vinokurov Yuri Evgenievich Doctor of Law, Professor

Official opponents: Grigoriev Viktor Nikolaevich, Head of the Department of Criminal Law, Criminal Procedure and Criminalistics, NOU VPO "Moscow Psychological and Social Institute"

candidate of Law, Associate Professor Ashitkova Tatyana Vasilievna, Leading Researcher of the Department of Prosecutor's Supervision and Strengthening the Law in the Sphere of Constitutional Rights and Freedoms of Man and Citizen of the Research Institute of the Federal State Educational Institution of Higher Professional Education "Academy of the General Prosecutor's Office of the Russian Federation Federal State Budgetary Educational Institution of Higher Professional Education" Nizhegorodsky

Leading organization – state University named after N.I. Lobachevsky "

The defense of the dissertation will take place on May 10, 2012 at 4 pm at a meeting of the dissertation council D 521.004.06 at the NNOU VPO “Moscow University for the Humanities” at the address: 111395, Moscow, st.

Youth, 5/1, educational building number 3, room. 511.

The thesis can be found in the library of the NNOU VPO "Moscow University for the Humanities".

Scientific secretary of the dissertation council, candidate of legal sciences, associate professor E.V. Belousova

GENERAL DESCRIPTION OF WORK

Relevance research topics. Global economic transformationtaking place in Russia, the process of formation and development of market structures make it necessary to coordinate the role of the state in the economy. Determination of guidelines and prospects for the development of society, ensuring sustainable rates of economic growth is possible only on the basis of a serious renewal of the forms and methods of state influence on economic processes. As the practice of developing market relations shows, the functioning of the country's economic complex is unthinkable without investments that ensure the continuity of reproduction, the development and implementation of industrial and innovative, social programs and projects that allow increasing production volumes, carrying out its structural restructuring, increasing the technical level and efficiency, and most importantly - improve the quality of life of the population.

Investment activity is a process that affects the interests of not only the state, but also all strata of society, private companies and individuals. In this regard, the state should correlate the interests of society, determined by its well-being, with the interests of entrepreneurial activity, regulating these activities, seeking, inter alia, to streamline investment flows in order to create a favorable investment climate. To perform the function of regulating public relations, the state uses both economic and administrative methods of influencing investment activities through the adoption (publication) and amendment of relevant laws and by-laws, as well as through the implementation of investment policycorresponding to the national interests of Russia. One of these administrative and legal levers of influence is the activities of prosecutors aimed at ensuring accurate and uniform implementation of legislation on investment activities.

The practice of prosecutorial supervision shows that the state of legality in this area does not meet the requirements.

Violations of the rights and legitimate interests of subjects of investment legal relations concern almost all areas of this activity. In particular, there are non-isolated cases of adoption (publication) by regional government bodies and local government bodies of illegal legal acts that infringe on the rights of participants in investment activities or concerning illegal interference in their work. Violations of investment legislation are allowed by state bodies and officials with control and auditing powers. In the process of exercising their powers, there is often a lack of transparency in the verification and other activities. There are facts of the creation of various administrative barriers when investors exercise their rights (including through the establishment of procedures and prohibitions not provided for by the legislation, unjustified fees and payments), restriction of competition and the unreasonable granting of preferences and privileges to individuals, the reclamation of unnecessary documents, red tape when considering applications ... Abuse is also common officials official powers and corruption.

At the same time, subjects of investment activities do not always comply with the norms and standards established by law. So, some of them neglect the examination. investment projects, i.e.

submitted project, industry or investment program. There are numerous facts of misappropriation of investment funds, even their theft, additions to the volume of work performed, poor quality of their performance and other violations.

The unfavorable state of legality in the investment sphere makes it necessary to activate and increase the efficiency of prosecutorial supervision over the observance of the rights and legitimate interests of its subjects. Meanwhile, inspections of the implementation of investment legislation carried out by prosecutors are not always of high quality, as a result of which individual violations remain unrevealed, circumstances conducive to violations are often not established, and the prosecutor's response to violations is not always adequate to the public danger of these violations.

At the same time, there are reserves for improving the prosecutor's supervision over the implementation of legislation on investment activities, increasing its efficiency. Prosecutors can achieve the best results by eliminating mistakes and improving, intensifying supervisory activities, applying new forms and methods of supervisory activities recommended by science and tested in practice. At the same time, they are especially in demand theoretical developments, scientifically grounded recommendations aimed at improving prosecutorial supervision in this area.

dissertation research.

The degree of scientific elaboration of the research topic. The problems of organizing and exercising prosecutorial supervision over the implementation of legislation in various fields of activity have been repeatedly considered in the scientific works of Russian scientists. Among them A.I.

Alekseev and V.I. Baskov, S.G. Berezovskaya, A.D. Berenzon, V.G. Bessarabov, A.D. Boykov, G.I. Brovin, K. D. Burmistrov, I.S. Viktorov, Yu.E. Vinokurov, A. Yu. Vinokurov, K. Yu. Vinokurov, V.V. Gavrilov, S.I. Gerasimov, V.G. Daev, T.N. Dobrovolskaya, V.K. Zvirbul, A.Kh. Kazarina, A.B. Karlin, A.F.

Kozusev, Yu.A. Kalenov, I. Ya. Cleaver, D.V. Krechetov, V.G. Lebedinsky, A.A.

Levy, V.D. Lomovsky, M.N. Margunov, V.G. Melkumov, L.A. Nikolaeva, M. Yu. Raginsky, V.I. Rokhlin, V.P. Ryabtsev, V.M. Savitsky, K.F. Skvortsov, Yu.I. Skuratov, A.F. Smirnov, A.B. Soloviev, B.M. Spiridonov, A. Ya.

Sukharev, V.N. Osipkin, V.S. Tadevosyan, M.E. Tokareva, A.A. Chuvilev, V.I.

Shind, V.B. Yastrebov and others.

investment projects were paid attention in their works by such theoreticians and economists as T.V. Andreeva, V.D. Andrianov, A.G. Afonin, I. T. Balabanov, E.V. Balatsky, V.S. Bard, N.A. Blank, A.V. Buzgalin, B.P.

Plyshevsky, V.V. Radaev, E.A. Utkin, A.B. Feldman and others.

In Russian legal science, the study of various aspects of investment is devoted to the research of M.M. Boguslavsky, A.G. Bogatyreva, V.P. Bugorsky, I.A. Vdovin, N.N. Voznesenskaya, A.A. Goryagina, V.V.

Gushchina, N.G. Doronina, V.A. Zimina, A.V. Kirina, M.E. Koveshnikova, V.N.

