Novels in the field of control over foreign investments in strategic sectors of the economy

Abstract

The article explores a new legal mechanism that extends the authority of the Federal Antimonopoly Service to control the implementation of foreign investments not only to business entities of strategic importance, but also to any other Russian business entities that, according to the antitrust authority, are of key importance to the Russian economics.
The problems of legal uncertainty regarding the mandatory prior coordination with the antimonopoly regulator of a transaction involving a foreign investor have been identified to differentiate legal consequences for violation of the provisions of special legislation depending on the actual presence of a threat to the defense and security of the Russian Federation.
It is concluded that it is necessary and advisable to classify it as a business entity by virtue of its implementation of a type of activity that is adjacent to a strategic one (which is part of the technological process of a strategic type of activity as an integral part of it).