Foreign Investment in Ukraine: Types and Forms
DOI:
https://doi.org/10.6000/1929-4409.2020.09.372Keywords:
Investment process, evolution of legislation, types of foreign investors, investment legislation, legal regime of foreign investments.Abstract
An important condition for the transition to a market economy is the intensification of the investment process. Among other factors, attracting foreign investment is crucial. For their effective use, an appropriate regulatory framework for regulating the legal basis for their implementation is required. It is necessary to determine the range and legal status of foreign investors, types and forms of foreign investment, legal means of protection of the rights of foreign investors. At the same time, the mechanism of regulation and protection of foreign investments is influenced by the legal regime of investment, which is established by the national legislation of Ukraine. The article is devoted to the classification of types of foreign investment. Money, goods and corporate rights, intellectual property, rights in them and securities rights, requirements for the exploitation of natural resources as a form of foreign investment are considered. The legal regime of the listed types of foreign investments are analyzed in detail. The evolution of legislation in the field of foreign investment regulation is investigated. Knowledge on foreign investment, is a legal regime as comprehended. The directions of improvement of the mechanism of attraction of foreign investments by established privileges in taxation of profits of foreign investors, legal support of the investment process is highlighted. Prospects of foreign direction and sphere of investment state policy of Ukraine are analyzed.
References
Aleskerova, Yuliia and Lidiia Fedoryshyna. 2018. “Analysis of investment activities of enterprises of Ukraine.” Pp. 1–17 in Economic System Development Trends: The Experience of Countries of Eastern Europe and Prospects of Ukraine, edited by A. Jankovska. Riga: Baltija Publishing. https://doi.org/10.30525/978-9934-571-28-2_1
Artisien-Maksimenko, Patrick, Matija Rojec and Marjan Svetlicic, eds. 2016. Foreign Investment and Privatization in Eastern Europe. London: Palgrave Macmillan.
Case of the Zaporizhia Regional Commercial Court No. 908/341/16 “Magna International Inc. (Canada) vs Tavriya-M Limited Liability Company (Ukraine)”. 2016. Retrieved July 24, 2020 (https://youcontrol.com.ua/catalog/court-document/57169845/)
Decree of the Cabinet of Ministers of Ukraine No. 55-93 “On the Foreign Investment Regime”. 1993. Retrieved July 17, 2020 (https://zakon.rada.gov.ua/laws/show/55-93#Text)
Dolzer, Rudolf and Christoph Schreuer. 2012. Principles of International Investment Law. Oxford: Oxford University Press. https://doi.org/10.1093/law/9780199651795.001.0001
Goncharuk, Oleksii. 2020. We Want the Investor to Feel the State’s Concern Right Now. Retrieved July 08, 2020 (https://ukurier.gov.ua/uk/articles/hochemo-abi-investor-vidchuvav-turbotu-derzhavi-vz/)
Kossak, Volodymyr and Oleh Bachun. 2003. “The practice of resolving disputes related to the implementation of corporate rights (based on the generalization of the practice of the Commercial Court of Kyiv).” Law of Ukraine 12: 54–57.
