О правовой квалификации инвестиционных договоров

Труды Института государства и права Российской академии наук. 2025. № 4. С. 198–225.

Lapteva A.

The article deals with the legal nature of investment contracts, which are one of the most common legal means used by subjects of investment activity.

It is stressed that there are different points of view on the understanding the investment contracts in legislation, law practice and legal doctrine. For example, there isn’t generalized definition of the "investment contract" in the Russian investment legislation. This is due to the fact that the domestic legislator formulates various investment contractual models in relation to specific types of investment activity. The reason for this that the investment activity is quite diverse in its content.  In addition, the various factors, for example, the economic inequality of the parties, the investment risk, social needs, national security, competitiveness are also influence for the structure investment contract.

It should be noted that in the legal literature there are polar views on the legal nature of investment contracts, which make it difficult to understand this construction.

It is spoken in detail about the concept of "intersectoral (multisectoral) contracts, which can be used in relation to special investment agreements (agreements). The latter represent a special group of investment agreements that are actually withdrawn from the scope of the Civil Code of the Russian Federation and are regulated by separate federal laws. The peculiarity of these laws is that they introduce their own contractual norms concerning their conclusion, modification, refusal, termination and execution on various grounds, which differ greatly not only in content, but also in the fundamental orientation of regulation based on the imperative method.

The following conclusions are drawn that investment relations between a private and a public entity are mediated by special investment agreements (agreements), which relate to multi-industry (inter-industry) agreements combining public and private principles. Therefore, the term "investment agreement" is a generalizing concept for a group of agreements of various industry affiliations mediating investment activities.

Keywords: инвестиции, инвестиционная деятельность, investments, investing, investment agreements, investment legislation, вложения, межотраслевые инвестиционные договоры, правовая природа инвестиционных договоров