Kokina, R.A. Kurbanova, A.V. Mayfata, G.D. Otnyukova, A.M. Palankoeva, Yu.V. Potapova, N.G. Semilyutina, T.A. Serebryakova, V.V. Silkina, Yu.S.

Kharitonova, I. Yu. Tselovalnikova, T.V. Shadrina and others.

However, it should be noted that in these scientific works the authors mainly considered general issues, including the organization and implementation of prosecutorial supervision over the implementation of laws, or certain aspects of the activity of the prosecutor's office that are not related to the investment sphere. An independent integral scientific research devoted to a comprehensive study of the problems of prosecutorial supervision over the implementation of investment legislation has not been carried out. No dissertation was defended on this issue or another monographic study was published. There are no much-needed methodological manuals and developments on the organization and implementation of prosecutorial supervision in this area. Meanwhile, the theoretical and organizational and legal foundations for the implementation of prosecutorial supervision over the accurate and uniform implementation of legislation on investment activities, as well as the practice of implementing such supervision, needs scientific generalization and analysis.

Insufficient development of a number of scientific and practical issues, the objective need for their scientific understanding and analysis, determined the choice of the goal, objectives, object, subject, structure and content of the study.

provisions on the peculiarities of prosecutorial supervision over the implementation of legislation on investment activities, as well as substantiation of the main directions of its improvement, improvement of quality and efficiency.

the need to resolve the complex of the following research tasks:

investment activity in the Russian Federation;

Disclosure of the content of prosecutorial supervision as one of the ways to ensure the rule of law in the field of investment activities;

investment legislation in the structure of prosecutorial supervision;

Consideration of the specifics of the organization of work in the prosecution authorities to supervise the implementation of the said legislation;

disclosure of the role information support in scientifically based planning of work in the disclosed supervisory area;

- substantiation of the growing role of prosecutorial supervision over the implementation of investment legislation;

- analysis of the powers of prosecutors in terms of their sufficiency;

legislation in the field of investment and the establishment of circumstances conducive to them;

revealed violations of the said legislation and showing their role in the prevention of offenses;

Substantiation of proposals aimed at improving, on the one hand, the legislation governing the powers of prosecutors when exercising supervision over the implementation of laws in the investment field, and, on the other hand, investment legislation.

legal relations arising in the course of the prosecutor's supervision over the implementation of the legislation on investment activities in the Russian Federation.

The subject of the dissertation research is the problems associated with ensuring the effective implementation of the powers of prosecutors to supervise the implementation of legislation on investment activities at all stages of the supervisory process; with the definition of the main directions of its improvement and, first of all, the forms and methods of work, which, with the optimal expenditure of forces and means, the best results in terms of strengthening the rule of law.

The methodological basis of the research was formed by the dialectical method of scientific knowledge and the general scientific methods based on it: analysis, analogy, induction and others. In preparing the dissertation, private scientific methods of researching legal and social phenomena were also used: historical and legal, logical, systemic, comparative legal, statistical and others.

The regulatory and legal framework of the study is: the Constitution of the Russian Federation; legislation regulating investment activities, as well as the organization and activities of prosecutors; laws and other regulations of the constituent entities of the Russian Federation and departmental regulations legal actsrelated to the subject of research.

fundamental works of Russian scientists in the field of the theory of state and law, prosecutorial supervision, law enforcement, reflecting certain aspects of the object and subject of this research.

The empirical base of the study was the statistical data of the Prosecutor General's Office of the Russian Federation, materials of the practical activities of the prosecutor's offices in Moscow and the Moscow region (certificates, memoranda, reviews, generalizations, acts of the prosecutor's response) for the period from 2005 to 2011. In the course of the study, in particular, 60 materials of prosecutorial inspections of the implementation of the said legislation, protests, 37 submissions, 26 statements of claim, 23 decisions to initiate proceedings on an administrative offense, warnings about the inadmissibility of violating the law, 71 orders and orders to bring to administrative responsibility ...

In addition, a survey was carried out of 92 prosecutors, whose competence includes, among other things, supervision of legality in the investment sphere.

Scientific novelty The research is that in the dissertation, among the first at the monographic level, a comprehensive study of the mechanism of prosecutorial supervision over the implementation of legislation on investment activity was carried out. The novelty also lies in the systematic approach to the study of the legal nature and content of the competence of the prosecutor in the exercise of supervision over the implementation of laws in the investment sphere; organization of the prosecutor's work to ensure accurate and uniform implementation of the said legislation; as well as organizational and legal problems in the sphere of the prosecutor's implementation of the supervisory function in relation to subjects of investment activity.

The dissertation presents the conceptual characteristics of the prosecutor's supervision over the implementation of legislation in the investment sphere, developed by the author; its content and features are revealed. In addition, the author analyzes the main shortcomings admitted by prosecutors in organizing and exercising supervision over the implementation of the legislation on investment activities, and substantiates possible ways to prevent them in the future.

Based on the analysis of theoretical sources and practical activities of the prosecutor's office, the dissertation candidate formulated a number of new scientific provisions, as well as proposals for improving the legislation on the prosecutor's office and especially valuable ones for increasing the efficiency of prosecutorial supervision over the implementation of investment legislation.

Basic Provisionssubmitted for defense:

The author's definition of the concept of prosecutorial supervision over the implementation of legislation on investment activities, which should be understood as the specific supervisory and control activities of the prosecutor's office carried out on behalf of the Russian Federation, consisting, firstly, in the legal control of compliance with the procedure for the transfer of funds or other property in monetary assessment by one person, called an investor, to another person, called a recipient, investments with the aim of making a profit or achieving other socially useful results; secondly, in the aggregate of supervisory actions carried out by the prosecution authorities in order to verify compliance with financial and other entities legal regulations in the process of education, distribution and use of financial resources for the timely receipt of complete and reliable information on the progress of the implementation of public investment projects; thirdly, in the system of measures taken by the prosecution authorities to stimulate investment activity and, on this basis, the country's economic growth.

2. Justification that, in the structure of prosecutorial supervision, supervision over the implementation of legislation on investment activities is a subdirection of the direction of prosecutor's supervision over the implementation of economic legislation and the direction of prosecutorial supervision over the implementation of legislation on foreign economic activity of the branches of prosecutor's supervision over the implementation of laws and supervision over the observance of human rights and freedoms, and citizen.

3. Conclusion that in the future, in connection with the implementation of investment projects, an increase in the volume (amount) of funds circulating in the investment sector, omissions in the work of control bodies and, as a consequence, an increase in offenses, the role of prosecutorial supervision will be in the investment sphere.

4. Justification that the success of the human rights activities of prosecutors in the investment sphere in terms of strengthening the rule of law largely depends on how professionally, taking into account all the circumstances (state of law, qualifications of the staff of the prosecutor's office, workload, etc.), prosecutors will organize their work.

