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ACTUAL ISSUES OF LEGAL REGULATION OF CROWDFUNDING IN RUSSIA

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PDF: Author(s): Kolesnikov Yu. A., Sharapov M. Yu.,
Number of journal: 4(45) Date: November 2018
Annotation:

The work is based on the economic and legal analysis of the new category of crowdfunding, which is new for modern Russian reality, and the work itself is devoted to the problems of state and legal regulation of the activity on placement and attraction of investments using investment platforms. The authors of the article give a definition of the concept of crowdfunding, as well as the classification of its species. Based on the analysis of statistical data, a conclusion is made on the objective nature of the causes and sources of the formation of crowdfunding as a new social and economic phenomenon, as well as the prospects for its development and establishment as an independent institution of the economy of any modern state. Disclosure of the economic content of crowd‑funding and a description of its role and significance for the financial market have become the basis for recognizing the inevitability, necessity and expediency of the speedy state‑legal regulation of public relations arising in the sphere of attracting investments using investment platforms. According to the results of the analysis, the authors of the article formulated proposals as part of the formation of the foundations of regulatory and legal regulation of a new type of economic activity generated by modern trends in the development of financial relations in the conditions of the fourth industrial revolution, marked by the formation of the digital economy, and in defining common approaches to forms of state regulation this segment of the financial market on the basis of a combination of supervision through the conduct of a unified state th register of the subjects of this activity while monitoring their compliance with the mandatory requirements established by law and self‑regulation. The authors of the article formulate proposals for certain provisions of the draft Federal Law No. 419090‑7 “On attracting investments using investment platforms”, as well as regarding the introduction of innovations in tax legislation and the text of Federal Law No. 115‑FZ of 07.08.2001 “On Counteracting Legalization ( laundering) of proceeds from crime and the financing of terrorism”.

Keywords:

law, legislation, economics, digital economy, crediting, P2P lending, investment, investment platforms, crowdfunding, crowdlending, crowdinvesting.

For citation:

Kolesnikov Yu. A., Sharapov M. Yu. Actual issues of legal regulation of crowdfunding in Russia // Business. Education. Law. 2018. No. 4 (45). Pp. 268–273. DOI: 10.25683/VOLBI.2018.45.453.