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Anti-trading activities

Raiding is an illegal activity. However, according to the raiders themselves, the most popular method of their fraud (and at the same time the most effective) is recognized as the cascade method. When using this method, the essence of raider attacks is to artificially create problematic situations for business on all fronts. At the same time, the company’s management is unable to cope with a large number of difficulties and shortcomings that have appeared. All this quickly and almost inevitably brings the fact of the takeover of the business by the raiders.

For obvious reasons, in each hotel case, the raider schemes of influence will differ, and depend on various factors. By its essence, the most common method of raiding activity in Ukraine is the forcible seizure of business. It occurs already on the basis of pre-falsified documents on the change of ownership of the enterprise.

Private security organizations act as performers for raiding. Sometimes the use of force comes at the expense of corrupt elements of law enforcement agencies. In our reality, special attention should also be paid to situations where representatives of patriotic and radical public organizations act as brute force in the affairs of raiders. At the same time, the forcible and illegal seizure of business takes place under the slogans of protecting human rights and fighting injustice.

A brief history of the concept

The very concept of raiding migrated to Ukraine from the United States of America. In most cases, raiding is understood as illegal seizure of property against the will of the owner. However, this concept has completely changed its meaning, since in the United States, a raider is a party that has taken an attacking position in the process of mergers or acquisitions of companies. At the same time, there is no negative or illegal connotation in the essence of this concept in America, raiding is a highly intellectual occupation that requires not only entrepreneurial skills, but also forecasting skills. Raiders in our country are representatives of criminal groups that use illegal tools to capture someone else’s business.

In our time, raiding should be understood as a set of pre-planned illegal actions that pursue a single goal-the seizure of someone else’s property and obtaining rights to it through fraudulent schemes and corruption offenses.

In modern Ukrainian legislation, there are many opportunities to bring raiders to justice. However, as long as corrupt elements remain in state and law enforcement agencies, the problem of the existence of raiders will not disappear.

Reasons for raiding

Raiding, like the virus in medicine, affects only a weakened body, in our case, it is the economy. Ukrainian economic reforms have not always been effective enough, and now representatives of the national business are paying for it.

→ The second reason for the development of raiding activity is the presence of corruption in the government and law enforcement agencies. One successful raid can provide a corrupt official for the rest of his life. It is because of this that there are shifts in legislation, as if the law is not a monolith, but a heavy bedside table that prevents the happy life of a corrupt official.

The activity of raiding is also explained by the significant economic benefits of this activity. Creating a new business is expensive, both in terms of finances and time. However, capturing an industrial asset is a quick opportunity for enrichment. According to experts, the profitability of raiding is about a thousand percent. No company can boast of such indicators.

That is why raiders who once managed to succeed in their endeavors return to proven schemes again and again. At the same time, an increasing number of people are drawn into criminal adventures. According to law enforcement agencies, the raider business is constantly growing, and the turnover of seized industrial assets seized illegally has increased by more than 50% in comparison with the beginning of the 2000s. Analysts also point out that the annual turnover of Ukrainian raider companies is estimated not in millions, but in billions of hryvnias.

Corruption and its connection with raiding

There is a direct link between corruption in our country and the activities of raiders. As the practice of fighting raider organizations shows, they usually include the following persons: the organizer, the organizer’s assistants who are engaged in analytical activities in relation to the victim company, nominee persons who will be issued the right of ownership of business assets, performers who act openly. Unfortunately, this is only one visible side of the coin. The other side is officials who are mired in corruption, who act covertly and are essentially ordinary accomplices in the crime being committed.

It is not surprising that these people represent a clear danger to the normal functioning of society within the legal framework. If a corrupt official gains power, it completely levels the activities of the structures under his control, making it impossible to consider a raider attack as a crime. This is what leads to refusals to initiate appropriate cases from law enforcement agencies. According to corrupt officials, such cases cannot be opened, since there is no structure of the crime itself.

Tactics of the raiders

Oddly enough, the presence of a security service is not a guarantee of business security. In most cases, this service is able to quickly perform only standard functions, but it is not ready to counter raider attacks, since they occur in several directions at once. At the same time, the raiders are actively using this fact. The best victim for a raider organization is one that is deluded about the safety and security of its activities.

Before starting an operation to illegally seize a business, the raiders carefully hone the main aspects of their tactics: a comprehensive and comprehensive study of the circumstances that can significantly affect the success or failure of their crime.

The impressive practical experience of Kasyanenko & Partners Law Company specialists suggests that the schemes of raiders are often thought out so well that their recognition requires a significant amount of time and special skills. Our lawyers are always ready to help you and save your rights, your property and your business!

Dmytro Kasyanenko

Lawyer, managing partner of the Kasyanenko & Partners Law Firm. Since 2002, he has gained extensive legal experience in key positions in business structures and the public sector in the field of law and finance.

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