State regulation of entrepreneurship and investment and innovation activities. Measures to ensure the protection of the rights of entrepreneurs in the field of investment activities

Investment law today is not only in the center of attention of society, but also requires a serious study of what has already been achieved, as well as a deep study of new ideas and concepts, the earliest creation in the economic life of the country of the main conditions for the implementation of a successful investment process, a change in mass psychology and serious mass education in this industries.

The transfer of free funds and assets into investments is a matter of public confidence in the state, invariable investment rules of the game, debugging an effective mechanism for protecting the rights and interests of mass investors, and a number of other factors, including state regulation of investment activity, on the one hand, as an economic process, and on the other hand the other is legal.

In the light of the foregoing, the current interest of society in this problem becomes understandable, and as for its study in the very recent past, it should be noted that domestic investment as such could not be the subject of study of both economists and lawyers for the simple reason that they are not was in principle.

It is paradoxical, but true: domestic investment law in the domestic legal scientific and practical sphere until the last moment remains practically unexplored in full. There are very few works on Russian investment law. Especially in light of the fact that domestic legal literature in recent years has been divided into branches and sub-sectors at an unprecedented pace. The latter has its own explanation.

The objective development of domestic jurisprudence is pushing specialists, forcing them to keep up with the times, to develop new sub-sectors, complex legal entities, industries, and institutions. So, it seems that in the near future we will “catch up and overtake America” in this area. This conclusion was made back in 2006, but it is worth noting that the situation has not fundamentally changed so far. The issue of domestic investment remains open from a legal point of view.

Today, the state of the Russian economy is characterized by the presence of negative phenomena associated with various factors, including the consequences of the global financial and economic crisis.

Nevertheless, in the medium and long term, the Russian state sets itself and society strategic tasks, including increasing the efficiency and competitiveness of production, and increasing labor productivity. The task is to stimulate the innovative orientation of the industry, reduce the economy's dependence on raw materials, and achieve the exit of a significant part of the business "from the shadows".

The solution of these tasks is impossible without creating favorable conditions for the development of investment relations, without the formation by the executive and legislative authorities of the legislation regulating this process, taking into account both the positive and negative historical and legal experience of Russia.

Problems of the existing legal regulation of investment relations, shortcomings of the Laws "On investment activity in the Russian Federation, carried out in the form of capital investments" and "On foreign investment in the Russian Federation" of 1999, as well as "On investment activity in the RSFSR" of 1991, as The main sources of regulation of the considered area of ​​legal relations have not yet been taken into account and not eliminated, which hinders the solution of the tasks facing the Russian state and society.

At present, the regulation of budget investment in financial legislation is carried out only in the most general terms.

This problem becomes especially acute in connection with the obvious need in recent years to quickly change the orientation of the development of the national economy from the expectation of foreign investment to the development of economic and legal foundations for domestic investment.

At the same time, it seems that in the context of the ongoing construction of a rule of law state, the effective implementation of existing statements about the need to increase the “social responsibility of business” (at present, unfortunately, they are only declarative and extra-legal in nature) is impossible without a systematic improvement of the existing regulatory framework.

In order to regulate investment activities, the state uses the most accessible and most effective regulator - the law. However, Russian legislation is unstable, commercial activity encounters many bureaucratic obstacles. In addition, Russia's legal system does not adequately protect foreign investors, and laws are often inconsistent.

In 2016, in connection with the current situation in the Russian Federation, the President set the task of increasing the level of investment activity of entrepreneurs.

To ensure the protection of entrepreneurs, the General Prosecutor's Office of the Russian Federation organized an audit of the implementation of legislation that ensures the protection of the rights of entrepreneurs in the field of investment activities. During the audit, an assessment will be made of the legality of the implementation by regional state authorities and local self-government bodies of the powers assigned to them on these issues.

The prosecutor's office was tasked with achieving the actual elimination of identified violations of the law and bringing to justice officials who impede doing business and developing investment activities. Entrepreneurs-investors who have encountered administrative barriers may apply to the prosecution authorities for the protection and restoration of their violated rights and legitimate interests.
The conclusion from the above can be called the need for a deep and systematic study of the investment process in general, including for systematizing the entire layer of legislation affecting investments in the Russian Federation, as well as state regulation of investment activities, in particular, since without regulation "from above" this process can turn into chaos even at the first steps of formation.

Prepared information. Balaban Eduard Fedorovich - head of the Moscow Anti-Corruption Committee at the Moscow Chamber of Commerce and Industry.

Investment activity is the most important tool for economic development. It is thanks to investments that new industrial facilities, shopping centers, research laboratories appear.

Legal regulation of investment activity in the Russian Federation is carried out on the basis of the following legal acts:

• Law of the RSFSR of 26.06.1991 No. 1488-1 "On investment activities in the RSFSR" with amendments and additions that do not contradict Federal Law of 25.02.1999 No. 39-FZ;
• Federal Law No. 39-FZ of February 25, 1999 (as amended and supplemented) “On investment activities in the Russian Federation carried out in the form of capital investments”
• Federal Law No. 46-FZ of March 5, 1999 (as amended and supplemented) “On the Protection of the Rights and Legitimate Interests of Investors in the Securities Market”, etc.

In addition to these four laws, there are many by-laws, instructions and other legal documents that explain the rights and obligations of investors.

Advice! Investment legislation overlaps with other regulations, so it is worth studying not only general laws relating to investment activity, but also legislation in the field of proposed investments.

Directions of regulation of investment activity

The legal regulation of investments in the Russian Federation covers a wide range of issues that arise in the course of investment activities, which contributes to the effective protection of investors.

Conventionally, regulatory legal acts regulating investment activity can be divided into laws regulating:

• investment activity carried out by non-residents;
• carried out by residents.

Directly for foreign investors, a law on foreign investments has been developed, which regulates their activities in the country.

Features of the legal regulation of investment activities in the Russian Federation suggest the possibility of investing financial resources in the form of:

• investment in capital construction;
• creation of a joint venture, etc.

Of course, the purchase of securities by foreign investors is not the best investment direction, since in this case a “new product” is not created. These are short-term investments that come in and out of the country quickly.

The state is interested in investors who create new industries, bring new technologies with them and introduce them at domestic enterprises. Another major area of ​​investment activity stimulated by the state is the modernization of production.

Unfortunately, many domestic enterprises have morally and physically obsolete equipment that needs to be changed, since modern production is basically impossible without the latest equipment.

Advice! State regulation in Russia has a lot of by-laws, which are not always included in the list of acts recommended for the investor to familiarize themselves with, so you should carefully read the reference norms of laws.

