Legal Consequences of Void Transactions on the Acquisition of Strategic Assets by Foreign Persons

The article deals with some topical issues of the invalidity of transactions made for the purpose contrary to the foundations of law and order and morality. The author focuses on the consequences of the invalidity of void transactions for the acquisition by foreign investors of the assets of Russian strategic companies. The issues of application as consequences of invalidity of transactions made in violation of the legislation on foreign investments, restitution, collection of shares (shares) of a strategic company, its fixed production assets into state income are considered. As part of the study, the author substantiates the attribution of transactions for the acquisition of strategic assets by foreign persons in violation of the law to invalid transactions burdened with the defect of the illegality of their content. The conclusion is formulated about the need to comply with an increased standard of proving the invalidity of a void transaction, corresponding to the standards used when appealing against voidable transactions. The author concludes that the measures of state coercion in the form of recovery of shares, fixed production assets of a strategic company acquired in violation of the law, are measures that are adequate and commensurate with the consequences of violation of the legislation on foreign investment in strategic sectors of the economy, which is an integral part of the foundations of the rule of law, and are predetermined by constitutionally significant goals to ensure the defense of the country, the security of citizens, society and the state.

foreign investment, strategic society, national defense, state security, deal with vice, invalidity of transactions, nullity of transactions, restitution, foreclosure on income, disenfranchisement