COUNTERING RAIDING: WORLD EXPERIENCE

Abstract

In the conditions of the modern market economy in Kazakhstan, criminal elements actively practice the use of the mechanism of raider seizures of firms and enterprises. The measures taken by the state to counter raiding do not bring proper results, as a result, its negative consequences affect the pace of economic development and security of the country. The purpose of this study is to identify, generalize and analyze the theoretical and practical aspects of countering raiding, taking into account world experience, as well as to develop scientifically sound recommendations for improving the effectiveness of criminal law and criminological measures. The subject of the study is foreign legislation regulating the processes of mergers and acquisitions, as well as mechanisms for countering crimes committed during the implementation of these processes. The objectives of the research are: to study foreign experience in the field of countering raiding and to develop an effective mechanism for protecting business from raider seizures. Methodological basis of the research: The use of general scientific methods of cognition: comparative legal. The article analyzes the experience of economically developed countries of the world in countering raiding, methods and methods of seizure, including counteraction measures, as well as the possibility of its transformation into national legislation. With the development of technologies and the increase in the effectiveness of anti-raiding measures, schemes and types of raiding are changing. In this connection, the mechanisms of transition from a hostile takeover to a friendly one are considered. The theoretical study of the world experience of countering raiding and the generalizations and conclusions made at the same time not only prove the value of the accumulated experience, but also provide an opportunity to develop their own model of counteraction. In addition, the problem of criminal liability for raiding is considered, the legislation on the covered issue is analyzed, where the author expresses his own point of view on this issue. Insufficient research on this topic in Kazakhstan determines its relevance.