Fundamentals of legal regulation of investment activity regulate:

• the procedure for using production factors available on the territory, which can be used in investment activities;
• movement of funds allocated for the implementation of investment projects;
• taxation procedure, benefits and state guarantees;
• regulatory framework for investment activities.

Methods of state regulation of investments

Methods of legal regulation of investment activity include:

• in the form of movement of financial resources;
• regulation of investment objects;
• examination of investment projects;
• state control over compliance with accepted norms and standards;
• control over compliance with the rules of mandatory certification;
• regulation of investment activity of domestic investors abroad;
• assessment of the legality of the depreciation policy;
• concessional lending system;
• tax incentives and regulation of investment activities;
• control and regulation of investors' participation in privatization;
• providing the necessary financial assistance.

In the implementation of a competent investment policy, the role of the state is great, which deals with such issues as:

• formation of an optimal tax system that meets all the goals and objectives of the state and investors;
• development of special tax regimes that stimulate the activities of investors;
• providing preferential conditions for the use of natural resources of the state, in cases where a positive impact of investment activity on the economy is expected;
• stimulation of leasing operations;
• creation of a system for revaluation of fixed assets of organizations and enterprises.

One of the problem areas is the instability of the tax system. Formally, the Government does not change the taxation of entrepreneurs, but the number of various fees is constantly increasing. Often the investor is simply not able to keep up with all the innovations.

Natural resources often go only to state-owned companies, and entrepreneurs do not have the opportunity to use them at affordable prices.

Peculiarities of regulation of activities of foreign investors

The system of legal regulation of investments in the Russian Federation regulates the investment activities not only of residents of the Russian Federation, but also the activities of foreign investors. Foreign investors have restrictions when investing in the territory of the Russian Federation, associated with the limitation of the share of participation in certain types of enterprises in the country.

Investors have the opportunity to make capital investments in the following forms:

• invest in new construction;
• carry out reconstruction, expansion and technical re-equipment of existing enterprises;
• purchase machinery, equipment, inventory, tools;
• carry out design and survey work, etc.

Legal regulation of investment avoids various violations and is a tool for resolving disputes. Unfortunately, the Russian system does not always correspond to the realities of the time, so many investors prefer to register companies in countries with the English legal system, which maximally protects the property and interests of investors.

Problems and prospects of regulation of investment activity

Investment activities: the problems of legal regulation are related to the fact that, despite the importance of regulating investment activities, some provisions are still regulated by the legislation of the RSFSR.

While not the most favorable for investors. Non-transparency of procedures, corruption, problems of law enforcement and judicial systems remain a big problem.

The instability of the banking system is also an obstacle to improving the investment climate, as there are great difficulties in obtaining long-term loans at an acceptable rate. Investments in production give a return after many years, and not very high profitability of production will not allow paying high interest on loans.

In the future, the international political and economic situation will have a great influence on the volume of investments. The devaluation of the Russian currency does not allow in the near future to increase foreign investment, so it is necessary to create attractive conditions for domestic investors and look for new ways of financing.

In recent years, the state has begun to create priority development zones, technology parks, investment sites, investment funds and agencies that are designed to make it easier for investors to work on the domestic market.

Advice! New forms of investment offered by the state are quite profitable, so do not be lazy, study the information.

ADMINISTRATION

KRYLOVSKY RURAL SETTLEMENT

KIROVSK MUNICIPAL DISTRICT

OF PRIMORSKY REGION

R A P O R I W E N I E

May 23, 2016 With. Krylovka No. 30

On elimination of violations of legislation ensuring the protection of the rights of entrepreneurs in the field of investment activities

The Prosecutor's Office of the Kirovsky District carried out an inspection in pursuance of the task of the General Prosecutor's Office of the Primorsky Territory on the issue of compliance with the legislation ensuring the protection of the rights of entrepreneurs in the field of investment activity, as a result of which the following was established.

According to Art. 3 of the Federal Law of the Russian Federation dated 01.01.2001 "On investment activities in the Russian Federation, carried out in the form of capital investments" (hereinafter referred to as the Federal Law), the objects of capital investments in the Russian Federation are various types of private, state, municipal and other forms of ownership newly created and (or) modernized property, with exceptions established by federal laws.

In accordance with paragraph 1 of part 1 of Art. 19 of the Federal Law The regulation by local governments of investment activities carried out in the form of capital investments provides for the creation in municipalities of favorable conditions for the development of investment activities carried out in the form of capital investments, by establishing incentives for the subjects of investment activities for the payment of local taxes, protecting the interests of investors, providing to the subjects of investment activities that do not contradict the legislation of the Russian Federation, preferential conditions for the use of land and other natural resources that are in municipal ownership, to expand the use of public funds and other extra-budgetary housing construction and the construction of social and cultural facilities;

According to part 2 of Art. 19 of the Federal Law Local governments provide municipal guarantees on a competitive basis for investment projects at the expense of local budgets. The procedure for providing municipal guarantees at the expense of local budgets is approved by the representative body of local self-government in accordance with the legislation of the Russian Federation.

In accordance with paragraph 2 of part 1 of Art. 19 of the federal law, the regulation by local governments of investment activities carried out in the form of capital investments provides for the direct participation of local governments in investment activities carried out in the form of capital investments, through the development, approval and financing of investment projects carried out by municipalities, the examination of investment projects in accordance with the legislation of the Russian Federation, issue of municipal loans in accordance with the legislation of the Russian Federation.

According to part 3 of Art. 19 of the Federal Law Control over the targeted and effective use of local budget funds allocated for capital investments is carried out by bodies authorized by representative bodies of local self-government.

In the course of the inspection carried out by the prosecutor's office of the Kirovsky district, it was established that the requirements provided for by Art. 19 of the federal law is not implemented by the administration.

Failure to perform these functions entails the restriction of the rights of entrepreneurs in the field of investment activities.

Based on the foregoing, in order to eliminate violations of the current legislation

Administration of the Krylovsky rural settlement to develop:

Decree of the Administration of the Krylovsky Rural Settlement "On the Procedure for Municipal Regulation of Investment Activities on the Territory of the Krylovsky Rural Settlement, Carried out in the Form of Capital Investments".

1. For committed violations of the requirements of federal law

to announce a remark to the head of the Krylovsky rural settlement.