The organization of work is understood as a complex of objectively necessary elements (measures) aimed at the effective functioning of the prosecutor's office. The most important of these elements are the collection and analysis of information on violations of investment legislation, work planning and control over the implementation of plans, organization of interaction with control bodies and other bodies in the process of supervisory activities.

5. Classification of types of information characterizing the state of implementation of laws on investment activity and forming the basis of information support for the organization of prosecutorial supervision in this area: regulatory; organizational and methodological; on the development of investment activities; on violations of laws on investment activities; on the activities of law enforcement, ensuring the implementation of investment legislation.

6. Classification of the main (typical) shortcomings allowed by prosecutors in organizing and exercising supervision over the implementation of laws in the investment area (factors that negatively affect the effectiveness of prosecutorial supervision), namely: fragmentary (selective) coverage of the activities of supervised bodies by inspections, as a result of which separate information about violations of laws remains unverified; untimely conduct of inspections, when elimination of revealed violations becomes impossible or difficult;

low-quality (superficial) inspections due to lack of preparation for them, as a result of which not all violations of laws are revealed; failure to establish during inspections of circumstances conducive to violations of laws; conducting inspections without the participation of specialists, when their participation is necessary; poor-quality preparation of acts of prosecutor's response to violations of laws; failure to properly monitor the response; formal (superficial) supervision over the implementation of laws in the conduct of preliminary investigations in cases of crimes in the investment sphere; a passive position of arbitration cases in courts, due to lack of preparation for litigation, and other shortcomings.

7. Justification that the prerequisites for the successful implementation of prosecutorial supervision over the implementation of legislation on investment activities are: awareness (understanding) by prosecutors of the importance of the role of investment activities in the development of Russia; strong knowledge of this legislation and the practice of its implementation; a clear understanding of the role and capabilities of the prosecutor's office in ensuring the rule of law in the field of investment activities, the history of the development of prosecutorial supervision over the implementation of the said legislation; the ability to properly organize work on a scientific basis, in particular to organize the timely receipt of reliable information on violations of this legislation by the prosecutor's office, as well as interaction with control bodies and other bodies in the process of carrying out prosecutorial and supervisory activities;

mastery of the tactics and methods of prosecutorial supervision both at the stage of identifying violations of laws, establishing the circumstances that contribute to them, and at the stages of their elimination and prevention; the ability to objectively assess the effectiveness of supervisory activities, which is the main assessment category of the considered subdirection of prosecutorial supervision as well as the entire multifaceted activity of the prosecutor's office.

the effectiveness of prosecutorial supervision over the implementation of legislation on investment activities can be: timely elimination of errors, shortcomings in work, including those previously mentioned; daily, continuous improvement of the quality characteristics of all supervisory activities; providing an integrated approach to the problem of strengthening the rule of law, in particular, in the field of investment; improving the methodological base of prosecutorial supervision; improving the management (leadership) of supervisory activities by higher prosecutors; improvement of legislation.

9. Proving that improving the management of supervisory activities on the part of higher-ranking prosecutors can go in such directions as: strengthening control over execution, as well as their directing and coordinating role; providing methodological assistance to subordinate prosecutors by developing methodological aids, instructions, regulations, reviews; conducting exemplary inspections of the implementation of laws for employees of subordinate prosecutors, as well as participation in inspections conducted by these employees; taking measures to eliminate mistakes made in lower prosecutors' offices in the exercise of supervision; strengthening control over the implementation of the latest advances in science and practice, advanced methods and techniques for identifying and eliminating violations of laws into supervision practice; improving disciplinary practice.

10. Substantiation of proposals for improving the legal framework of prosecutorial supervision over the implementation of investment legislation.

In particular, it is proposed to make the following changes to the Federal Law "On the Prosecutor's Office of the Russian Federation": legal means the impact of prosecutors on violators of laws is such an act of response as an order, i.e. instruction, requirement to immediately stop illegal actions (inaction);

remove all regulatory restrictions that prevent the prosecutor from filing claims in courts of general jurisdiction and arbitration courts in order to protect the rights and legitimate interests of both individuals and legal entities;

to provide prosecutors and their deputies with the right to issue a resolution to initiate disciplinary proceedings against persons guilty of violating the norms of current legislation; to expand the circle of persons in respect of whom a decision can be made to initiate proceedings on an administrative offense, including citizens; the right to introduce acts of prosecutor's response shall be granted to all prosecutors involved in the supervisory process.

It would also be necessary to codify investment legislation through the development and adoption of the "Investment Code of the Russian Federation", which would lead to a certain reduction in the number of regulations, which to some extent would facilitate the work of prosecutors.

the study consists in the fact that the provisions and conclusions formulated in the dissertation have general theoretical significance for filling gaps and further developing conceptual ideas of one of the areas of law enforcement - prosecutorial supervision.

The practical significance of the dissertation research lies in the fact that the conclusions, provisions and proposals contained in the work, during their implementation, can help to improve the quality and efficiency of the activities of prosecutors who oversee the implementation of legislation in the investment sphere.

The dissertation material can also be used as a scientific and methodological basis for the development of educational and methodological aids, methodological developments (especially private methods) to identify and eliminate violations of investment legislation.

The provisions and conclusions presented in the dissertation can also be applied in law schools and institutions of additional professional education in the teaching process. academic disciplines "Prosecutor's supervision" and "Law enforcement bodies".

Approbation and implementation of the research results took place in the form of a discussion of the main provisions of the dissertation at meetings of the Department of Criminal Law and Special Disciplines of the Law Faculty of the Moscow University for the Humanities. In the course of the research, the author made a number of scientific reports at the scientific humanitarian university.

The main provisions of the dissertation research are introduced into the practical activities of the prosecutor's office, are used in educational process Moscow University for the Humanities, the National Institute of Business in teaching disciplines "Prosecutor's supervision", "Law enforcement agencies".

The main provisions of the dissertation research are set out in published scientific articles, including in the leading publications from among those recommended by the Higher Attestation Commission of the Ministry of Education and Science of the Russian Federation.

The structure of the dissertation research. The dissertation consists of an introduction; three chapters, including ten paragraphs, containing the presentation of scientific research and revealing the topic of the dissertation;

conclusions, list of used normative legal acts and literature, applications.

BASIC THE CONTENT OF THE WORK

In the introduction the choice of the topic of the dissertation, its meaning and dissertation research is substantiated; characterized by methodological and theoretical basis work, its empirical basis, reveals the scientific novelty of the research, as well as its theoretical and practical significance, sets out the main provisions for the defense, information about the testing of the results obtained and their implementation into practice.

