ИНСАЙДЕРСКАЯ ИНФОРМАЦИЯ КАК ОБЪЕКТ ГРАЖДАНСКИХ ПРАВ
INSIDER INFORMATION AS OBJECT OF CIVIL RIGHTS

Summary/Abstract: The legal institution of insider information is currently developing in Russia. The insufficiency of comprehensive theoretical research in the sphere of insider information, legislative voids and collisions, weak law enforcement potential give rise to many problems associated with the use of insider information and counteraction to its misuse. Modern researchers are mainly concerned with public and legal aspects of curbing insider trading violations without paying due attention to private property interests that underpin the corresponding regulation. The purpose of the paper is to reveal the civil nature of insider information by solving the problem of whether it has signs of an object of civil rights. It is proved that insider information is an object of civil rights with restricted circulation, which is characterized by discreteness, judicial binding, systematicity, legalization, and ability to ensure property interests of its owners. In the course of the investigation, the essence of the individual civil right to insider information is considered by differentiating it depending on the type of legal relations in which it arises. Based on the results of the study, it is concluded that insider information is characterized by a special civil regime, which is complicated by inter-branch connections. The revealed problem of civil and legal consequences for the late disclosure of insider information requires the establishment of legal liability of insiders for the corresponding violations. The efficiency of legal regulation of the relations associated with prevention of misuse of insider information is achieved when a balance between the interests of investors and insiders is provided.

• Details
• Contents