3. I reserve control over the execution of this order.

Head of the Krylovsky rural settlement

head of Administration

Krylovsky rural settlement

As a manuscript

TROFIMOV

Vladimir Alexandrovich

PROSECUTOR'S SUPERVISION OVER THE EXECUTION

LEGISLATION ON INVESTMENT ACTIVITIES

Speciality:

12.00.11 - judiciary, prosecutorial supervision,

law enforcement organization

Dissertations for the degree of candidate of legal sciences

Moscow - 2012

The work was carried out at the Department of Criminal Law and Special Disciplines of the NNOU VPO "Moscow University for the Humanities"

Doctor of Law, Professor,

Scientific director– Honored Lawyer of the Russian Federation Yury Vinokurov Doctor of Law, Professor

Official Opponents: Grigoriev Viktor Nikolaevich, Head of the Department of Criminal Law, Criminal Procedure and Forensic Science, Moscow Psychological and Social Institute

PhD in Law, Associate Professor Ashitkova Tatyana Vasilievna, Leading Researcher of the Department of Problems of Prosecution Supervision and Strengthening the Rule of Law in the Sphere of Constitutional Rights and Freedoms of Man and Citizen of the Research Institute

Lead organization- State University named after N.I. Lobachevsky"

The defense of the thesis will take place on May 10, 2012 at 16.00 at a meeting of the dissertation council D 521.004.06 at the Moscow University for the Humanities at the address: 111395, Moscow, st.

Yunosti, d. 5/1, educational building No. 3, room. 511.

The dissertation can be found in the library of the Moscow University for the Humanities.

Scientific secretary of the dissertation council, candidate of legal sciences, associate professor E.V. Belousova

GENERAL DESCRIPTION OF WORK

Relevance research topics. The global economic transformations taking place in Russia, the process of formation and development of market structures make it necessary to coordinate the role of the state in the economy. Determination of guidelines and prospects for the development of society, ensuring sustainable economic growth rates is possible only on the basis of a serious renewal of the forms and methods of state influence on economic processes. As the practice of developing market relations shows, the functioning of the country's economic complex is unthinkable without investments that ensure the continuity of reproduction, the development and implementation of industrial-innovative, social programs and projects that allow increasing production volumes, restructuring it, raising the technical level and efficiency, and most importantly - improve the quality of life of the population.

Investment activity is a process that affects the interests of not only the state, but also all sectors of society, private companies and individuals. In this regard, the state should correlate the interests of society, determined by its well-being, with the interests of entrepreneurial activity, regulating this activity, seeking, among other things, streamlining investment flows in order to create a favorable investment climate. To perform the function of regulating public relations, the state uses both economic and administrative methods of influencing investment activities through the adoption (publication) and adjustment of relevant laws and by-laws, as well as by pursuing an investment policy that is consistent with the national interests of Russia. One of such administrative and legal levers of influence is the activity of prosecutors aimed at ensuring accurate and uniform implementation of legislation on investment activities.

The practice of prosecutorial supervision shows that the state of legality in this area does not meet the requirements.

Violations of the rights and legitimate interests of the subjects of investment legal relations relate to almost all areas of this activity. In particular, there are numerous cases of adoption (publication) by regional government bodies and local governments of illegal legal acts that infringe on the rights of participants in investment activities or related to illegal interference in their work. Violations of the investment legislation by state bodies and officials with control and auditing powers are allowed. In the process of exercising their powers, there is often a lack of transparency in the verification and other activities carried out. There are facts of creating various administrative barriers in the exercise by investors of their rights (including by establishing procedures and prohibitions not provided for by law, unreasonable fees and payments), restricting competition and unreasonably granting preferences and privileges to individuals, demanding unnecessary documents, red tape when considering applications . There are also widespread facts of abuse of office by officials and manifestations of corruption.

At the same time, the subjects of investment activities do not always comply with the norms and standards established by law. Thus, some of them neglect the examination of investment projects;

presented project, industry or investment program. There are numerous facts of misappropriation of investment funds, even their plundering, additions to the volume of work performed, poor quality of their performance and other violations.

The unfavorable state of legality in the investment sphere makes it necessary to intensify and increase the effectiveness of prosecutorial supervision over the observance of the rights and legitimate interests of its subjects. Meanwhile, inspections of the implementation of investment legislation by prosecutors are not always of high quality, as a result of which individual violations remain unidentified, circumstances contributing to violations are often not established, and prosecutorial responses to violations are not always adequate to the public danger of these violations.

At the same time, there are reserves for improving prosecutorial supervision over the implementation of legislation on investment activity, and increasing its effectiveness. Prosecutors can achieve the best results by eliminating the mistakes made and improving, intensifying supervisory activities, applying new forms and methods of supervisory activities recommended by science and tested in practice. At the same time, theoretical developments, evidence-based recommendations aimed at improving prosecutorial supervision in this area are especially in demand.

dissertation research.

The degree of scientific development of the research topic. The problems of organizing and implementing prosecutorial supervision over the implementation of legislation in various fields of activity have been repeatedly considered in the scientific works of Russian scientists. Among them A.I.

Alekseev, V.I. Baskov, S.G. Berezovskaya, A.D. Berenzon, V.G. Bessarabov, A.D. Boikov, G.I. Brovin, K.D. Burmistrov, I.S. Viktorov, Yu.E. Vinokurov, A.Yu. Vinokurov, K.Yu. Vinokurov, V.V. Gavrilov, S.I. Gerasimov, V.G. Daev, T.N. Dobrovolskaya, V.K. Zvirbul, A.Kh. Kazarina, A.B. Karlin, A.F.

Kozusev, Yu.A. Kalenov, I.Ya. Cleaver, D.V. Krechetov, V.G. Lebedinsky, A.A.

Levy, V.D. Lomovsky, M.N. Margunov, V.G. Melkumov, L.A. Nikolaeva, M.Yu. Raginskiy, V.I. Rokhlin, V.P. Ryabtsev, V.M. Savitsky, K.F. Skvortsov, Yu.I. Skuratov, A.F. Smirnov, A.B. Solovyov, B.M. Spiridonov, A.Ya.

Sukharev, V.N. Osipkin, V.S. Tadevosyan, M.E. Tokareva, A.A. Chuvilev, V.I.

Shind, V.B. Yastrebov and others.

investment projects paid attention in their works to such theoretical economists as T.V. Andreeva, V.D. Andrianov, A.G. Afonin, I.T. Balabanov, E.V. Balatsky, V.S. Bard, N.A. Blank, A.V. Buzgalin, B.P.

Plyshevsky, V.V. Radaev, E.A. Utkin, A.B. Feldman and others.

In Russian legal science, the studies of M.M. Boguslavsky, A.G. Bogatyryova, V.P. Bugorsky, I.A. Vdovina, N.N. Voznesenskaya, A.A. Goryagin, V.V.

Gushchina, N.G. Doronina, V.A. Zimina, A.V. Kirina, M.E. Koveshnikova, V.N.

Kokina, R.A. Kurbanova, A.V. Mayfata, G.D. Otnyukova, A.M. Palankoeva, Yu.V. Potapova, N.G. Semilyutina, T.A. Serebryakova, V.V. Silkina, Yu.S.