First chapter "Legislation on investment activities and the role of prosecutors in its implementation" is devoted to defining the concept of investment activity and its role in the development of the country;

characterization of legislation on investment activity as a sphere of prosecutorial supervision; determining the place of prosecutorial supervision over the implementation of legislation on investment activities in the structure of the investment sphere; as well as the history of the development of prosecutorial supervision over the implementation of legislation on investment activities.

In the first paragraph "The concept of investment activity and its role in the development of the country" analyzes the concept of investment activity and its role in the development of our country.

The study showed that one of the necessary conditions for the successful development of the economy of any state is high investment activity, which is ensured through an increase in the volume of realized capital investments and their most effective use in the most significant areas of material production and the social sphere.

At present, numerous violations of this legislation are committed, up to the theft of investment funds, which does not contribute to the improvement of the investment climate, discourages investors from investing in the economy and social spheres. In these conditions, the role and significance of the law enforcement activities of the prosecutor's office, designed to supervise the implementation of investment legislation, is increasing. Prosecutorial supervision, which is of a general supra-departmental character, acts, on the one hand, as one of the important ways to ensure the rule of law in the field of investment and, on the other hand, as a legal means of activating and improving the activities of control bodies and other bodies.

In the second paragraph "Characteristics of the legislation on investment activity as a sphere of prosecutor's supervision"

the characteristics of the named legislation are given.

It is noted that one of the most important factors affecting the content of prosecutorial supervision in the field of investment activities is the existing system of legislation that determines the national legal regime for these activities, as well as regulating the principles and mechanism of relations between investors and government agencies, on the one hand, as well as with others. participants economic relations and business entities - on the other.

Regulatory legal framework in the field of organization and implementation for a long period of time. It contains many reference norms and significantly complicates the process of implementing legislation and complicates the implementation of prosecutorial supervision in this area of \u200b\u200blegal relations.

In addition, the legislation on investment activities is very flexible, it is being improved taking into account the requests of practice: outdated legislative acts are replaced, new acts are adopted or issued, changes are made to existing acts.

Thus, we can conclude that the multilevel system legal regulation issues of investment activities is aimed at streamlining legal relations, investment activities.

In the third paragraph “The place of the prosecutor's supervision over the execution of the prosecutor’s supervision over the implementation of the said legislation in the structure of the prosecutor’s supervision and its role in ensuring the rule of law in the investment sphere.

The study showed that one of the most important investment bodies is the prosecutor's office, which is entrusted with overseeing the implementation of Russian legislation, including legislation on an independent method of ensuring the legality of investment activities. Supervision over the implementation of this legislation has been carried out to one extent or another since the creation of the prosecutor's office in Russia (January 1722).

In the structure of the unified prosecutorial supervision, supervision over the implementation of legislation on investment activity is an independent subdirection of the direction of supervision over the implementation of economic legislation and the direction of supervision over the implementation of legislation on foreign economic activity of the branches of prosecutor's supervision over the implementation of laws and supervision over the observance of human and civil rights and freedoms.

The subject of prosecutorial supervision over the implementation of the said legislation should be considered the identification of violations of the said legislation, the establishment of the circumstances contributing to them (causes and conditions), the suppression and elimination of these violations and circumstances, bringing the perpetrators to responsibility established by law and taking measures to prevent such violations in the future. The content of the subject of prosecutorial supervision over the implementation of the legislation of this category mainly includes activities related to the processes of formation, distribution and use of financial resources by investment entities and public authorities of all levels and local self-government, characterized by a system of various cost indicators.

The object of the prosecutor's supervision over the implementation of the legislation on investment activity is the sphere of legal relations, the subjects (parties) of which are the public authorities, control bodies, officials, heads of commercial and non-profit organizations and other subjects listed in the disposition of Article 21 of the Federal Law "On the Prosecutor's Office of the Russian Federation" subject to the jurisdiction of the prosecution authorities. The subjects of investment and legal entities that accept investments to realize and obtain benefits or any other socially useful result are also the object of prosecutorial supervision in this area.

In the fourth paragraph "The history of the development of prosecutorial supervision over the implementation of legislation on investment activities"

explores the issues of the evolution of prosecutorial supervision over the implementation of the said legislation.

It is noted that prosecutorial supervision over the implementation of legislation on investment activities as an independent subdirection of supervision over the implementation of economic legislation and supervision over the implementation of legislation on foreign economic activity has been carried out in Russia for more than two centuries.

Prosecutorial supervision over the implementation of legislation on investment activities is objectively necessary in any society where there are commodity-money relations. Its role is great in a society in which state property dominates, governed by administrative command methods, but in a democratic society with market forms of management, it increases many times over.

Chapter two "Organization of work on the supervision of the implementation of legislation on investment activities" is devoted to the study of the content of the organization of work on supervision of the implementation of legislation on investment activities;

information support of prosecutorial supervision over the implementation of the said legislation as the basis for scientifically based planning; organizing interaction between the prosecution authorities and other authorities in the exercise of supervision over the implementation of the legislation on investment activities.

In the first paragraph "The content of the organization of work on supervision of the implementation of legislation on investment activities"

the problems and features concerning the content of the organization of prosecutorial supervision over the implementation of the legislation on investment activity are considered.

prosecutor's supervision over the implementation of the legislation on investment activity largely depends on whether the work of specific departments of the Prosecutor's Office and employees of these departments exercising such supervision is properly organized.

The organization of the work of the prosecutor's office to supervise the implementation of the said legislation should be understood as a set of objectively necessary interrelated and complementary measures (measures or elements) for the training, selection, placement, and advanced training of prosecutors; constant regulation (direction of their activity); providing them with all the necessary means; collection and analysis of information on violation of laws; analysis of the work of the prosecutor's office and its assessment; planning work, monitoring the implementation of plans; organizing interaction between structural divisions of the prosecutor's office and specific employees, other interested structures in order to prevent and suppress violations of the legislation on investment activities.

The work of the prosecutor in this subdirection of supervisory activity should be built taking into account that all the most pressing issues of ensuring the legality of investments are in the field of view of the prosecutor's office. It is necessary to envisage that this work is based on a well-thought-out long-term strategy of the prosecutor's office. Its organization is called upon to ensure comprehensive accounting and use of the results of the work carried out in other areas of activity of the prosecution authorities. Supervision over the implementation of laws in the investment area should contribute to a systematic impact on the causes of financial and economic offenses, on the whole range of circumstances conducive to their commission.

In the second paragraph "Information support of prosecutorial supervision over the implementation of investment legislation as the basis for scientifically sound planning", the role of information support in planning prosecutorial supervision over the implementation of investment legislation is considered and analyzed.

