the Task of the president will punish raiders difficultly to execute
Against raiders it is necessary to use criminal punishments, Dmitry Medvedev has declared. The president was indignant that for capture of another`s property in Russia till now is provided only grazhdansko - legal responsibility. Introduction in the Criminal code (UK) separate structure of a crime hardly will solve a problem, experts consider, in turn. To prove intention of the raider it is almost impossible.
“ capture Schemes become rather professionally, sometimes simply will not sap, - the president has declared yesterday at a meeting with councillors Federations (Council of Federation). - but it does not mean that our law enforcement bodies should not these be engaged. I will not remember something, that at us someone have put in prison for corporate raid “. Criminal liability introduction can become an effective method of struggle against this harm, in its opinion.
The Vice-president of Council of Federation Svetlana Orlova has reminded that till now there is no legal definition of corporate raid. As she said, workers of state bodies, and also lawyers, notaries, realtors, appraisers, arbitration managing directors participate in the capture scheme, as a rule. “ we now prepare a package of laws, including amendments in UK, UPK, KoAP, the law on bankruptcy and the law on a competition “ - has informed the senator.
earlier necessity of occurrence in UK special article about corporate raid was declared by the head of Investigatory committee at the State Office of Public Prosecutor of Russia (SKP) Alexander Bastrykin. He has informed that for two years law enforcement bodies have raised more than 70 criminal cases on rejderskim to captures. But for today to institute criminal proceedings raiders it is possible only for swindle, theft, forgery of documents. Lawyers recommend to enter in UK separate structure of a crime. Except amendments in UK the changes of the corporate legislation in particular strengthening responsibility of registrars for conducting of the register will be necessary.
we will remind that in the end of August has been arrested nicknamed mass-media “ the main raider of Russia “ the businessman and legal expert Dmitry Baranovsky. To it incriminate only extortion in especially large size. Numerous cases “ merges and absorption “ the Russian enterprises, spent under its management while remain out of interests of investigating bodies.
“ in Russia any enterprise with actives in one million dollars and above always will be a tidbit for raiders, - the lawyer of board " considers; Nikolaev and partners “ Vasily Moiseyev. - but to prove intention of the person that he wanted to receive this enterprise entirely, catastrophically difficult. To judge it it will turn out only for separate illegal actions. Therefore legally effective tool for struggle against raiders at us will not appear at least as early as years 20. And if such norm soon also will accept, hardly it will characterise corporate raid. Also it will turn out that only small part condemned under new article UK will appear really raiders. The others will bring under this article, adhering to a principle - to punish two - three that the rest nepovadno was “.
“ Despite objective complexities in counteraction rejderskim to captures, their number has decreased recently, - gives of RIA Novosti news agency of a word of operating partner Goltsblat BLP of Andrey Goltsblata. - the State has understood this problem, changes of the corporate legislation have been accepted. As a result became frank rejderskih captures " less;. The expert has noticed that in crisis not only in Russia, but also in Europe the number of merges and absorption has decreased.