Kharitonova, I.Yu. Tselovalnikova, T.V. Shadrina and others.

However, it should be noted that in these scientific works, the authors mainly considered general issues, including the organization and implementation of prosecutorial supervision over the implementation of laws, or certain aspects of the activities of the prosecutor's office that are not related to the investment sphere. An independent integral scientific study devoted to a comprehensive study of the problems of prosecutorial supervision over the implementation of investment legislation has not been conducted. No dissertation has been defended on this issue or another monographic study has been published. There are also no much-needed methodological manuals and developments on the organization and implementation of prosecutorial supervision in this area. Meanwhile, the theoretical and organizational-legal foundations for the implementation of prosecutorial supervision over the precise and uniform implementation of legislation on investment activities, as well as the practice of implementing such supervision, need scientific generalization and analysis.

Insufficient development of a number of scientific and practical issues, the objective need for their scientific understanding and analysis, determined the choice of goals, objectives, object, subject, structure and content of the study.

provisions on the specifics of prosecutorial supervision over the implementation of legislation on investment activities, as well as substantiation of the main directions for its improvement, quality and efficiency.

the need to resolve the complex of the following research tasks:

investment activities in the Russian Federation;

Disclosure of the content of prosecutorial supervision as one of the ways to ensure the rule of law in the field of investment activities;

investment legislation in the structure of prosecutorial supervision;

Consideration of the specifics of the organization of work in the prosecutor's office to supervise the implementation of the said legislation;

disclosure of the role of information support in science-based planning of work in the disclosed supervisory area;

- substantiation of the increasing role of prosecutorial supervision over the implementation of investment legislation;

- analysis of the powers of prosecutors in terms of their sufficiency;

legislation in the field of investment and the establishment of circumstances conducive to them;

revealed violations of the named legislation and showing their role in the prevention of offenses;

Substantiation of proposals aimed at improving, on the one hand, the legislation regulating the powers of prosecutors in the implementation of supervision over the implementation of laws in the investment sphere, and, on the other hand, investment legislation.

legal relations arising in the course of prosecutorial supervision over the implementation of legislation on investment activity in the Russian Federation.

The subject of the dissertation research is the problems associated with ensuring the effective implementation of the powers of prosecutors to supervise the implementation of legislation on investment activities at all stages of the supervisory process; with the definition of the main directions for its improvement and, first of all, the forms and methods of work that bring the best results in terms of strengthening the rule of law at the best cost of effort and means.

The methodological basis of the study was the dialectical method of scientific knowledge and general scientific methods based on it: analysis, analogy, induction, and others. In preparing the dissertation, private scientific methods for studying legal and social phenomena were also used: historical-legal, logical, system-structural, comparative-legal, statistical, and others.

The legal framework of the study is: the Constitution of the Russian Federation; legislation regulating investment activities, as well as the organization and activities of the prosecutor's office; laws and other regulations of the subjects of the Russian Federation and departmental regulations related to the subject of the study.

fundamental works of Russian scientists in the field of the theory of state and law, prosecutorial supervision, law enforcement, reflecting certain aspects of the object and subject of this study.

The empirical base of the study was the statistical data of the General Prosecutor's Office of the Russian Federation, the materials of the practical activities of the prosecutor's offices of Moscow and the Moscow region (certificates, memorandums, reviews, generalizations, acts of the prosecutor's response) for the period from 2005 to 2011. In the course of the study, in particular, 60 materials of prosecutorial inspections of the implementation of the said legislation, protests, 37 submissions, 26 statements of claim, 23 decisions on initiating proceedings on an administrative offense, warnings about the inadmissibility of violating the law, 71 prescriptions and decisions on bringing to administrative responsibility were studied. .

In addition, a survey was conducted of 92 prosecutors, whose competence includes, among other things, the supervision of legality in the investment sphere.

Scientific novelty research lies in the fact that the dissertation, among the first at the monographic level, carried out a comprehensive study of the mechanism for the implementation of prosecutorial supervision over the implementation of legislation on investment activities. The novelty also lies in a systematic approach to the study of the legal nature and content of the competence of the prosecutor in the implementation of supervision over the implementation of laws in the investment sphere; organizing the work of the prosecutor to ensure the precise and uniform implementation of the said legislation; as well as organizational and legal problems in the field of implementation by the prosecutor of the supervisory function in relation to the subjects of investment activity.

The dissertation presents a conceptual description of prosecutorial supervision over the implementation of legislation in the investment sphere developed by the author; its content and features are disclosed. In addition, the main shortcomings allowed by prosecutors in the organization and implementation of supervision over the implementation of investment activity legislation are analyzed, and possible ways to prevent them in the future are substantiated.

Based on the analysis of theoretical sources and practical activities of the prosecutor's office, the dissertation formulated a number of new scientific provisions, as well as proposals for improving the legislation on the prosecutor's office and especially valuable ones - to increase the efficiency of prosecutorial supervision over the implementation of investment legislation.

Basic provisions submitted for defense:

The author's definition of the concept of prosecutorial supervision over the implementation of legislation on investment activity, which should be understood as the specific supervisory and control activities of the prosecutor's office carried out on behalf of the Russian Federation, consisting, firstly, in the legal control of compliance with the procedure established by law for the transfer of funds or other property in cash assessment by one person, referred to as the investor, by another person, referred to as the recipient, of investments for the purpose of making a profit or achieving another socially useful result; secondly, in the aggregate of supervisory actions carried out by the prosecution authorities in order to verify compliance by financial and other entities with legal norms in the process of formation, distribution and use of financial resources in order to receive timely complete and reliable information on the implementation of state investment projects; thirdly, in the system of measures taken by the prosecutor's office to stimulate investment activity and, on this basis, the country's economic growth.

2. Justification that in the structure of prosecutorial supervision, supervision over the implementation of legislation on investment activity is a sub-direction of the direction of prosecutorial supervision over the implementation of economic legislation and the direction of prosecutorial supervision over the implementation of legislation on foreign economic activity of the branches of prosecutorial supervision over the implementation of laws and supervision over the observance of human rights and freedoms, and citizen.

3. Conclusion that in the future, in connection with the implementation of investment projects, an increase in the volume (amount) of funds circulating in the field of investment, omissions in the work of control bodies and, as a result, an increase in offenses, the role of prosecutorial supervision will be in the investment field.

4. Justification that the success of the human rights activities of prosecutors in the investment sphere in terms of strengthening the rule of law largely depends on how professionally, taking into account all the circumstances (the state of the rule of law, the qualifications of the staff of the prosecutor's office, the workload of other work, etc.), prosecutors will organize their work.

