Комментарий к ст. 128
In accordance with the international investment legislation, a state is entitled to implement expropriation and nationalization measures with respect to foreign investments within its territory on condition of guaranteed prompt, efficient and adequate compensation provision in favor of investors. The article notes that there is no clear description of the phenomenon of foreign investors' property alienation in the Russian or world practice. Consideration is given to the types of expropriation: direct, aimed at deprivation of property rights for investments by authorities; indirect, or "creeping" expropriation representing gradual divestiture; and measures that are equivalent to expropriation and inhibit receipts of investment benefits. It is underscored that in the process of investment evaluation it is necessary to take into consideration the degree of intervention in property rights, intentions of the government, and the impossibility to discharge adequate investors' expectations.
The article examines the role of an abstract interpretation of acts of the highest courts in the context of the unity of judicial enforcement, due to the need to implement the constitutional prohibition of discrimination enshrined in the administration of justice. Arguing about the validity of acts of abstract interpretation, the author concludes that their binding may be deemed constitutionally justified only if the current system of legal regulation in the mechanism of denial of constitutional jurisdiction.