Legal Regulation of Investment Funds Activities

The purpose of this dissertation is to study the problems associated with the lack of basic definitions in the legislation, as well as the inconsistency of certain provisions of the law. To achieve these goals, the following tasks were set: 1) to study the concept of mutual investment fund and to determine its legal nature; 2) to determine the legal nature and features as the property complex; 3) to analyze the legal regime of mutual investment funds as a form of collective investment; 5) to analyze the relationship of the legal status of the founder of trust management and the beneficiary; 6) to explore the features of taxation of mutual investment funds; 7) to conduct a comprehensive analysis of the trust management agreement; 8) to consider the procedure for creating and terminating the mutual investment fund. The actuality of this dissertation is confirmed by the fact that various positions are being put forward in the scientific legal literature on the concept of mutual investment fund, since its concept as a property complex is not disclosed in legislation. Moreover, in this dissertation, the mutual investment fund is considered as a form of collective investment, while in the legal literature there are other views on its status in the framework of collective investment, which seems to be due to the fact that the in the law the concept of Collective investment is not diclosed. Also in this dissertation were identified legislative problems that cause discussions about the correlation between the notions of "legal regulation" and "legal regime", about the legal status of the parties to the trust management agreement of the mutual fund and aboutthe terms of the contract. In addition, in this dissertation are considered the options for solving theoretical problems and gaps in legislation.