LEGAL REGULATION OF 'RESPONSIBLE' INVESTING IN RUSSIA AND FOREIGN COUNTRIES: CONCEPT, PRINCIPLES, EXAMPLES

Abstract

Introduction: the article is devoted to the analysis of regulatory framework of Socially Responsible Investing (SRI), which is an investment approach that takes into account environmental, social, and governance (ESG) factors in investment portfolio selection and management. The global SRI market is growing at an unprecedented rate, the value of global assets using environmental, social, and governance data to make investment decisions have nearly doubled in the past four years, and more than tripled in eight years (since 2012) to $40.5 trillion. Russia is gradually joining the contours of today's global ecosystem in terms of sustainable finance and responsible investment practices. In this context, a comparative analysis of the aforementioned issues acquires particular importance. Purpose: to form an understanding of the fundamentals of legal regulation of SRI in Russia and foreign countries based on the analysis of scientific sources and regulations. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: juridical-dogmatic method and the method of legal framework interpretation. Results: the study showed that taking into consideration ESG factors is becoming increasingly important for companies and investors. However, the concept of ESG has not been clearly defined so far, and therefore it is difficult to measure the ESG activity of companies. Currently, the EU is a global trendsetter and driver of sustainability transformation. In 2019, the European Commission unveiled the European Green Deal, an economic growth concept that aims to make Europe the first climate-neutral continent by 2050. On April 21, 2021, another step toward the Green Deal was taken – with the publication of the draft Corporate Sustainability Reporting Directive (CSRD) and the first Delegated Climate Act under the Taxonomy Regulation. It is worth highlighting that the CSRD Directive will influence non-financial reporting regimes elsewhere in the world, promoting global convergence and comparability in sustainability reporting. Conclusion: in Europe, with the exception of France, ESG performance is currently not a mandatory criterion for publicly traded companies. The French Energy and Climate Law 2019 (Loi Énergie et Climat) and the Decree implementing this law of May 27, 2021 (Décret n° 2021-663) establish mandatory non-financial reporting, which is to apply to all investment companies managing assets greater than €500 million starting from 2022. German and French small and medium-sized enterprises (SMEs) fear that the sustainable financial regulation planned by the EU may lead to even more bureaucracy and financial difficulties that they may be unable to cope with. The French government has proposed a solution to this problem by organizing Impact platform in spring 2021 to train French companies on how to fill in non-financial reporting indicators. The Russian legislator should become familiar with certain elements of the German Sustainable Finance Strategy of May 5, 2021, in particular, the concept of sustainability labeling for consumers (‘traffic light’ labeling) as the ‘traffic light’ system is assumed to help investors to identify more easily the green investment opportunities of each company. The adoption of the Law ‘On Public Non-Financial Reporting’ would help to improve the legal regulation of responsible investing in Russia.