The organization of work is understood as a complex of objectively necessary elements (measures) aimed at the effective functioning of the prosecutor's office. The most important of these elements are the collection and analysis of information on violations of investment legislation, work planning and control over the implementation of plans, organization of interaction with control bodies and other bodies in the process of supervisory activities.

5. Classification of types of information characterizing the state of implementation of laws on investment activity and forming the basis of information support for the organization of prosecutorial supervision in this area: legal; organizational and methodological; on the development of investment activities; about violations of laws on investment activity; on the activities of law enforcement, enforcement of investment legislation.

6. Classification of the main (typical) shortcomings allowed by prosecutors in organizing and exercising supervision over the implementation of laws in the investment sphere (factors that negatively affect the effectiveness of prosecutorial supervision), namely: fragmentary (selective) coverage of inspections of the activities of supervised bodies, as a result of which information about violations of laws remains unverified; untimely inspections, when the elimination of identified violations becomes impossible or difficult;

low-quality (superficial) inspections due to unpreparedness for them, as a result of which not all violations of laws are detected; non-establishment during inspections of circumstances conducive to violations of laws; conducting inspections without the participation of specialists, when their participation is necessary; poor-quality preparation of acts of the prosecutor's response to violations of laws; failure to exercise proper control over the response; formal (superficial) exercise of supervision over the implementation of laws in the course of a preliminary investigation into cases of crimes in the investment sphere; passive position of arbitration cases in the courts, due to unpreparedness for trials, and other shortcomings.

7. Justification that the prerequisites for the successful implementation of prosecutorial supervision over the implementation of legislation on investment activity are: awareness (understanding) by prosecutors of the importance of the role of investment activity in the development of Russia; their sound knowledge of this legislation and practice of its implementation; a clear understanding of the role and capabilities of the prosecutor's office in ensuring the rule of law in the field of investment activities, the history of the development of prosecutorial supervision over the implementation of the said legislation; the ability to properly organize work on a scientific basis, in particular to organize the timely receipt of reliable information about violations of this legislation by the prosecutor's office, as well as interaction with control bodies and other bodies in the process of prosecutorial and supervisory activities;

mastery of the tactics and methodology of prosecutorial supervision both at the stage of identifying violations of laws, establishing the circumstances that contribute to them, and at the stages of their elimination and prevention; the ability to objectively evaluate the effectiveness of supervisory activities, which is the main evaluation category of the considered sub-direction of prosecutorial supervision, as well as all the multifaceted activities of the prosecutor's office.

the effectiveness of prosecutorial supervision over the implementation of legislation on investment activities can be: timely elimination of errors, shortcomings in work, including those previously mentioned; daily, continuous improvement of the qualitative characteristics of all supervisory activities; ensuring an integrated approach to the problem of strengthening the rule of law, in particular in the field of investment; improvement of the methodological base of prosecutorial supervision; improvement of management (leadership) of supervisory activities by higher prosecutors; improvement of legislation.

9. Proving that the improvement of the management of supervisory activities by higher prosecutors can go in such directions as: strengthening control over execution, as well as their guiding and coordinating role; providing methodological assistance to lower-ranking prosecutors by developing methodological manuals, instructions, regulations, reviews; conducting demonstrative inspections of the implementation of laws for employees of subordinate prosecutor's offices, as well as participation in inspections conducted by these employees; taking measures to eliminate the mistakes made in the lower prosecutor's offices in the exercise of supervision; strengthening control over the introduction into the practice of supervision of the latest achievements of science and practice, advanced methods and techniques for identifying and eliminating violations of laws; improvement of disciplinary practice.

10. Substantiation of proposals for improving the legal foundations of prosecutorial supervision over the implementation of investment legislation.

In particular, it is proposed to introduce the following amendments to the Federal Law "On the Prosecutor's Office of the Russian Federation": to provide, as a legal means of influencing prosecutors on violators of laws, such an act of response as an instruction, i.e. instruction, requirement to immediately stop illegal actions (inaction);

abolish all regulatory restrictions that prevent the prosecutor from filing claims with courts of general jurisdiction and arbitration courts in order to protect the rights and legitimate interests of both individuals and legal entities;

give prosecutors and their deputies the right to issue a decision to initiate disciplinary proceedings against persons guilty of violating the norms of the current legislation; expand the circle of persons in respect of which a decision to initiate proceedings on an administrative offense may be issued, including citizens; the right to submit acts of prosecutorial response to all prosecutors involved in the supervisory process.

It would also be necessary to codify investment legislation by developing and adopting the “Investment Code of the Russian Federation”, which would lead to some reduction in the number of regulations, which to some extent would facilitate the work of prosecutors.

of the study is that the provisions and conclusions formulated in the dissertation are of general theoretical importance for filling in the gaps and further developing the conceptual ideas of one of the areas of law enforcement - prosecutorial supervision.

The practical significance of the dissertation research lies in the fact that the conclusions, provisions and proposals contained in the work, when implemented, can help improve the quality and efficiency of the activities of prosecutors who oversee the implementation of legislation in the investment sphere.

The dissertation material can also be used as a scientific and methodological basis for the development of educational and methodological manuals, methodological developments (especially private methods) to identify and eliminate violations of investment legislation.

The provisions and conclusions presented in the dissertation can also be applied in law schools and institutions of additional professional education in the process of teaching the academic disciplines "Prosecutor's Supervision" and "Law Enforcement Agencies".

Approbation and implementation of the research results took place in the form of a discussion of the main provisions of the dissertation at meetings of the Department of Criminal Law and Special Disciplines of the Faculty of Law of the Moscow University for the Humanities. In the process of conducting the study, the author made a number of scientific reports at the scientific humanitarian university.

The main provisions of the dissertation research have been introduced into the practical activities of the prosecutor's office, are used in the educational process of the Moscow University for the Humanities, the National Institute of Business in teaching the academic disciplines "Prosecutor's Supervision", "Law Enforcement Agencies".

The main provisions of the dissertation research are set out in published scientific articles, including leading publications recommended by the Higher Attestation Commission of the Ministry of Education and Science of the Russian Federation.

The structure of the dissertation research. The dissertation consists of an introduction; three chapters, including ten paragraphs, containing a presentation of scientific research and revealing the topic of the dissertation;

conclusions, a list of used normative legal acts and literature, applications.

BASIC THE CONTENT OF THE WORK

In the introduction justifies the choice of the topic of the dissertation, its significance and dissertation research; characterizes the methodological and theoretical foundations of the work, its empirical base, reveals the scientific novelty of the study, as well as its theoretical and practical significance, sets out the main provisions submitted for defense, information about approbation of the results obtained and their implementation in practice.

