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  • Possibilities And Prospects Of Applying The Corporate Veil Doctrine As A Tool Of Russian Foreign Policy Modification

Possibilities And Prospects Of Applying The Corporate Veil Doctrine As A Tool Of Russian Foreign Policy Modification

Student: Matenkova Kseniya

Supervisor: Oxana Oleynik

Faculty: Higher School of Law and Administration

Educational Programme: Lawyer on the Global Financial Market (Master)

Year of Graduation: 2020

The relevance of the research is determined by the fact that Russia’s current system of foreign policy is largely outdated and does not allow to fully respond to challenges and threats due to the archaic conceptual framework. The dynamical changes in the modern international environment, such as globalization, the emergence of non-state actors in international relations and the policy of double standards in international legal disputes require a significant reshaping of the Russian Federation’s foreign policy strategy towards the use of some legal instruments innovative for the post-Soviet countries, but often used in German and Anglo-Saxon legal practice. The practice of extrapolating corporate policy to state institutions and the "diluting" role of the state in international life, as well as the need for political establishment to consolidate their efforts with business elites require a careful examination of the legal mechanism that includes innovative political tools. In particular, the doctrines of "removing the corporate veil" and of “beneficial ownership”. In view of the above, the study of the possibilities to reform Russia's foreign policy in the face of new legal challenges, as well as the possibilities of using national business environment to pursue the state's foreign policy interests, is of particular relevance both in practical and scientific terms. The object of the research is Russia’s foreign policy at the present stage. The subject of the research is delineated by the possibility of reforming the modern concept of Russian foreign policy in the context of using the legal instruments stated in the title of this work, namely the doctrine of removing the "corporate veil", and in the context of the "deoffshorization" policy. In addition, the research focuses on the investigation of the existing legal basis for Russia’s foreign policy, on assessing its relevance, and on developing ways to introduce new legal mechanisms in the strategy for implementing foreign policy goals and objectives. The purpose of the research is to analyze the dynamics and main constraints on the development of Russian foreign policy at the present stage, to determine the place and role of new legal instruments in the foreign policy strategy. The methodological basis of the research is an integrated approach to the subject of study. The methodology also includes examination of individual components of large transnational non-state structures’ activities and general aspects of Russian economic and traditional foreign policy. In addition, the author uses methods of factor analysis in combination with inductive and empirical methods. The relevance of theses and the reliability of situationally reconstructed practical examples are confirmed using a comparative method of data analysis. The scientific novelty of the research lies in the fact that today, both in the domestic and world historiography, there is no comprehensive research on the use of innovative legal instruments in the context of their impact on the political aspect of international activity. In earlier studies on the analysis of the essence and ways of applying the doctrine of removing the "corporate veil", the authors have always emphasized the situational aspect of this legal leverage while exclusively examining individual legal entities, and no author has made global conclusions about the opportunities of its international use. The theoretical significance of the research consists in expanding the field of research in relation to Anglo-Saxon law and in the fact that the paper offers new approaches to the analysis of the national legal system in the Russian Federation itself. The practical significance of this work lies in the possibility to use the author’s findings in order to improve the effectiveness and efficiency of the Russian Federation’s foreign policy in the current context, as well as to increase the density and transparency of B2G contacts, including the field of industrial reintegration, without which it will be impossible not only to reshape the national foreign policy concept, but to sustain any sovereignty in principle. Therefore, the results of this study can be widely interpreted as a tooling to strengthen Russia’s sovereignty by introducing innovative legal mechanisms and strategies.

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