Based on the results of the study, it was concluded that the fulfillment of the tasks facing the prosecutor's office of supervising the implementation of the legislation of this category presupposes the availability of complete and objective information that allows an analysis of changes in the legislation, jurisprudence, statistical data on the bodies carrying out investment activities; the nature of the offenses committed in this area.

The information received by the prosecutor regarding the implementation of the legislation on investment activities can be divided into the following groups: regulatory; organizational and methodological; on the development of investment activities; on violations of legislation on investment activities; on the activities of law enforcement, regulatory and other state and non-state bodies related to the enforcement of the said legislation.

The most important elements of organizing work for the implementation of the legislation on investment activities is the collection of information on violations of this legislation, its analysis, work planning and organization of interaction with other bodies.

compliance with the legislation on investment activities "

the problems of organizing the interaction of the prosecutor's office with other bodies in the exercise of supervision over the implementation of this legislation are considered.

The results of the study showed that the organization of interaction between the prosecutor's office and the authorities vested with control functions, law enforcement and other bodies is one of the most important elements of the organization of work in general, including the organization of work to supervise the implementation of legislation on investment activities.

The main directions of interaction of the prosecution authorities with the implementation of supervision over the implementation of the specified legislation are coordination and operational meetings; conducting collaborative literature; joint preparation of draft regulatory legal acts;

attracting specialists from control bodies to participate in prosecutorial inspections; coordination of response measures to eliminate identified preventive and preventive work.

Chapter Three “The powers of prosecutors to supervise the implementation of the investigation of the powers granted to prosecutors aimed at identifying violations of the legislation on investment activities; to eliminate and prevent such violations; as well as the main directions of increasing the efficiency of prosecutorial supervision over the implementation of legislation on investment activities.

In the first paragraph "The powers of prosecutors aimed at identifying violations of the legislation on investment activities"

analyzes the issues related to the competence of the prosecutor to identify violations of this legislation.

The study showed that at present, prosecutors have sufficient powers to identify violations of laws, including in the investment sphere, and to establish the circumstances that contribute to these violations. The ultimate success of their activities depends on how well and professionally prosecutors exercise these powers. All the powers of prosecutors, in their essence and purpose, are different in content, supervisory actions carried out by prosecutors if there are legal grounds for that.

All supervisory actions must be, on the one hand, legal (enshrined in law) and, on the other hand, justified. They should be carried out at the right time and in the right place, at least in a timely manner, while it is still possible to eliminate the committed violation or stop its development into a more dangerous offense (to prevent the onset of more harmful consequences).

In the second paragraph, "The powers of prosecutors aimed at eliminating and preventing violations of the legislation on investment activity", the powers of prosecutors are considered and investigated in terms of their sufficiency.

On the basis of the study, the author substantiated the conclusion that all the legal means of response provided by the law are to one degree or another applied by prosecutors when exercising prosecutorial supervision over the implementation of legislation on investment activity.

Of these, the most frequently used means of the prosecutor's office are protesting illegal legal acts, filing applications to the courts for recognizing legal acts as invalid or invalid, making submissions to eliminate violations of laws, issuing orders to initiate proceedings for an administrative offense, announcing a warning about the inadmissibility of violating the law and handling statements of claim to courts of general jurisdiction and arbitration courts for compensation for material damage caused to both individuals and legal entities.

As a legal means of influencing the prosecutor against the violator of the law, according to the candidate, it is advisable to provide for an order, i.e. instruction, demand to immediately stop illegal actions (inaction). In addition, prosecutors and their deputies should disciplinary proceedings against persons guilty of violating the norms of the current legislation, however, whose actions do not constitute an administrative or criminal offense.

the effectiveness of prosecutorial supervision over the implementation of legislation and the implementation of the said legislation.

(typical) shortcomings and omissions in the organization of prosecutorial supervision over the implementation of the said legislation are as follows:

incomplete (selective) coverage of supervised objects by inspections;

untimely implementation of supervisory actions; poor quality inspections of the implementation of the said legislation;

failure to establish all the circumstances conducive to violations of laws;

poor quality and illiterate preparation of acts of prosecutor's response; lack of proper control on the part of prosecutors over the implementation of the requirements contained in the acts of response; formal exercise of prosecutorial supervision over the implementation of laws in the conduct of a preliminary investigation.

In custody the thesis formulated the main conclusions and theoretical provisions, as well as recommendations for law enforcement practice.

reflected in the following scientific works:

1. Trofimov V.A. Priority tasks prosecutorial supervision over the implementation of legislation on investment security inOf the Russian Federation and the content of the organization of work to control the implementation of the legislation on investment security // Business in law. 2009.

No. 5. S. 252-255. 0.4 pp

of the prosecutor's response to violations of the legislation on investment activity // Legal Science and Practice. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2011. No. 3 (16). S. 320-323. 0.5 pp

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4. Trofimov V.A. Investment activity and investments // Topical issues of Russian law. Collection of scientific articles. Issue 12.

M .: Publishing house of the Moscow State University, 2009.S. 102-106. 0.2 pp

5. Trofimov V.A. Characteristics of the Russian legislation on investment activity // Topical issues of Russian law.

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7. Trofimov V.A. Priority tasks of the prosecutor's supervision over the implementation of the legislation on investment activities in the Russian Federation // Topical issues of Russian law. Collection of scientific articles. Issue 14.M .: Publishing house of MosGU, 2009.S. 92-97. 0.3 pp

8. Trofimov V.A. Legal and regulatory framework for investment activity in the Russian Federation // Problems of the implementation of modern legal relations: materials of the All-Russian scientific and practical conference. Nevinnomyssk: NGGTI, 2011.S. 129-132. 0.3 pp

9. Trofimov V.A. On some issues of organizing work to supervise the implementation of the legislation on investment activity in the Russian Federation // Ensuring the rule of law in the Russian Federation:

materials of a scientific conference held at the Faculty of Law of Moscow State University on November 24, 2011. M: MosGU, 2011.S. 169-171. 0.3 pp

Publishing House of NNOU VPO "Moscow Humanitarian University"

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Protection by the prosecutor of the rights of entrepreneurs in the field of investment activities (Khromushin P.N.)

Date the article was posted: 13.04.2017

The Prosecutor General's Office of the Russian Federation, taking into account the tasks set by the President of the Russian Federation to improve the business climate and create a favorable business environment in the first half of 2016, audited the implementation of legislation that protects the rights of entrepreneurs in the field of investment activities. In the course of it, violations of the law were revealed in the course of legal regulation, the provision of support measures for investment projects, the passage of licensing procedures, the conclusion of concession agreements.

Cases of illegal actions of officials of government bodies and other persons in relation to budget funds allocated for the development of investment activities have been established.

