Раскрытие и предоставление информации эмитентами ценных бумаг в условиях санкций

Lex Russica (Русский закон). 2021. № 8. С. 110–117.

Якушева Е. Е.

The paper is devoted to the transformation of information transparency of Russian securities issuers after the implementation of sanctions by foreign states and international organizations against a significant number of Russian companies. In response to foreign policy pressure, the Russian state quite naturally took a number of steps to protect domestic companies affected by sanctions, including by providing significant concessions in the field of disclosure and presentation of information. The author examines the question of which categories of companies and in relation to which information the rights to disclose/present it in a limited scope are granted, considers the conditions for the implementation of this right. Any change in the above-mentioned area aimed at reducing the availability of information about the activities of companies to the public and market participants may in the future have a negative impact on the development of the Russian economy as a whole. That is why it is especially important to pay attention to legislative changes and law enforcement practice taking place in this area. The author conducted a study of sources of information about public companies that began to disclose and present information in a limited scope. The most interesting examples of how societies began to abuse the rights granted to them were identified. Given that the sanctions affect significant sectors of the Russian economy (including the financial, energy, defense, mining and metallurgical industries), the widespread inappropriate practices in the field of presentation and disclosure of information may adversely affect the value of securities of investors who find themselves in a situation of an information vacuum regarding the activities of issuers. In order to preserve trust between market participants, the author proposes to give an opportunity for investors to resort to such a method of protecting their interests as the right to demand the redemption of securities belonging to them of those issuers that radically restrict access to information about their activities.

Keywords: корпоративное управление, правоприменительная практика, российские компании, государство, corporate governance, санкции, кредитные организации, прозрачность, state, доступность, достоверность, activity, banking group, transaction, холдинг, transparency, органы управления, деятельность, accessibility, Russian companies, completeness, sanctions, holding, disclosure of information, Reliability, представление информации, management bodies, law enforcement practice, competition, Конкуренция, market participants, credit organizations, presentation of information, securities issuers, sanctions lists, раскрытие информации, участники рынка, эмитенты ценных бумаг, полнота, санкционные списки, сделка, банковская группа