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Title |
Criminal and Legal Aspects of Counter Raiding |
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Authors |
Bragin Ivan Anatolievich,
lector and teacher of the Federal State Budgetary Educational Institution of Higher
Professional Education ‘Ural State Legal Academy’ 102 Kultury Str., 454071,
Chelyabinsk. E-mail: chelyab@usla.ru |
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Section |
Criminal Legal Doctrine |
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Issue |
5/2013 |
Page |
71-78 |
index UDC |
343.7 + 343.37 |
index LBC |
Х408.12
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Abstract |
The article deals with the problem
of improving anti-raider criminal and legal norms, ensuring criminal
responsibility for unlawful seizure of corporate governance in business entities. The
article also analyzes their formal and tangible framework. Dispositions of norms are
compared with existing methods of hostile takeovers. The author
reveals their contradictions, fragmentariness of legal regulation and difficulty
of use in practice. The necessity of distinction between governance seizure and
taking of property and assets on the basis of differences in objects of
encroachment is proved. A new framework of the criminal and
legal norm, which determines the characteristics and boundaries of
illegal behavior recognized as raiding. |
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Keywords |
raiding, criminal and legal regulation, unlawful
interference, the corporate governance seizure. |
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