Regulation of Combining Brokerage Activities in the Securities Market in the Legislation of the EAEU Countries

  • Renat K. KANATOV Department of Civil Law and Procedure and Private International Law, Law Institute, RUDN University, Moscow, Russian Federation

Abstract

This research is devoted to the analysis of legal norms on combining brokerage activities in the securities market with other types of entrepreneurial activity in the countries of the Eurasian Economic Union. Recently, consideration of issues of harmonization of the legislation of the countries of the Eurasian Economic Union has gained particular importance in conditions of ensuring freedom of movement of goods, services, capital and labor, pursuing a coordinated, consistent or uniform policy in economic sectors within the framework of the Eurasian Economic Union; the formation of a single market for goods, services, capital and labor  within the Eurasian Economic Union; creation of conditions for stable development of the economies of the countries of the Eurasian Economic Union in the interests of improving the living standards of their population; comprehensive modernization, cooperation and competitiveness of national economies in the global economic space. In this regard, the aim of the article is to identify problems and develop provisions for harmonizing the legislation of the countries of the Eurasian Economic Union in terms of combining brokerage with other types of professional activities in the securities market in the countries of the Eurasian Economic Union. The results of the study in this article can be used in law-making to harmonize the legislation of the countries of the Eurasian Economic Union in the field of regulation of brokerage in the securities market, as well as in scientific research in the field of civil and business law.


 

References

[1] Belikova, K.M. 2008. Restriction of freedom of contract in the field of antitrust regulation. Russian Journal of Law 6: 82-90.
[2] Belikova, K.M., and Akhmadova, M.A. 2018. Legal characteristic of the concept of ‘investor’ and its relationship with the forms of implementation of investment activity in China. International Law 3: 20-34.
[3] Belikova, K.M., Badaeva, N.V., Akhmadova, M.A., and Khoshobina, N.A. 2018. Specifics of the mechanism of civil regulation of investment relations: Russia’s results. Journal of Advanced Research in Law and Economics 9(33): 894-904.
[4] Bezbakha, V.V., Ponki, V.F., and Belikova, K.M. (Eds.). 2011. Civil and commercial law of the European Union (major institutions). Publishing House of UDN.
[5] Federal Law ‘On ratification of the Treaty on the Eurasian Economic Union’ No. 279-FZ. 2014. http://base.garant.ru/70754208/.
[6] Federal Law ‘On the Securities Market’ No. 39-FZ. 1996. http://www.consultant.ru/document/cons_doc_LAW_10148/.
[7] Kanatov, R.K. 2016. On the issue of harmonization of the legislation of the EAEU countries regarding the combination of brokerage and banking activities in the securities market: analysis of foreign experience. In: Comparative Law and Problems of Private Law Regulation in Russia and Foreign Countries: Materials of the International Scientific-Practical Conference Named After V.K. Puchinsky, 74-80. RUDN.
[8] Law of the Kyrgyz Republic ‘On the Securities Market’ No. 251 2009. http://cdb.minjust.gov.kg/act/view/ru-ru/202677/40?cl=ru-ru.
[9] Law of the Republic of Armenia ‘On the Securities Market’ No. ЗР-195. 2007. http://base.spinform.ru/show_doc.fwx?rgn=66322.
[10] Law of the Republic of Belarus ‘On Architectural, Urban Planning and Construction Activities in the Republic of Belarus’ No. 300-Z. 2004. http://www.pravo.by/document/?guid=3871&p0=H10400300.
[11] Law of the Republic of Belarus ‘On the Securities Market’ No. 231-Z. 2015. http://www.pravo.by/document/?guid=3871&p0=H11500231.
[12] Law of Kazakhstan ‘On the Securities Market’ No. 461 2003. https://online.zakon.kz/document/?doc_id=1041258.
[13] Noskov, V.A., and Abramkina, E.O. 2009. Features of attracting foreign direct investment in Russia. Vestnik SamGUPS 6-1: 49-52.
[14] Regulation of the Central Bank of the Russian Federation No. 481-P ‘On licensing requirements and conditions for professional activities in the securities market, restrictions on combining certain types of professional activities in the securities market, as well as on the procedure and terms for submission to the Bank Russian reports on the termination of obligations related to the implementation of professional activities in the securities market, in case of cancellation of the license of a professional participant in the securities market’. 2015. http://www.consultant.ru/document/cons_doc_LAW_185227/.
[15] Resolution of the Board of the National Bank of Kazakhstan No. 120 ‘On Combining Types of Professional Activities in the Securities Market’. 2012. https://tengrinews.kz/zakon/natsionalnyiy_bank_respubliki_kazahstan/finansyi/id-V030002583_/.
[16] Semenov, A.V. 2005. Legal status of securities market participants: regulatory issues. Moscow University of the Ministry of Internal Affairs of Russia.
[17] The Regulation of the Council of Ministers of the Republic of Belarus No. 252 ‘On certification of legal entities and individual entrepreneurs engaged in certain types of architectural, urban planning, construction activities (their components), the performance of work on the inspection of buildings and structures’. 2014. http://www.pravo.by/document/?guid=12551&p0=C21400252&p1=1&p5=0.
[18] Toguzova, M.B. 2012. Legal regulation of relations between the parties to a brokerage agreement. North Ossetian State University named after K.L. Khetagurov.
[19] Yudenko, M.N. 2016. Tools and technologies for the organization of the construction business. St. Petersburg State University of Economics.
[20] Zorkin, V. 2004. The officials will remove the damage. https://www.lawmix.ru/articles/5712.
Published
2019-12-31
How to Cite
KANATOV, Renat K.. Regulation of Combining Brokerage Activities in the Securities Market in the Legislation of the EAEU Countries. Journal of Advanced Research in Law and Economics, [S.l.], v. 10, n. 7, p. 1994 – 2001, dec. 2019. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/4967>. Date accessed: 23 nov. 2024. doi: https://doi.org/10.14505/jarle.v10.7(45).07.