When planning the territory of the Obninsk Technopark in the Kaluga Region, on the basis of inaccurate documents, the state customer paid for the actually outstanding work on the laying of water pipes in the amount of about 4 million rubles. Based on the materials of the prosecutor's check, the investigating authorities initiated criminal cases in connection with actions as an unscrupulous contractor under Part 4 of Art. 159 (fraud on an especially large scale) of the Criminal Code of the Russian Federation, and the customer under Part 1 of Art. 285 (abuse of office) and Part 2 of Art. 292 (official forgery) of the Criminal Code of the Russian Federation.

In the Rostov Region, more than RUB 442 million allocated for the construction of municipal engineering infrastructure as part of the Chisty Don regional investment project was spent on financing the commercial gas distribution network. On the initiative of the prosecutor's office, a criminal case was initiated under Part 1 of Art. 286 (abuse of office) of the Criminal Code of the Russian Federation.

In connection with the formation of arrears of the regional budget for state support of enterprises implementing investment projects, including in the field agriculture, in the amount of over 96.5 million rubles. measures of prosecutor's response were taken in the Republic of Mari El.

The proper implementation of the requirements of the law was hampered by the lack of legal regulation of the investment sphere.

More than half of the constituent entities of the Russian Federation lack legal acts defining the conditions and procedure for conducting investment activities and the participation of authorities in this process.

The unjustified reduction in the number of persons eligible for investor status required the adoption of prosecutorial response measures in the Krasnodar Territory, Kurgan and Sakhalin Regions.

In the Altai Territory, at the request of the prosecutor, the provisions of the regional law, imposing the obligation on investors to attract individuals for the implementation of their projects on a competitive basis and restricting the rights of users of investment objects, were declared invalid in court.

Numerous cases of infringement of the rights of economic entities are caused by improper organization of the work of authorities in the field of investment activities.

In the Ryazan region, authorized bodies evaded the conclusion investment agreement with the winner of the competition for the annual public award "Regions - Sustainable Development", the absence of which made it impossible to obtain bank loan for the implementation of a project for the construction of a poultry complex for growing turkeys for more than 50 thousand heads.

Applications from business entities for support of particularly significant investment projects for the construction of an elevator and the creation of a technology for plastic remelting in the Voronezh Region were unreasonably rejected due to the discrepancy between the planned work and the codes of economic activities assigned by the statistics authorities.

The manufacturer of bakery products in the Krasnoyarsk Territory was repeatedly denied state guarantees with reference to the submission of not all documents to them, while their exhaustive list was not defined, and there was no administrative regulation for the provision of this service. Along with the reclamation of documents held by other authorities, an economic entity was obliged to go through procedures related to examination and assessment, which is prohibited by law.

The facts of long-term (up to 1 year) evasion of concluding additional agreements to investment contracts with economic entities, including in spite of court decisions, were revealed, and illegal denials from the execution of such contracts (Moscow).

The authorities violated the principle of equality of investors' rights when, under the same conditions, they groundlessly refused to provide support to one business entity with its provision to others in the republics of Mordovia, Khakassia and the Rostov region.

In the Smolensk Region, applications from potential investors to support their projects were sent by the authorized bodies to the Investment Development Corporation without consideration of the merits, and in the Tyumen Region - for revision without an official refusal. In the Republics of Bashkortostan and Komi, the procedure for the examination of investment projects was not followed.

In all cases of violation of the law, prosecutors have taken measures to restore the legitimate interests of investors.

After the prosecutor's intervention in the Republic of Crimea, the term for concluding investment contracts was halved in connection with the exclusion of approvals by the same bodies of applications and draft agreements.

The facts of red tape in the consideration of investment applications were revealed in the Republics of Adygea, Bashkortostan, Mari El, Mordovia, Tatarstan, Astrakhan, Vladimir, Voronezh, Kemerovo, Kostroma, Kursk, Moscow, Novosibirsk, Omsk, Smolensk, Tambov, Tomsk, Ulyanovsk and Yaroslavl regions.

The measures taken by the prosecutor's response have suppressed the facts of illegal refusals to provide measures of state support for investment projects.

In the Kostroma region, the prosecutor reacted to the unjustified refusal of the regional administration's profile department to send an application for the creation of a landscape and recreational complex for consideration by the council for attracting investments due to the absence of separate sections in the submitted business plan, the presence of which and the mandatory requirements for which are not legally established.

Unjustified refusals to reimburse part of the costs of investment and innovation projects from the budget based on tax arrears, which in reality did not exist, were identified and suppressed by the prosecutors of the Oryol and Orenburg regions.

The implementation of investment projects was hampered by administrative barriers in the field of land relations and urban planning.

Despite the obligations of the authorities to support investment projects in the Tyumen region, business entities were encouraged to independently choose the right ones for their implementation. land plots according to urban planning requirements and conclude a lease agreement. So, despite the adoption of an investment project for the construction of a printing services center for support with the provision of organizational assistance on land issues, an economic entity has been unsuccessfully seeking to change the type of permitted use of a land plot permissible by law, which prevented obtaining a building permit and state support measures. This decision was made only after the prosecutor's intervention.

In the Oryol region, the prosecutor's office protected the rights of an enterprise planning to locate a greenhouse complex for growing vegetables in Novosil. The volume of investments is more than 1 billion rubles. Despite the fact that this project is included in the relevant register, the land plot provided for it turned out to be located within the boundaries of two municipalities, and therefore, in the conditions of illegal inaction of the authorities, the investor for a long time could not formalize the rights to it and start construction.

Numerous violations of the rights of economic entities were committed when concluding concession agreements.

In the Belgorod Region, as a result of the illegal exercise of powers on water supply by the administrations, 13 settlements were leased without a tender commercial organization... According to the results of the measures taken by the prosecutor's office, these objects were included in the property of the municipal district, a competition was organized to conclude a concession agreement, 13 officials were disciplined.

On the facts of non-compliance with the mandatory requirements for the procedure for transferring municipal property to concession, prosecutorial response measures were taken in the Republics of Dagestan and Mari El, Krasnoyarsk Territory, Kirov, Magadan, Ryazan, Tula and Chelyabinsk regions.

The main reason for such violations was the unwillingness of potential investors to ensure the modernization of worn-out municipal infrastructure facilities.

In the Smolensk region, contrary to the requirements of the law, seven local administrations did not fulfill the obligation to develop and approve the list of municipal property objects subject to concession, which was often facilitated by the lack of state registration of ownership of them. Similar facts were also revealed in the Republic of North Ossetia - Alania, Altai, Krasnoyarsk, Perm regions, Bryansk, Kostroma, Novosibirsk, Orenburg and Orel regions.

