XIV Annual Scientific Readings in Memory of Professor S.N. Bratus
On October 16, 2019, the jubilee XIV Annual scientific readings in memory of professor S.N. Bratus’ took place at the Institute of Legislation and Comparative Law under the Government of the Russian Federation on the topic: “Investments in national and international law: a balance of private and public interests” (on the 115th anniversary of the scientist).
The plenary session was opened by the Director of the Institute, Deputy President of the Russian Academy of Sciences, representative of the Russian Federation at the Venice Commission (European Commission for Democracy through Law), member of the Russian Academy of Sciences, Doctor of Law, Professor, Full Member of the International Academy of Comparative Law (IACL), Honored Lawyer of the Russian Federation, Honored Lawyer of the Republic of Tatarstan Khabrieva Talia Yarullovna. In her opening remarks, the Director of the Institute noted the enormous contribution to the development of russian legislation and world legal science by doctor of law, professor Sergey Nikitich Bratus’, whose scientific heritage has provided a solid methodological basis for the study of many modern problems of law, including the problems of legal regulation of investments.
With a welcoming speech from Konstantin Anatolyevich Chuychenko, Deputy Prime Minister of the Russian Federation, Chief of the Government Staff, Lyubimov Yuri Sergeyevich, Deputy Chief of the Government Staff, addressed to the participants of the Readings and emphasized that the stability of the general investment regime and the convenience of legal institutions recognized in national law are the most important factors ensuring the influx of investment in the country's economy in a situation of global law and order competition.
Krasheninnikov Pavel Vladimirovich, Chairman of the Council for Codification of Civil Legislation under the President of the Russian Federation, Chairman of the State Duma Committee on State Building and Legislation, State Councilor of Justice of the Russian Federation, Doctor of Law, Professor, Honored Lawyer of the Russian Federation, continued the plenary session with a report dedicated to the life and work of professor S.N. Bratus’. Pavel Vladimirovich shared interesting events from the life of S.N. Bratus’ with participants of the Readings, highlighted his main scientific works, which were developed in many studies of the Institute.
The next speaker of the session, Gutnikov Oleg Valentinovich, Deputy Head of the Civil Law and Procedure Department of the Institute, Doctor of Law, spoke about the importance of investment legislation for state investment policy and the need to improve investment legislation, including the unification and systematization of statutory regulation. The speaker cited the predominance of public law principles in the regulation of investment relations as one of the trends in the development of investment legislation.
In his speech, Shuvalov Igor Ivanovich, chairman of the VEB.RF State Development Corporation, Candidate of Law, focused on promoting the institution of public-private partnership as the basis for any investment activity not only in the Russian Federation, but also in the largest economies in the world. Igor Ivanovich drew the attention of the audience to the role of soft law in the formation of investment legislation in the Russian Federation in the post-Soviet period.
The plenary session was also attended by Ivanov Andrey Yuryevich, Deputy Minister of Finance of the Russian Federation, with a report in which he emphasized the special role of the Institute in legislative activities, and also spoke about the draft law “On the Protection and Promotion of Investments and the Development of Investment Activities in the Russian Federation”, designed to ensure stability of investment conditions and their protection.
Voronin Yuri Viktorovich, Chief Financial Officer in the Russian Federation, Candidate of Economics, Honored Lawyer of the Russian Federation, identified methodological problems of legal regulation of the process of investing pension savings in Russia and abroad.
Evgeny Parfirevich Gubin, Head of Business Law Department, Faculty of Law, Moscow State University, Doctor of Law, Professor, Arbitrator of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation, Honored Lawyer of the Russian Federation, mentioned in his report that a favorable investment environment includes, among others, proper legal regulation of property relations, in particular, relations related to state and municipal property.
Deputy Chairman of the Investigative Committee of the Russian Federation, Leading Researcher of the Department of Criminal and Criminal Procedure Law; Judiciary of the Institute, Candidate of Law, Professor, Honored Lawyer of the Russian Federation, Fedorov Alexander Vyacheslavovich emphasized the importance of the criminal law component of ensuring the safety of investment activities and the protection of investment, where both the protective and regulatory functions of criminal law are implemented. According to Alexander Vyacheslavovich the study of foreign experience speaks of the effectiveness of including the criminal liability of legal entities in the system of measures to protect the rights of investors and fight against crimes in the field of investment activities.
Danilov-Danilyan Anton Viktorovich – Co-chairman of the All-Russia Public Organization “Business Russia”, Deputy Chairman of the Public Council of the Ministry of Industry and Trade of the Russian Federation, Chairman of the Expert Council of the Industry Development Fund pointed out the importance of developing a target code of laws on investment activities.
Komarov Alexander Sergeevich – Head of the Private International Law Department of the Russian Foreign Trade Academy, Doctor of Law, Professor, Arbitrator, Member of the Presidium of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation drew the attention of the audience to the role of S.N. Bratus’ as a famous and reputable international arbitrator. In his report, Alexander Sergeyevich elaborated on the problems of reforming the mechanism for resolving disputes between foreign investors and the state and pointed out the special importance of arbitration in finding a balance of public and private interests.
The creation of a unified information system as a tool for technological breakthrough, according to Belyavskiy Oleg Viktorovich, Director of the Russian Foundation for Basic Research, Candidate of Law, plays an important role in assessing the results of investment activities.
Discussions continued within the framework of the subject round tables.