First chapter"Legislation on investment activity and the role of the prosecutor's office in its implementation" is devoted to the definition of the concept of investment activity and its role in the development of the country;

characterization of legislation on investment activity as a sphere of prosecutorial supervision; determining the place of prosecutorial supervision over the implementation of legislation on investment activity in the structure of the investment sphere; as well as the history of the development of prosecutorial supervision over the implementation of legislation on investment activities.

The first paragraph "The concept of investment activity and its role in the development of the country" analyzes the concept of investment activity and its role in the development of our country.

The study showed that one of the necessary conditions for the successful development of the economy of any state is high investment activity, which is ensured by increasing the volume of investments being made and their most efficient use in the most significant areas of material production and the social sphere.

At present, numerous violations of this legislation are allowed, up to the embezzlement of investment funds, which does not contribute to improving the investment climate, scares off investors from investing in the economy and social spheres. Under these conditions, the role and importance of the law enforcement activities of the prosecutor's office, designed to oversee the implementation of investment legislation, is increasing. Prosecutorial supervision, which is of a universal supra-departmental nature, acts, on the one hand, as one of the important ways to ensure the rule of law in the field of investment and, on the other hand, as a legal means of activating and improving the activities of control bodies and other bodies.

In the second paragraph "Characteristics of the legislation on investment activity as a sphere of prosecutorial supervision"

the characteristic of the named legislation is given.

It is noted that one of the most important factors influencing the content of prosecutorial supervision in the field of investment activity is the existing system of legislation that determines the national legal regime of this activity, as well as regulating the principles and mechanism of the relationship of investors with state bodies, on the one hand, as well as with others. participants in economic relations and business entities - on the other.

Regulatory legal framework in the field of organization and implementation for a long period of time. It contains many reference norms and significantly complicates the process of law enforcement and complicates the implementation of prosecutorial supervision in this area of ​​legal relations.

In addition, the legislation on investment activity is very flexible, it is being improved taking into account the demands of practice: obsolete legislative acts are replaced, new acts are adopted or issued, changes are made to existing acts.

Thus, we can conclude that the multi-level system of legal regulation of investment activities is aimed at streamlining legal relations, investment activities.

In the third paragraph “The place of prosecutorial supervision over the execution of prosecutorial supervision over the execution of the named legislation in the structure of prosecutorial supervision and its role in ensuring legality in the investment sphere.

The study showed that one of the most important investment bodies is the prosecutor's office, which is entrusted with the supervision of the implementation of Russian legislation, including legislation on an independent way to ensure the rule of law in the field of investment activity. Supervision over the implementation of the said legislation has been carried out to one degree or another since the creation of the prosecutor's office in Russia (January 1722).

In the structure of the unified prosecutorial supervision, supervision over the implementation of legislation on investment activity is an independent sub-direction of the direction of supervision over the implementation of economic legislation and the direction of supervision over the implementation of legislation on foreign economic activity of the branches of prosecutorial supervision over the implementation of laws and supervision over the observance of human and civil rights and freedoms.

The subject of prosecutorial supervision over the implementation of the said legislation should be considered the identification of violations of the said legislation, the establishment of circumstances contributing to them (reasons and conditions), the suppression and elimination of these violations and circumstances, bringing the perpetrators to the responsibility established by law and taking measures to prevent such violations in the future. The content of the subject of prosecutorial supervision over the implementation of the legislation of this category mainly includes activities related to the processes of formation, distribution and use of financial resources by investment entities and public authorities of all levels and local self-government, characterized by a system of various cost indicators.

The object of prosecutorial supervision over the implementation of legislation on investment activity is the sphere of legal relations, the subjects (parties) of which are the public authorities, control bodies, officials, heads of commercial and non-profit organizations and other entities listed in the disposition of Article 21 of the Federal Law "On the Prosecutor's Office of the Russian Federation" subject to the jurisdiction of the prosecution authorities. Subjects of investment and legal entities that accept investments for the purpose of realizing and obtaining benefits or any other socially useful result also act as an object of prosecutorial supervision in this area.

In the fourth paragraph "The history of the development of prosecutorial supervision over the implementation of legislation on investment activities"

the issues of the evolution of prosecutorial supervision over the implementation of the above-mentioned legislation are studied.

It is noted that prosecutorial supervision over the implementation of legislation on investment activity as an independent sub-direction of the directions of supervision over the implementation of economic legislation and supervision over the implementation of legislation on foreign economic activity has been carried out in Russia for more than two centuries.

Prosecutorial supervision over the implementation of legislation on investment activity is objectively necessary in any society where commodity-money relations exist. Its role is great in a society dominated by state property, managed by administrative command methods, but in a democratic society with market forms of management, it increases many times over.

Second chapter"Organization of work on supervision over the implementation of legislation on investment activity" is devoted to the study of the content of the organization of work on supervision of the implementation of legislation on investment activity;

information support for prosecutorial supervision over the implementation of the said legislation as the basis for evidence-based planning; organizing the interaction of the prosecutor's office with other bodies in the exercise of supervision over the implementation of legislation on investment activities.

In the first paragraph "Content of the organization of work on supervision of the implementation of legislation on investment activity"

the problems and features related to the content of the organization of prosecutorial supervision over the implementation of legislation on investment activity are considered.

prosecutorial supervision over the implementation of legislation on investment activities largely depends on whether the work of specific departments of the prosecutor's office and employees of these departments exercising such supervision is properly organized.

The organization of the work of the prosecutor's office to supervise the implementation of the said legislation should be understood as a set of objectively necessary interrelated and complementary measures (activities or elements) for training, selection, placement, and advanced training of prosecutors; constant regulation (direction of their activities); providing them with all the necessary means; collection and analysis of information on violation of laws; analysis of the work of the prosecutor's office and its evaluation; planning work, monitoring the implementation of plans; organization of interaction between the structural divisions of the prosecutor's office and specific employees, other interested structures in order to prevent and suppress violations of the legislation on investment activities.

The work of the prosecutor in this sub-direction of supervisory activity should be built taking into account the fact that all the most pressing issues of ensuring the rule of law in the field of investment are in the field of view of the prosecutor's office. It is necessary to provide that this work is based on a well-thought-out long-term strategy for the activities of the prosecutor's office. Its organization is designed to ensure comprehensive accounting and use of the results of the work carried out in other areas of activity of the prosecutor's office. Supervision over the implementation of laws in the investment sphere should contribute to a systematic impact on the causes of financial and economic offenses, on the whole range of circumstances that contribute to their commission.

In the second paragraph "Information support of prosecutorial supervision over the implementation of legislation on investment activity as the basis of evidence-based planning" the role of information support in planning prosecutorial supervision over the implementation of legislation on investment activity is considered and analyzed.

