Research Seminar "Legal Regulation of Investment Activity"

2024/2025

Учебный год

ENG

Обучение ведется на английском языке

Кто читает:

Кафедра финансового права (Санкт-Петербург) (Юридический факультет (Санкт-Петербург))

Статус:

Курс обязательный

Когда читается:

4-й курс, 2, 3 модуль

Преподаватель

Лаптева Анна Михайловна

Course Syllabus

Abstract

This discipline belongs to the variable part of the professional cycle of disciplines for the preparation of students in the direction 40.03.01 "Jurisprudence" (Educational program "Jurisprudence"). When starting the course, students should have knowledge of the following disciplines: "Civil Law (General part)", "Civil Law (Special part)", "Civil Procedure Law", "Administrative Law". "Civil procedural law", "Business law". As a result of studying the discipline, students should know economic and legal approaches to understanding the category of investments and their impact on law enforcement practice; signs of investment activity; main directions of state investment policy; delimitation of powers in regulating investment relations between the federal level, the level of subjects of the Russian Federation and the level of municipal authorities; the content of the concepts of "investment agreement"; normative definitions of the concept of "investment agreement"; economic characteristics of economic and legal instruments that formalize the investment process; the content of the concepts of "investment planning", "investment program", "investment declaration", "investment project", "investment portfolio"; the main trends in international investment law; the Monroe– Calvo-Drago doctrine and its significance for international legal regulation of investments; the main legal regimes of foreign investments; characteristics of investment arbitration; characteristics of the arbitration court as a mechanism for resolving domestic investment disputes; the system of legislation regulating innovative activity; the relationship between the concepts of innovative activity and investment activity. Be able to apply the terminology of the course; understand the sources of law on the subject of the course; apply the studied norms of law in resolving incidents, conflicts, in law enforcement practice; prepare documents related to the subject of the course, conduct their legal examination. The main provisions of the discipline should be used further in the preparation of the final qualification work and preparation for the interdisciplinary examination in the field of training.

Learning Objectives

• Students acquire theoretical and practical knowledge in the field of legal regulation of investment activities
• Acquisition of skills in analyzing sources of investment law.
• Development of skills in analyzing the sources of law and the use of principles and norms of law in the practice of lawyers
• The acquisition by the student of the skill of drawing up legally significant documents related to the subject of the course.

Expected Learning Outcomes

• Analyzes the economic characteristics of the concepts of "investments", "investment activity", their characteristics, legislative definitions
• Analyzes the legal status of subjects of investment relations. Is able to apply the acquired knowledge, skills and abilities in relation to a simulated or specific life situation
• Identifies the features and system of investment contracts. Is able to apply the acquired knowledge, skills and abilities in relation to a simulated or specific life situation
• Formulates the features of international legal foundations of investment. Is able to apply the acquired knowledge, skills and abilities in relation to a simulated or specific life situation
• Formulates ways to protect investors' rights. Is able to apply acquired knowledge, skills and abilities in relation to a simulated or specific life situation
• Formulates the specifics of legal regulation of foreign investments. Is able to apply the acquired knowledge, skills and abilities in relation to a simulated or specific life situation

Course Contents

• Topic 1 Concepts of investments and investment activities. Sources of investment law
• Topic 2 Subjects of investment relations
• Topic 3 Investment Contracts
• Topic 4 International legal framework for investment
• Topic 5 Legal Regulation of Foreign Investments
• Topic 6 Methods of protecting investors' rights

Assessment Elements

• Control Work (Test)
  The test is a written work. The purpose of writing it is to test students' knowledge of certain topics and their ability to apply them. The control work is carried out in writing and consists of 5 tests for knowledge and understanding of the specifics of legal regulation of investment activities. The test question may be a theoretical problem or a solution to a practical situation. Each test question contains one correct answer. The student must choose from the proposed options one answer that is the most accurate and complete in the conditions of current legal regulation and explanations of higher judicial instances. The answer to the test question should be given by putting a symbol (check mark, plus, etc.) on the left side of the answer option chosen by the student. The specified symbol must clearly indicate the student's desire to give exactly the answer opposite which the symbol is placed. All doubts about which of the answers to the test question was answered by the student are interpreted in favor of the fact that the student did not answer the question posed in the test. The absence of an answer to a test question or the presence of multiple answers to a test question is evaluated as an incorrect answer to the question When answering test tasks, it is allowed to use normative legal acts, acts of judicial instances. The use of other sources is not allowed. The total duration of the test is 25 minutes. 1. In the event that when checking students' written works, including exam papers, a complete or partial coincidence of the answer text is revealed among different students, and this coincidence is not caused by quoting the norms of the law or judicial practice of higher courts, all students who have a coincidence are given a score of 0 for the work, without clarifying the reasons for this coincidences. 2. The duration of each control element set by this program includes the time of writing the control element and the time of its delivery when written in paper form, the time of its loading when executed in the SmartLMS system.
• Seminar Activity
  The student's score is announced to him no later than five calendar days before the start of the discipline exam.
• Exam: Written work

Interim Assessment

• 2024/2025 3rd module
  Рез Оц=Конт Раб*0.2+ОцЭкз*0.7+Осем

Bibliography

Recommended Core Bibliography

• Инвестиционное право : учебник для вузов, Лаптева, А. М., 2024
• Инвестиционное право. Практикум : учебное пособие для вузов, Лаптева, А.М., 2022
• Инвестиционные режимы. Правовые аспекты : учебное пособие для вузов, Лаптева, А.М., 2022

Recommended Additional Bibliography

• Доронина, Н. Г. Международное частное право и инвестиции: Монография / Н.Г. Доронина, Н.Г. Семилютина. - Москва : Контракт, ИЗиСП, 2012. - 272 с. ISBN 978-5-98209-124-6. - Текст : электронный. - URL: https://znanium.com/catalog/product/377276
• Фархутдинов И.З. - Международное инвестиционное право и процесс. Учебник - 978-5-392-13219-5 - Проспект - 2014 - http://ebs.prospekt.org/book/27584 - 27584 - PROSPECT

Authors

• Власова Ольга Леонидовна
• LAPTEVA ANNA Mikhailovna
• VOLKOVA Iuliia Mikhailovna
• Юсифов Юсиф Махияддин Оглы