In some regions, violations were revealed during the implementation of priority investment projects in the field of forest development.

Due to the absence of a procedure for selecting applications for the implementation of such projects, criteria for their assessment, the prosecutor's office of the Tambov region submitted a submission to the regional duma. Similar measures were taken by prosecutors in the Republics of Karelia, North Ossetia - Alania, Tatarstan, Perm Krai, Kemerovo, Novosibirsk, Samara and Saratov regions.

The prosecutor's response was required in the Sverdlovsk region, where the regional Ministry of Industry and Science for a long time did not take decisions on the applications of timber industry enterprises for the implementation of investment projects in the field of forest development, and the violations committed by them caused the Ministry of Industry and Trade of the Russian Federation to repeatedly return such applications for revision.

In the Ryazan region, the prosecutor's office made a submission to the head of the regional ministry of forestry, which in 2015 repeatedly refused an economic entity to lease land plots for the implementation of a priority investment project in the field of forest development - a high-tech complex of sawmilling, production of wood briquettes and fuel pellets due to their absence ... At the same time, in fact, such sites were available on the territory of six forestries.

The prosecutor's office Kirov region protected the rights of economic entities in the implementation of priority investment projects in the field of forest development. The reason for the prosecutor's response was the illegal inaction of the regional Ministry of Forestry, which did not promptly change the amount of rent, despite the decrease in the volume of harvesting.

In the Vladimir region, the prosecutor's office reacted to the facts of the absence of mandatory conditions in the lease agreements for land plots provided as part of the implementation of investment projects in the field of forest development.

In total, during the audit, over 23.5 thousand violations of the law were suppressed, more than 7.3 thousand submissions were made to eliminate them, 3 thousand illegal legal acts were protested, more than 400 applications were filed in courts, 1.5 thousand officials were brought to justice. disciplinary liability and about 200 persons - to administrative responsibility. Three criminal cases were initiated based on the materials sent to the preliminary investigation bodies.

The audit revealed the need to improve federal legislation in terms of regulating investor relations with the executive authorities of the constituent entities of the Russian Federation, the responsibility of government officials for violations of investors' rights and investment attractiveness objects of concession agreements, about which the Prime Minister of the Russian Federation informed the Chairman of the Government of the Russian Federation.

Investment law today is not only in the center of attention of society, but also requires a serious study of what has already been achieved, as well as a deep study of new ideas and concepts, the earliest creation in the country's economic life of the basic conditions for the implementation of a successful investment process, changes in mass psychology and serious mass education in this industry.

Transfer of free funds and assets into investments is a matter of public confidence in the state, invariable investment rules of the game, debugging an effective mechanism for protecting the rights and interests of mass investors, and a number of other factors, including state regulation of investment activities, on the one hand, such as economic process, and on the other - legal.

In the light of the above, the current public interest in this problem becomes understandable, and as for its study in the very recent past, it should be noted that domestic investments as such could not be the subject of study of both economists and lawyers for the simple reason that they are not was basically.

It is paradoxical, but true: domestic investment law in the domestic legal scientific and practical sphere, until the last moment, remains practically unexplored in full. There is very little work on Russian investment law. Especially in the light of the fact that domestic legal literature in last years was divided into branches and sub-branches at an unprecedented rate. The latter has its own explanation.

The objective development of domestic jurisprudence pushes specialists, forcing them to keep up with the times, to develop new subsectors, complex legal formations, industries, institutions. So, I think, in the near future we will “catch up and overtake America” in this area. This conclusion was made back in 2006, but it should be noted that the situation has not changed dramatically until now. The issue of domestic investment remains open from a legal point of view.

Today state russian economy characterized by the presence of negative phenomena associated with various factors, including the consequences of the global financial and economic crisis.

Nevertheless, in the medium and long term, the Russian state sets strategic goals for itself and for society, including increasing the efficiency and competitiveness of production, and increasing labor productivity. The task is to stimulate the innovative orientation of the industry, to reduce the dependence of the economy on raw materials, to achieve the exit of a significant part of the business "from the shadow".

The solution of these tasks is impossible without creating favorable conditions for the development of investment relations, without the formation of legislation by the executive and legislative authorities that regulate this process, taking into account both the positive and negative historical and legal experience of Russia.

Problems of the existing legal regulation of investment relations, shortcomings of the Laws "On investment activities in the Russian Federation, carried out in the form capital investments"And" About foreign investment in the Russian Federation "1999, as well as" On investment activities in the RSFSR "1991, as the main sources of regulation of the considered area of \u200b\u200blegal relations, have not yet been taken into account and not eliminated, which prevents the solution of the problems facing the Russian state and society.

At present, the regulation of budgetary investment in financial legislation is carried out only in the most general terms.

This problem is becoming especially acute in connection with the obvious in recent years the need for an early change in the development guidelines of the national economy from the expectation of foreign investment, to the development of the economic and legal foundations of domestic investment.

At the same time, it seems that in the context of the ongoing construction of the rule of law, the effective implementation of existing statements about the need to increase the “social responsibility of business” (currently, unfortunately, only of a declarative and extra-legal nature) is impossible without a systematic improvement of the existing regulatory framework.

In order to regulate investment activities, the state uses the most accessible and most effective regulator - the law. However, Russian legislation is unstable, and commercial activity encounters many bureaucratic obstacles. In addition, the Russian legal system does not provide security foreign investors in due measure, and laws often do not correspond to each other.

In 2016, in connection with the current situation in the Russian Federation, the President set the task to increase the level of investment activity of entrepreneurs.

To ensure the protection of entrepreneurs, the General Prosecutor's Office of the Russian Federation organized an audit of the implementation of legislation that protects the rights of entrepreneurs in the field of investment activities. In the course of the audit, an assessment will be made of the legality of the exercise by regional government bodies and local government bodies of the powers assigned to them on these issues.

The prosecutor's office has been tasked to achieve the actual elimination of the revealed violations of the law and bring to the established responsibility officials who hinder the conduct of business and the development of investment activities. Entrepreneurs-investors, faced with administrative barriers, can apply to the prosecutor's office for the protection and restoration of their violated rights and legitimate interests.
The conclusion from the above can be called the need for a deep and systematic study of the investment process in general, including for systematizing the entire layer of legislation affecting investments in the Russian Federation, as well as state regulation of investment activities, in particular, since without regulation "from above" this process can turn into chaos even in the first steps of formation.

Prepared information. Balaban Eduard Fedorovich - Head of the Moscow Anti-Corruption Committee at the Moscow Chamber of Commerce and Industry.

Entrepreneurship is an extremely important area for the development of the national economy. The state strongly supports the entrepreneurial activity of the society. But it is prohibited for state and local authorities to deal with it.

