Криминалистическое обеспечение - важнейший элемент организации расследования преступлений, совершенных с целью незаконного корпоративного захвата
The article studies forensic methods which are a prerequisite to properly arrange the investigation of crimes connected with illegal corporate raids. Having outlined in this perspective the key directions in forensic methods, the author interprets them it as a set of organizational, legal, informational and other events specially aimed at teaching and applying expertise, guidelines on forensic studies, tools and methods in different departments of RF internal affairs bodies, i.e. investigative, special investigative techniques and analytics departments. The staff of the bodies is obliged to be involved in exposing, preventing, detecting and investigating crimes connected with corporate raids.
Current Russian criminal legislation does not provide specifications of liability for illegal corporate hostile takeovers (corporate raid). It provides only for sanctions for the infringements, such as arbitrariness, fraud, organization of criminal groups, giving bribes, abuse of authority, blackmail, forgery, etc. The article analyzes illicit potential of raider attacks; the most typical methods of their commitment are discussed, namely corporate blackmail, corporate hostile takeover in the course of bankruptcy, and strongarm takeover. The author underscores the negative impact of corporate raid on a countrys investment climate. Attention is paid to such a peculiarity of the national mentality, as the perception by managers of the organizations property complex as their own belonging, which stimulates hostile takeovers.
Annotation: This article discusses the legal phenomenon of a hostile takeover in connection with specific features of this process in Russia. The tasks of this research as follows: - to give an overall overview of the specific features of hostile takeovers in the Russian market of M&A; - to determine the main methods used by raiders when takings over the target company.
This article discusses the legal phenomenon of a hostile takeover in connection with specific features of this process in Russia. The tasks of this research as follows: - to give an overall overview of the specific features of hostile takeovers in the Russian market of M&A; - to determine the main methods used by raiders when takings over the target company; - to analyses protective measures which can be taken against hostile takeovers; - to determine the most effective preventive and reactive measures against hostile takeovers.
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter