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NATIONAL LEGAL
PROTECTION GUARANTEES
FOR FOREING INVESTMENTS
LEVAN KOKAIA
Lawyer
Presented Article reviews legal safeguards for foreign investments in Georgian
legislation. Specifics of the national, direct foreign, portfolio and state investments,
as well as concepts of various investments, are widely described in the
Article. Author believes that expropriation is one of the major risks for foreign
investments and carrying out relevant investment activities. Author defines direct
and indirect forms of expropriation. Along with that, author offers deep analyzes
of the regulations of the institute of expropriation in accordance with the Constitution
of Georgia and other legislative means. Meaning of the forms of indirect
expropriation of foreign investments is analyzed, in accordance with the Constitution
of Georgia and other legislative acts. Criminal law mechanism of property
expropriation is considered to be the only direct expropriation means.
Article reviews rights of foreign investors that are stipulated in various
legislative acts. Specifically, equal legal safeguards, anti discriminatory legislative
means for local and foreign investors. Functions of the National Investment
Agency under the Ministry of Economic and Sustainable Developments are
described as well. It is basically expressed in legal cooperation with foreign
investors and providing incentives for the activities.
Summing up the article, author expresses his opinion, that foreign investors’
activities are strongly protected by acting Georgian legislation from negative
affects of direct expropriation, this will definitely raise the potential of
foreign investments in Georgia.
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