Методи запобігання порушенням суспільних інтересів у діяльності інституційних інвесторів

The article examines methods of preventing violations of public interests in the activities of institutional investors in the following main areas: banking, insurance market, non-state pension funds. The author distinguishes between methods of administrative and legal regulation and methods of public administration: methods of legal regulation involve the issuance of regulatory and legal acts of general application, while methods of public administration are ultimately manifested in the execution of acts of individual action (prescriptions, orders, administrative and legal agreements). In the article, the author examined administrative methods of public administration, which are based on imperative and in some cases on dispositive methods of administrative and legal regulation. It is proposed to clearly distinguish between methods of prevention and methods of prevention of violations of public interests. Prevention takes place when there has not yet been a conflict of interest, while prevention is applied when a conflict of interest has arisen, but it has not yet led to a violation of the rights of citizens-investors. The article pays special attention to responsible business conduct as the main method of preventing violations of public interest by institutional investors independently, that is, without the use of methods of managerial influence by the state. The author proposes to divide the methods of protecting the public interest in the activities of institutional investors into general and special. The general administrative methods of public administration, which are used in any sphere of public relations, include encouragement, persuasion, administrative warning, state control and supervision, state coercion, and the application of administrative liability measures. The special administrative methods of public administration in the sphere of activity of institutional investors include licensing, state assessment (expertise) of the investment project and others, which are used in various spheres of activity of institutional investors and are aimed at preventing the emergence of a conflict of interest, which may lead to a violation of the rights of citizens-investors.