Law of Ukraine No. 1457-III “On the Elimination of Discrimination in Taxation of Entities Established Using Property and Funds of National Origin”. 2000. Retrieved July 03, 2020 (https://zakon.rada.gov.ua/laws/show/1457-14#Text)
Law of Ukraine No. 1540а-XII “On Protection of Foreign Investments in Ukraine”. 1991. Retrieved July 11, 2020 (https://zakon.rada.gov.ua/laws/show/1540%D0%B0-12#Text)
Law of Ukraine No. 1543-XII “On the succession of Ukraine”. 1991. Retrieved July 17, 2020 (https://zakon.rada.gov.ua/laws/ show/1543-12#Text)
Law of Ukraine No. 155-IX “On Concessions”. 2019. Retrieved July 20, 2020 (https://zakon.rada.gov.ua/laws/show/155-20#Text)
Law of Ukraine No. 1560-XII “On Investment Activity”. 1991. Retrieved July 15, 2020 (https://zakon.rada.gov.ua/laws/ show/1560-12#Text)
Law of Ukraine No. 2121-III “On Banks and Banking”. 2000. Retrieved July 02, 2020 (https://zakon.rada.gov.ua/laws/ show/2121-14#Text)
Law of Ukraine No. 2198-XII “On Foreign Investments”. 1992. Retrieved July 28, 2020 (https://zakon.rada.gov.ua/laws/ show/2198-12#Text)
Law of Ukraine No. 2473-VIII “On Currency and Monetary Transactions”. 2018. Retrieved July 19, 2020 (https://zakon.rada.gov.ua/laws/show/2473-19#Text)
Law of Ukraine No. 3480-IV “On Securities and the Stock Market”. 2006. Retrieved July 04, 2020 (https://zakon.rada.gov.ua/ laws/show/3480-15#Text)
Law of Ukraine No. 3744-XII “On the State Program for Encouragement of Foreign Investments in Ukraine”. 1993. Retrieved July 17, 2020 (https://zakon.rada.gov.ua/laws/ show/3744-12#Text)
Law of Ukraine No. 448/96-VR “On State Regulation of the Securities Market in Ukraine”. 1996. Retrieved July 13, 2020 (https://zakon.rada.gov.ua/laws/show/448/96-%D0%B2%D1%80#Text)
Law of Ukraine No. 514-VI “On Joint Stock Companies”. 2008. Retrieved July 29, 2020 (https://zakon.rada.gov.ua/laws/ show/514-17#Text)
Law of Ukraine No. 710/97-VR “On the National Depository System and Features of Electronic Securities Circulation in Ukraine”. 1997. Retrieved July 06, 2020 (https://zakon.rada.gov.ua/ laws/show/710/97-%D0%B2%D1%80#Text)
Law of Ukraine No. 93/96-VR “On the Foreign Investment Regime”. 1996. Retrieved July 10, 2020 (https://zakon.rada.gov.ua/ laws/show/93/96-вр#Text)
Maydanyk, Roman. 2008. “Non-property negotiable legal relationship as a subject of civil law of Ukraine.” Pp. 32–59 in Almanac of Civilistic, edited by R. Maydanyk. Kyiv: Pravova Yednist.
Michurin, Yevhen. 2009. Limitation of Property Rights of Individuals (Civil Law Aspect). Kyiv: Research Institute of Private Law and Entrepreneurship named after Academician F.G. Burchak of National Academy of Legal Sciences of Ukraine.
Peitsch, Barbara. 1997. “Investment in Ukraine.“ The OECD OBSERVER 204: 30–32. Retrieved July 18, 2020 (http://oecdobserver.org/news/get_file.php3/id/63/file/Investment+in+Ukraine.pdf)
Resolution of the Cabinet of Ministers of Ukraine No. 937 “Procedure for issuing, accounting and redemption of promissory notes issued during the importation into Ukraine of property as contribution of a foreign investor to the statutory fund of an enterprise with foreign investment, as well as agreements (contracts) on joint investment activities, and payment of import duty in case of alienation of this property”. 1996. Retrieved July 17, 2020 (https://zakon.rada.gov.ua/ laws/show/937-96-%D0%BF#Text)
Resolution of the Verkhovna Rada of the Ukrainian SSR No. 1427-XII “On the Declaration of Independence of Ukraine”. 1991. Retrieved July 19, 2020 (https://zakon.rada.gov.ua/ laws/show/1427-12#Text)
Spasibo-Fateeva, Inna. 2000. Civil Law Problems of Joint-Stock Legal Relations. Kharkiv: Yaroslav Mudryi National Law University.
Spasibo-Fateeva, Inna. 2012. Civilistic on the Way to the Formation of Doctrines. Kharkiv: Zoloti Storinky.
The Civil Code of Ukraine. 2003. Retrieved July 26, 2020 (https://zakon.rada.gov.ua/laws/show/435-15#Text)
The Commercial Code of Ukraine. 2003. Retrieved July 24, 2020 (https://zakon.rada.gov.ua/laws/show/436-15#Text)
The Tax Code of Ukraine. 2010 Retrieved July 19, 2020 (https://zakon.rada.gov.ua/laws/show/2755-17#Text)
Downloads
Published
How to Cite
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Policy for Journals/Articles with Open Access
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work
Policy for Journals / Manuscript with Paid Access
Authors who publish with this journal agree to the following terms:
- Publisher retain copyright .
- Authors are permitted and encouraged to post links to their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work .
