THEORETICAL AND LEGAL CHARACTERISTICS OF LOCAL GOVERNMENT ACTIVITIES OF UKRAINE ON COUNTERACTION OF RAIDING

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THEORETICAL AND LEGAL CHARACTERISTICS OF LOCAL GOVERNMENT ACTIVITIES OF UKRAINE ON COUNTERACTION OF RAIDING

Journal Title: Право та інновації - Year 2016, Vol 4, Issue 16

Abstract

Problem setting. The article is devoted to some questions of researching raiding in Ukraine as one of the threats to country’s national security, defining historical stages of legal development and establishment of raiding in Ukraine, problems of administrative and legal regulation of local authorities’ activities on counteraction of raiding. Solving problems locally – regionally – through regulation at the legislative level of local government in combating raiding cannot only help Ukraine in its European aspirations, Ukraine’s attempts to enter the world economic market, but also effectively protect the economic security of the state as a whole. 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. Analysis of recent researches and publications. The following scientists analyze separate aspects of the question in their researches: B. Andrushkiv, S. Anisimov, P. Astakhov, T. Babich, A. Bandurka, P. Bernaz, O. Belikov, M. Bondarenko, Y. Borisov, Z. Varnaliy, S. Vasylchyk, 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. With a large number of existing classifications of economic crimes, a special place is occupied by various types and forms of competition for assets in the markets for corporate control. It is clear that this competition is not always carried out legally, thus going beyond the law automatically equated with crimes in the economic sphere. In Ukraine, entrepreneurs are faced with raiding in 1990-2000, when the background of political instability, gaps in legislation, availability of informal sector actively followed the illegal redistribution of property rights. It is significant, that in times of change of power, strengthening the legal, organizational and economic instability is intensification of the struggle for the right to own or control business. Local governments perform their authority to entities exclusively within Article 143 of the Constitution of Ukraine, the Law of Ukraine “On Local Government” and other laws, but clear regulation of responsibilities of local government officials and officials of local government for their activities in the municipal sector doesn’t still exist. This situation creates more favorable conditions for fraud of raider companies. 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 Civil Code of Ukraine and the Commercial Code of Ukraine, which will clearly regulate how to protect the rights of the owner of disorders associated with the use of state registers and the Civil Procedural Code of Ukraine, Commercial Procedure Code, Code of Administrative Procedure of Ukraine, Code of Ukraine on administrative offenses defining common requirements for the jurisdiction of the relevant category of disputes, the responsibility of local governments. 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

economy raiding anti-raiding threat security economic security local government.

EP ID EP458571
DOI -
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