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Publication date: 24.01.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Activities in the field of investment are always accompanied by certain risks: economic instability, unscrupulous fulfillment of the terms of the contract by the counterparty, or pressure from the authorities - and therefore the issue of protecting the rights of subjects of investment activity is extremely important. In general, investment activity should be understood as a set of actions of subjects regarding the implementation of investments, which is ensured by the implementation of relevant projects, certain operations with corporate rights and securities.
In any case, a contract is concluded between the customer, or the so-called founder, and the investor himself, as an economic and legal agreement aimed at quality regulation of all aspects of investment.
- At the same time, there are cases when the conspirator does not fulfill his part of the contractual obligations, which not only leads to losses, but also in certain cases makes further investment activities impossible.
- According to Art. 19 of the Law "On Investment Activities", disputes arising as a result of investment activities may be considered by the court, and therefore it is important to consider in detail such a way of protecting the rights of investors.
Peculiarities of judicial protection of investors' rights:
First of all, it is worth paying attention to the very scope of rights granted to the investor, namely: the right to freely determine the scope, direction and goals of investments, to transfer the right to own, use and dispose of investments to other subjects (individuals or legal entities), to involve for proceedings investment activities, credit funds, or in the form of the issue of securities, as well as to freely own, dispose of and use the results of investment activities, reinvestment, etc.
- Based on this, it can be noted that the scope of investors' rights covers both the process of preparation for investment activity (finding sources of obtaining funds, determining the amount of investment and the purpose of investment) and the final stage at which the investor already gets the opportunity to dispose of the results of investment activity.
- According to Art. 20 of the Law "On Investment Activities" it is determined that the entity, failing to comply with its contractual obligations in the field of investment, will bear property and other liability, which is specified in the concluded contract and legislation.
From this follows the primary method of protection of the contractual nature in the form of penalty, penalty, fine, which can be collected by the investor from the customer.
Along with this, a method of pre-trial settlement of the dispute in the form of mediation or other conciliation procedures is available.
There are cases when, having implemented more than one method of pre-trial dispute resolution, the party that received losses does not achieve a proper result that would satisfy its needs, and therefore, in such a case, an appeal to the court is relevant.
Regarding the determination of the jurisdiction of cases related to the protection of the rights of investors, it can be noted that disputes arising from the conclusion, change, termination or execution of transactions in economic activity, the parties of which are legal entities or sole proprietorships, corporate disputes, as well as those that arise from transactions related to shares, shares, shares and, in general, corporate rights in a legal entity - are considered by commercial courts, and it is to them that a lawsuit must be filed.
As for the statute of limitations, it can be both general (3 years) and special, depending on the claim with which the plaintiff applies to the court.
The general procedure for judicial protection of investors' rights:
1. The first step is the preparation of the main procedural document that will be used to initiate the case in court - the statement of claim. The importance of the lawsuit lies in the fact that further success in the case will depend on the correctness of the stated circumstances and wording of the requirements and therefore, the services that a business protection lawyer can provide when drafting it are extremely important. The statement of claim must contain the name of the court to which it will be submitted, information about the plaintiff and the defendant, a brief description of the circumstances of the case, determination of the price of the claim, formulation of the claims, a description of the applied measures for pre-trial settlement of the dispute and a list of evidence attached to it. Copies of it, a receipt for court fees and evidence are attached to the completed claim. You should submit a claim to the local commercial court in writing, or with the help of an electronic court.
2. The next stage is consideration of the case on its merits. If the court opened proceedings in the case, then a trial must take place within 60 days. At this stage, all the planned stages of the economic process will be implemented, and the result is a court decision. Copies of the decision are delivered to the parties to the case after it is announced.
3. If the claims were satisfied, then the question will arise about the execution of the court decision, which will be carried out in accordance with the court order, which will have the force of an executive document.
Legal services for business:
If a dispute arises during the investment process, you should not delay, but immediately contact a lawyer.
A business lawyer will help in choosing a reliable method of protecting violated rights, in implementing the chosen method, including preparing the necessary documents, collecting evidence and representing the client’s interests in court.
Consequently, a lawyer for business is an indispensable assistant who ensures that all steps taken are in compliance with current legislation and will eliminate unnecessary expenditures of time and money for his client through legal analysis and optimization of the efforts made.