Entrepreneurship is characterized by high efficiency and socio-political importance, but also weak viability and vulnerability, therefore, it needs government regulation, support and development.

To the main system elements state regulation entrepreneurship include:

- the policy of denationalization and privatization;

- antimonopoly policy;

- the institution of bankruptcy of business entities;

- regulatory support for the development of entrepreneurship;

- administrative-economic and financial-credit regulation and deregulation of entrepreneurship;

- informational and program-targeted support of entrepreneurship.

Conditionsnormal functioning and development entrepreneurship are:

- a stable monetary system;

- legal protection of entrepreneurs;

- a stable, stimulating taxation system that would facilitate investment and reinvestment of funds in the field of entrepreneurship;

- a developed system of market infrastructure for supporting entrepreneurship ( commercial banks, commodity exchanges, insurance companies, information and marketing firms, consulting, educational organizations, etc.);

– governmental support establishment, registration, financing and lending of entrepreneurship;

- a transparent and simple procedure for regulating entrepreneurial activity by the state;

- effective protection of intellectual and material property.

The main means of regulatory influence state for the activities of business entities:

- state order, state task;

- licensing, patenting and quotas;

- certification and standardization;

- application of standards and limits;

- regulation of prices and tariffs;

- provision of investment, tax and other benefits;

- provision of grants, compensations, targeted innovations and subsidies.

State regulation of the private sector of the national economy is carried out through budgetary financing of institutions and state purchases of goods and services for public needs, state orders and state tasks. The state order is carried out through the formation on a contractual basis of the composition and volume of products necessary to meet the state (public) needs and placement among enterprises, regardless of the form of ownership. The form of a state order is a state contract - an agreement between the state and business entities for the manufacture of a certain product or the provision of services, incl. for export.

For the purpose of economic stimulation of the fulfillment of state orders, the Cabinet of Ministers of Ukraine provides incentives for income tax, targeted grants and subsidies, loans on preferential terms, foreign exchange, customs and other benefits.

For enterprises supplying the most important resources, special quotas may be established for the mandatory sale of these resources to executors of government orders. The Cabinet of Ministers and other executive bodies can also establish state tasks that are mandatory for business entities. All this work is carried out by the Interdepartmental Commission on the Regulation of the Procurement of Goods for State Needs under the Cabinet of Ministers of Ukraine, Department public procurement at the Ministry of Economy, other divisions.

The great role of the state in implementation and regulation investment activities... Central and local authorities power and management at the expense of the budget, extrabudgetary funds and borrowed money, as well as state-owned enterprises at the expense of their revenues carry out state investment.

The state's activities to regulate and organize investment activities in the country constitute the content of the state's investment policy, which is implemented on the basis of a set of legal, organizational, administrative and economic measures of the state.

The state's investment policy is determined by the following factors:

- the level of development of the national economy;

- structure of the economy and tasks for its optimization;

- the state of fixed capital and the efficiency of its use;

- the level of scientific and technological development of the country;

- financial capabilities of the state;

- the level of development of the market infrastructure.

The purpose state investment policy is to create a competitive environment and ensure structural changes and GDP growth through improving the investment climate in the country, developing and intensifying investment processes, directing investments in priority sectors and programs.

State regulation of the investment process in Ukraine is carried out through direct investment management, regulation of the conditions of investment activities (Laws of Ukraine "On investment activities", "On foreign investments", "On securities and the stock exchange ", etc.), control over the legality of investment activities by all participants in the investment process and investors (the Economic Code of Ukraine, etc.).

Direct investment management involves:

- forecasting, planning and programming the development of the national economy, its structural elements;

- formation of the budget and the volume of state financing of investments;

- planning of centralized public funds;

- placement of government contracts and control over their implementation;

- determination of the conditions for the implementation of investment projects, their expertise, etc.

Regulation of conditionsinvestment activity is carried out by the state with the help of such instruments:

- taxes and tax incentives;

- monetary and depreciation policy;

- providing financial aid in the form of grants, subsidies, subventions, budget loans for the development of certain regions, industries, industries;

- determination of the conditions for the use of land, water and other natural resources;

- price regulation;

- examination of investment projects;

- regulation of investor participation in privatization state property;

- ensuring investment protection;

- formation of state norms and standards, etc.

The state creates favorable conditions for effective scientific and technical activities. State science and technology policyconsists of:

- determination of goals, priorities and directions of scientific and technological development of the country;

- development and implementation of programs for the formation of innovation centers for technological growth;

- formation of conditions for the development of scientific and technological progress and the introduction of its results into production;

- development of financial, economic and legal mechanisms for regulation and stimulation of scientific, technical and innovation processes;

- the creation of promising research institutes and laboratories for fundamental and applied research;

- creation of an organizational structure for managing the scientific and technical sphere, etc.

State regulation of innovation carried out by:

- formation and implementation of state, sectoral, regional and local innovation programs;

- financial support for the implementation of investment projects;

- stimulation of commercial banks and other financial and credit institutions providing loans for the implementation of investment projects;

- the establishment of preferential taxation of subjects of innovation, etc.

The sources of financial support for innovation are:

- funds of the State Budget of Ukraine;

- facilities local budgets;

– own funds specialized state and municipal innovative financial and credit institutions;

- own or borrowed funds of subjects of innovation activity;

- Funds (investments) of any legal and individuals etc.

To ensure that all subjects of the economy comply with the requirements of legislation on innovation, state control is carried out in this area, an examination of innovative projects is carried out. At the same time, the state guarantees innovation activities (support for programs and projects, protection and protection of intellectual property rights, protection from unfair competition, free access to information, training and retraining of qualified personnel, etc.).

Summarizing what has been said in this topic, we will draw the following conclusions.

For the market form of organization of the economy, the principle of its self-regulation based on the interaction of supply and demand in a competitive environment is characteristic: the market subordinates production to social needs in the form of effective demand. The market directs resources to the production of those products that are most needed by society, promotes the introduction of new technologies, increases production efficiency, etc. But in real market economy situations arise when the market mechanism does not ensure the full and efficient use of resources and their rational distribution. Such situations create regulatory market weaknesses:

- impossibility of competition due to the formation of monopolies based on the concentration of capital;

- the failure of the market to provide people with public goods and services;

- insufficient and imperfect information regarding market signals;

- Economic instability due to a long decline in production, excessive unemployment, high level prolonged inflation

The need to solve these problems, which accumulate in society and cannot be solved automatically on the basis of private property and competition, requires significant investments in low or unprofitable objects, which are essential for the continuation of macroeconomic reproductions and the provision of social peace. This problem is solved by the state, which performs exactly those economic functions that the market does not fulfill.

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