Инвестиционные оговорки: понятие, особенности и виды

Государство и право. 2026. № 3. С. 194–206.

Lapteva A.

Juridical clauses are one of the remedies of legal influence, which are appeared by a reason of the complication of relations and the interpenetration of national and international legal systems.

In the process of the investment activities, the parties of the contracts quite often use of specific legal clauses, which could be called as "investment clauses". These clauses are differed from other types of investment clause according to the criterion of industry affiliation.

The purpose of their introduction is to protect the subjects of investment activity and to establish a balance of opportunities for participants in investment relations.  From this perspective, this article investigates the features of these clauses and constructs their taxonomy. In particular, among the investment clauses, stabilization clauses occupy a special place, which are variable in their content (in some cases they have a complex lexical form). The author constructs a new classification of stabilization clauses that divides (for a substantive point of view) them into: (1) a reservation on the freezing of legislation; (2) a clause on the stability of the terms of the contract; (3) mixed (hybrid) clauses, and based on the way they are fixed to (1) contractual; (2) regulatory and (3) mixed (hybrid). Each of these types clauses has its own specific features, different implementation mechanism and effectiveness.

Keywords: инвестиции, investment, foreign investments, инвестиционный режим, стабилизационная оговорка, вложения, legal clause, investment clause, stabilization clause, инвестиционная оговорка