SOME ISSUES OF IMPROVEMENT OF ADMINISTRATIVE AND LEGAL REGULATION OF LOCAL GOVERNMENT OF UKRAINE ON COUNTERACTION OF RAIDING
Journal Title: Право та інновації - Year 2017, Vol 1, Issue 17
Abstract
Problem setting. Raider attacks of the land and real estate fraud are gaining significant turnovers in Ukraine. Of course, the panacea against hostile takeovers does not exist – in each case the raider operates under individual scheme. But the research in this area shows that there are some common trends for each raider attack and general protection methods that have been successfully applied in practice, such as pure legal documents or absolutely legitimate activity. Some preventive measures are really effective in the initial stage of the attack, such as: going to the court or to the police, prompt disposal of property, fixed or inverse funds, and even informing the media about the processes. The article deals with the study of raiding in Ukraine, some common trends for each raider attack and general methods of protection from it; stages and instruments of a typical raider attack are analyzed; corrupt use of the resources of public authorities, problems of administrative and legal regulation of local authorities in combating raiding are studied, and proposals to improve the legislation in this area are formulated. Target of research. The purpose of the study is the research and analysis of current legislation of Ukraine, international legal documents, researchers’ scientific papers to determine the nature, historical and legal development stages and possible ways to minimize the risk of raiding in Ukraine, to improve administrative and legal framework of local government in Ukraine in combating raiding. Based on analysis of current legislation of Ukraine, scientific research papers and tools the purpose of the study is to determine stages of a template scheme of raider attacks of property, to analyze the corrupt use of resources of the public authorities in the sphere of state registration etc. Achieving the set out goals requires analysis of domestic normative acts to develop effective proposals to combat raiding in Ukraine. Analysis of recent researches and publications. Many aspects of raiding have been studied by the following scientists: B. Andrushkiv, S. Anisimov, P. Astakhov, T. Babich, A. Bandurka, P. Bernaz, O. Belikov, M. Bondarenko, Y. Borisov, Z. Varnaliy, S. Vasylchyk, L. Wenger, V. Grachev, M. Hrishenkov, O. Dichek, E. Dmitrieva, Z. Zhyvko, D. Zerkalov, V. Ilyukhin, V. Ispravnikov, K. Kalitsinska, R. Kyriushyn, M. Krichevskiy, M. Kolyesnyk, M. Lyaschunko, V. Mandybura, P. Nekrasov, L. Nechiporenko, N. Oleksyuk, A. Osipenko, A. Pymanova, N. Pryymak, S. Simakov, V. Stadnyk, E. Streltsov, A. Shustyk, M. Faenson, N. Yakovenko and others. Article’s main body. Nowadays modern raider attack is a set of specific technologies that form an action in schemes and models of artificial initiating conflicts and having an opportunity to manage them as following: technologies of interaction with the owners, shareholders – rigid methods of force, psychological pressure, direct or indirect blackmail, methods of negotiation, psychological manipulation, control of the behaviour and perceptions, fears, complexes and myths; technologies of interaction with public authorities, local governments, law enforcement, etc. – GR-corrupt management; technologies of working with the courts; information management technologies – interaction with the media, public opinion (as required «objective justification and excuse» that the corrupt officials decisions are in favour of the raiders), operating rumours; psychological resistance suppression technologies, making the split in the ranks of the original owners and abetting them, discrediting and compromising them in front of each other, technologies of the development and management of opposition. Among effective measures of implementation of the protection of property both municipal and private within the territorial unit, taking into consideration the European experience, it would be advisable to create municipal bodies at the level of regional towns with law enforcement functions and corresponding authorities. Conclusions and prospects for the development. To solve the problem and avoid possible further consequences of raiding in Ukraine, it is needed to improve existing legislation, put amendments to the Law of Ukraine «On Local Government», Code of Ukraine on administrative offenses, etc. The proposed changes will improve the system of counter raiding not only at national but also at regional level, where administrative and legal status of each of the subjects will be legally defined. Further study of this issue will help to bring domestic legislation in this sphere in line with the international standards.
Authors and Affiliations
T. A. Tsybulnyk
Keywords
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