Fedorchuk D. Regime of Foreign Direct Investment (Comparative Research)

Research object: complex of relations connected to foreign investment. Research subject: legal regime of foreign direct investment in Ukraine and other countries. The goal of the research is advancement of theoretical bases and development of practical recommendations as to improvement of foreign direct investment regime based upon comparative legal research of regimes in Ukraine, other countries and at the international plane. Methods of research: formal logical, historical, statistical, method of analysis and synthesis, comparative. Theoretical and practical significance: notion of direct foreign investment is defined; need for introduction of the "absolute standard" regime is proven; the notion and content of the trade related investment measures under the WTO agreements are defined; the principle of the protection of legitimate expectations is spelled out; definition of the foreign direct investment regime is improved; the concept of guarantees of investment by foreign undertakings is improved; content of the foreign direct investment regime under EC law is specified; the concept of the forcible takeover of foreign investment and content of guarantee of compensation in case of forcible takeovers are improved. The applied nature of research allows implementation of its result into practical work with registration of foreign investments as well as dispute resolution by the courts. Conclusions and recommendations are used in practical activity of the representative office of the company Societe pour l'exportation des produits Nestle S.A. Research materials have been implemented into teaching a discipline „Comparative contract right". Scientific novelty: first in Ukrainian legal science complex comparative research on the foreign direct investment regime, on the basis of which new scientific theses and suggestions are developed toward improvement of foreign direct investment in Ukraine. The field of implementation of results: undertakings activities; subjects of legislative initiative, in particular, Committees of the Supreme Rada of Ukraine in drafting new and improving effective foreign investment legislation; activity of higher educational establishments.