According to the results of the study, it was concluded that the fulfillment of the tasks facing the prosecutor's office to supervise the implementation of the legislation of this category implies the availability of complete and objective information that allows for the analysis of changes in legislation, judicial practice, statistical data on bodies engaged in investment activities; the nature of the offenses committed in this area.

The information received by the prosecutor regarding the implementation of legislation on investment activities can be divided into the following groups: regulatory; organizational and methodological; on the development of investment activities; on violations of the legislation on investment activity; on the activities of law enforcement, regulatory and other state and non-state bodies related to the enforcement of the said legislation.

The most important elements of the organization of work for the implementation of legislation on investment activity is the collection of information about violations of this legislation, its analysis, work planning and organization of interaction with other bodies.

compliance with the legislation on investment activity"

the problems of organizing the interaction of the prosecutor's office with other bodies in the implementation of supervision over the implementation of this legislation are considered.

The results of the study showed that the organization of interaction between the prosecutor's office and the bodies endowed with control functions, law enforcement and other bodies is one of the most important elements of the organization of work in general, including the organization of work to supervise the implementation of legislation on investment activities.

The main directions of interaction of the prosecutor's office with the implementation of supervision over the implementation of the specified legislation are coordination and operational meetings; holding collaborative literature; joint preparation of draft normative legal acts;

involvement of specialists from control bodies to participate in prosecutorial checks; coordination of response measures to eliminate identified preventive and preventive work.

Third chapter“The powers of prosecutors to oversee the execution of the investigation of the powers granted to prosecutors aimed at identifying violations of the legislation on investment activities; to eliminate and prevent such violations; as well as the main directions for increasing the effectiveness of prosecutorial supervision over the implementation of legislation on investment activities.

In the first paragraph "The powers of prosecutors aimed at identifying violations of the legislation on investment activities"

analyzes issues related to the competence of the prosecutor to identify violations of this legislation.

The study showed that at present, prosecutors have sufficient powers to identify violations of laws, including in the investment sphere, and to establish the circumstances that contribute to these violations. The ultimate success of their activities depends on how well and professionally prosecutors exercise these powers. All the powers of prosecutors, in their essence and purpose, are supervisory actions of different content, carried out by prosecutors in the presence of legal grounds for this.

All supervisory actions must be, on the one hand, legal (enshrined in law) and, on the other hand, justified. They must be carried out at the right time and in the right place, at least in a timely manner, while it is still possible to eliminate the committed violation or stop its development into a more dangerous offense (to prevent the onset of more harmful consequences).

In the second paragraph "The powers of prosecutors aimed at eliminating and preventing violations of the legislation on investment activity" the powers of prosecutors are considered and investigated from the point of view of their sufficiency.

Based on the study, the author substantiates the conclusion that all the legal means of response provided for by law are to some extent used by prosecutors in the exercise of prosecutorial supervision over the implementation of legislation on investment activities.

Among them, the most frequently used are such means of prosecutorial protest of illegal legal acts, filing applications with courts for the recognition of legal acts as invalid or invalid, making submissions to eliminate violations of laws, issuing decisions to initiate proceedings on an administrative offense, issuing a warning about the inadmissibility of violating the law and handling claims to courts of general jurisdiction and arbitration courts for compensation for material damage caused to both individuals and legal entities.

As a legal means of influencing the prosecutor on the violator of the law, in the opinion of the dissertation, it is advisable to provide an instruction, i.e. instruction, requirement to immediately stop illegal actions (inaction). In addition, prosecutors and their deputies should conduct disciplinary proceedings against persons guilty of violating the norms of the current legislation, however, whose actions do not constitute an administrative or criminal offense.

the effectiveness of prosecutorial supervision over the implementation of legislation by the implementation of the said legislation.

(typical) shortcomings and omissions in the organization of prosecutorial supervision over the implementation of the said legislation are the following:

incomplete (selective) coverage of supervised objects by inspections;

untimely implementation of supervisory actions; low-quality inspections of the implementation of the said legislation;

failure to establish all circumstances conducive to violations of laws;

poor-quality and illiterate preparation of acts of the prosecutor's response; lack of proper control by prosecutors over the implementation of the requirements contained in the response acts; formal implementation of prosecutorial supervision over the implementation of laws in the course of a preliminary investigation.

In custody dissertation formulated the main conclusions and theoretical provisions, as well as recommendations for law enforcement practice.

reflection in the following scientific papers:

1. Trofimov V.A. Priority tasks prosecutorial supervision over the implementation of legislation on investment security in of the Russian Federation and the content of the organization of work on monitoring the implementation of legislation on investment security // Business in law. 2009.

No. 5. S. 252-255. 0.4 p.l.

response of the prosecutor to violations of the legislation on investment activity // Legal Science and Practice. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2011. No. 3 (16). pp. 320-323. 0.5 p.l.

"Prosecutor's supervision of investment activity" // Legal science and practice. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia. 2011. No. (16). pp.223-226. 0.4 / 0.2 p.l.

4. Trofimov V.A. Investment activity and investments // Topical issues of Russian law. Collection of scientific articles. Issue. 12.

M.: Publishing House of Moscow State University, 2009. S.102-106. 0.2 p.l.

5. Trofimov V.A. Characteristics of the Russian legislation on investment activities // Topical issues of Russian law.

Collection of scientific articles. Issue. 12. M.: Publishing House of Moscow State University, 2009. S. 106-112. 0, s.l.

investment activity // Topical issues of Russian law.

Collection of scientific articles. Issue 14. M.: Publishing House of Moscow State University, 2009. S. 89-92. 0.2 p.l.

7. Trofimov V.A. Primary tasks of prosecutorial supervision over the implementation of legislation on investment activity in the Russian Federation // Actual issues of Russian law. Collection of scientific articles. Issue. 14. M.: Publishing House of Moscow State University, 2009. S. 92-97. 0.3 p.l.

8. Trofimov V.A. Normative-legal bases of investment activity in the Russian Federation // Problems of implementation of modern legal relations: materials of the All-Russian Scientific and Practical Conference. Nevinnomyssk: NGGTI, 2011. P.129-132. 0.3 p.l.

9. Trofimov V.A. On some issues of organizing work on supervision of the implementation of legislation on investment activity in the Russian Federation // Ensuring the rule of law in the Russian Federation:

materials of the scientific conference held at the Faculty of Law of Moscow State University on November 24, 2011. M: MosGU, 2011. S. 169-171. 0.3 p.l.

Publishing house of NNOU VPO "Moscow University for the Humanities"

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Entrepreneurship is an extremely important area for the development of the national economy. The state supports the entrepreneurial activity of the society in every possible way. But it is forbidden for state authorities and local self-government to engage in it.

