LEGAL CHARACTERISTICS OF RAIDING AND MECHANISM OF COUNTERACTION
Journal Title: Право та інноваційне суспільство - Year 2018, Vol 11, Issue 2
Abstract
Problem setting. The article deals with the problem of raiding and its manifestations in the domestic business and the development of mechanisms to counteract raider attacks. Based on the study of theoretical and methodological and applied aspects of combating threats raider develop effective and efficient mechanism of anti-raiding, which is part of the strategy of economic security. Target of research. General research and analysis of legal problems connected with forceful unlawful seizure of enterprises of various organizational and legal forms. Analysis of resent researches and publications. Issues of raiding, its significance and influence were considered by such leading scholars as Valassk E. V., Mazur I. I., Varnalij S. S., Makarov O. I., Bondarenko M. V., Smytiuk A.V. and other. Article’s main body. At the moment, there are frequent cases of socially dangerous actions connected with the forceful misconduct of enterprises of various organizational and legal forms, which are commonly referred to as “raider attacks”. Raider is a person who attacks an enemy in their territory. There are 3 main main type so fraiding: 1) «white» sort of raider attacks, when raiders capitalize on the loopholes of the opaque Ukrainian financial regulation system and confusing tax system, but do not violate law by doing this; 2) «gray» raider attacks; 3) «black» raider attacks, where raiders’ instruments also include the use of physical violence, threatening, bullying, supplemented by forgery of documents, files, company records and signatures. There are other types of raider attacks such as «hard» , «soft» and «intellectual raiding». The raider hijacking is carried out as follows: – by falsifying documents or a court decision (in most cases unlawful), the state registrar makes information on the ownership of the property (corporate rights, property management rights) to another person, and information on the beneficial owner is deleted; – by the physical capture of an object under the guise of realization by the owner of his legal authority; – a formal resale by the raiders of the entrained object to the “bona fide” buyer or the whole chain of such “bona fide” purchasers. Realization of a raider attack starts from the collection and analysis of information about the subject. Conclusions and prospects for the development. At the enterprise level, in case the owner (owners) noticed the planning of a raider attack, it is necessary: to protect the important documents of the enterprise, to strengthen internal control among the participants and shareholders; Attract public and law enforcement attention to a raider attack.
Authors and Affiliations
A. V. PUSTOVIT
Keywords
Related Articles
- EP ID EP483793
- DOI -
- Views 89
- Downloads 0
THREAT OF STATE’S REGIONS ECONOMIC SECURITY AND PROBLEMS OF ITS CLASSIFICATION
Problem setting. As you know, the economic security of the region, despite the moderate level of industrial production and economic activity compared to the state level, is the subject of management with an extremely com...
ECONOMIC AND LEGAL REGULATION OF EXPERIMENTAL TECHNOLOGY DEVELOPMENT
Problem setting. The current economic indigence of the manufacturing sector in the national economy of Ukraine demonstrates the need for fundamental renewal of production capacity of economic entities and stimulation pro...
LEGAL REGULATION OF COMPENSATION TO HEALTHY VOLUNTEERS PARTICIPATING IN CLINICAL RESEARCH
Problem setting. The article highlights the existing gaps concerning the legal uncertainty of the status of subjects of clinical research. The issue of the necessity of normative consolidation of methods and types of com...
FOREIGN EXPERIENCE OF LEGAL REGULATION OF ACTIVITIES OF CORPORATE LAW SUBJECTS
Problem setting. At present, Ukraine has experienced a situation where the country’s economy is suffering losses not only because of the consequences of a systemic world crisis and the external competition of powerful tr...
Проблеми та перспективи розвитку господарсько-правового регулювання поводження з відходами в Україні
У статті розглядаються питання пошуку оптимального та ефективного вирішення проблем, пов’язаних із поводженням з відходами, проблеми та перспективи розвитку господарсько-правового регулювання поводження з відходами на на...