Responsibility of the Operator of the Investment Platform for Losses Caused to the Investor (Russian and Foreign Experience)
摘要
The present article is devoted to the study of the liability of the investment platforms operator for claims of investor’s damages. The authors consider that this problem has a theoretical and practical signification, is discussed on the world scientific forums but not in Russian legislation. The institution of non-banking financing rapidly develops and the growth rates of investment activity of business and citizens have gained good indicators. For the Russian Federation, organizational, material and social guarantees of saving money of the population are of particular value, which were previously entrusted exclusively to state institutions, and in recent decades have been placed and used by private structures, although not always in the interests of citizens. To solve the problems that have arisen, the prevention of fraud and other financial crimes has intensified, new legislation on the securities market, on the national payment system and payment services, on investment and financial platforms has been adopted. It is necessary to provide legal and information and educational support for the popularization of new financial institutions, such as platform investments. State support for investment platforms will stimulate the development of domestic small enterprises, minimize the risks of investment losses, simplify and accelerate the collection of funds for significant socio-economic projects. At the same time, legal regulation should create reliable foundations for the protection of investors’ rights, therefore, the analysis of the problem of responsibility of operators of investment platforms will make a new contribution to the formation of lasting prerequisites investment market.