Entrepreneurship is characterized by high profitability and socio-political significance, but also weak viability and vulnerability, so it needs state regulation, support and development.

To the main system elements state regulation of entrepreneurship include:

– the policy of denationalization and privatization;

– antimonopoly policy;

– institution of bankruptcy of business entities;

– regulatory and legal support for the development of entrepreneurship;

– administrative-economic and financial-credit regulation and deregulation of entrepreneurship;

– informational and program-targeted support of entrepreneurship.

conditions normal functioning and development entrepreneurship are:

– stable monetary system;

– legal protection of entrepreneurs;

– a stable, stimulating taxation system that would facilitate investment and reinvestment of funds in the field of entrepreneurship;

– a developed system of market infrastructure to support entrepreneurship (commercial banks, commodity exchanges, insurance companies, information and marketing firms, consulting, educational organizations, etc.);

- state support for the establishment, registration, financing and lending of entrepreneurship;

– a transparent and simple procedure for state regulation of entrepreneurial activity;

– effective protection of intellectual and material property.

Main means of regulatory influence states on the activities of business entities:

– state order, state task;

– licensing, patenting and quotas;

– certification and standardization;

– application of standards and limits;

– regulation of prices and tariffs;

– provision of investment, tax and other benefits;

– provision of subsidies, compensations, targeted innovations and subsidies.

State regulation of the private sector of the national economy is carried out through budget financing of institutions and public procurement of goods and services for public needs, state orders and state tasks. The state order is carried out through the formation on a contract basis of the composition and volume of products necessary to meet state (public) needs and placement among enterprises, regardless of the form of ownership. The form of state order is a state contract - an agreement between the state and business entities for the manufacture of a certain product or the provision of services, incl. for export.

In order to provide economic incentives for the fulfillment of government orders, the Cabinet of Ministers of Ukraine provides income tax benefits, targeted grants and subsidies, loans on preferential terms, foreign currency, customs and other benefits.

For enterprises supplying the most important resources, special quotas may be set for the mandatory sale of these resources to executors of state orders. The Cabinet of Ministers, other executive authorities may also establish state tasks that are mandatory for business entities. All this work is carried out by the Interdepartmental Commission for the Regulation of the Procurement of Goods for State Needs under the Cabinet of Ministers of Ukraine, the Public Procurement Department under the Ministry of Economy, and other departments.

The great role of the state in the implementation and regulation investment activity. Central and local authorities and administrations at the expense of budgetary, extra-budgetary funds and borrowed funds, as well as state enterprises, at the expense of their income, carry out public investment.

The activity of the state in regulating and organizing investment activity in the country is the content of the investment policy of the state, which is implemented on the basis of a set of legal, organizational, administrative and economic measures of the state.

The investment policy of the state is determined by the following factors:

– the level of development of the national economy;

– the structure of the economy and tasks for its optimization;

- the state of fixed capital and the efficiency of its use;

- the level of scientific and technological development of the country;

- the financial capacity of the state;

– level of market infrastructure development.

aim The state investment policy is to create a competitive environment and ensure structural changes and GDP growth through improving the investment climate in the country, developing and intensifying investment processes, directing investments to priority sectors and programs.

State regulation of the investment process in Ukraine is carried out by direct investment management, regulation of the conditions of investment activity (Laws of Ukraine "On investment activity", "On foreign investment", "On securities and the stock exchange", etc.), control over the legality of investment activities all participants in the investment process and investors (the Economic Code of Ukraine, etc.).

Direct investment management involves:

– forecasting, planning and programming of the development of the national economy, its structural elements;

– formation of the budget and the volume of state financing of investments;

– planning of centralized public funds;

– placement of government contracts and control over their implementation;

– determination of the conditions for the implementation of investment projects, their expertise, etc.

Regulation of conditions investment activity is carried out by the state with the help of such tools:

– taxes and tax benefits;

– monetary and depreciation policy;

- provision of financial assistance in the form of grants, subsidies, subventions, budget loans for the development of certain regions, industries, industries;

- determination of the conditions for the use of land, water and other natural resources;

– price regulation;

– conducting an examination of investment projects;

– regulation of the participation of investors in the privatization of state property;

– ensuring investment protection;

– formation of state norms and standards, etc.

The state creates favorable conditions for effective scientific and technical activity. State science and technology policy comprises:

– determination of goals, priorities and directions of scientific and technological development of the country;

– development and implementation of programs for the formation of innovative centers of technological growth;

– formation of conditions for the development of scientific and technological progress and the introduction of its results into production;

– development of financial, economic and legal mechanisms for regulating and stimulating scientific, technical and innovative processes;

– creation of promising research institutes and laboratories for fundamental and applied research;

– creation of an organizational structure for managing the scientific and technical sphere, etc.

State regulation of innovation activity carried out by:

– formation and implementation of state, sectoral, regional and local innovation programs;

– financial support for the implementation of investment projects;

– stimulation of commercial banks and other financial and credit institutions lending to the implementation of investment projects;

– establishment of preferential taxation of subjects of innovative activity, etc.

The sources of financial support for innovation activity are:

– funds from the State Budget of Ukraine;

- funds of local budgets;

– own funds of specialized state and communal innovative financial and credit institutions;

- own or borrowed funds of the subjects of innovative activity;

– Funds (investments) of any legal entities and individuals, etc.

In order to comply with the requirements of the legislation on innovation activities by all economic entities, state control is exercised in this area, and an examination of innovative projects is carried out. At the same time, the state guarantees innovation activity (support for programs and projects, protection and protection of intellectual property rights, protection against unfair competition, free access to information, training and retraining of qualified personnel, etc.).

Summarizing what has been said in this topic, we draw the following conclusions.

The market form of economic organization is characterized by the principle of its self-regulation based on the interaction of supply and demand in a competitive environment: the market subordinates production to social needs in the form of effective demand. The market directs resources to the production of those products that are most needed by society, promotes the introduction of new technologies, increase production efficiency, etc. But in a real market economy, situations arise when the market mechanism does not ensure the full and efficient use of resources and their rational distribution. Such situations create regulatory shortcomings of the market:

- the impossibility of competition due to the formation of monopolies based on the concentration of capital;

– failure of the market to provide people with public goods and services;

- insufficiency and imperfection of information regarding market signals;

– Economic instability due to prolonged decline in production, excessive unemployment, high levels of prolonged inflation

The need to solve these problems, which accumulate in society and cannot be solved automatically on the basis of private property and competition, requires significant investment in low- or unprofitable facilities, which are essential to continue macroeconomic reproduction and ensure social tranquility. This task is solved by the state, which performs precisely those economic functions that the market does not perform.