How to protect yourself from raiders. Protection against hostile takeovers of the enterprise

Raiding is the takeover of an enterprise against the will of the owners. The financial and economic crisis is not conducive to raiding based on legal manipulations, but the threat of illegal takeover of companies is formed on new economic models. Protecting a business from raiding is not an easy task, but a real one. Raiding is one example of illegal business takeover.

Note!

Raider capture can be compared with fraud (Article 159 of the Criminal Code of the Russian Federation), extortion (Article 163 of the Criminal Code of the Russian Federation). Arbitrariness (Article 330 of the Criminal Code of the Russian Federation) is a forceful way of raiding.

In the current economic realities, the seizure has become more sophisticated, using omissions in the legislation, the participation of officials, and a combination of methods.

The organizers of a business takeover are usually:

• traditional customers;
• specialized raider organized crime groups;
• professional aggressive company-raiders profitably using corrupt administrative resources.

Note!

Active accomplices of the raider attack are law enforcement officers who are mired in corruption. Their participation is difficult to prove, as it appears that they are acting on their own.

Professional protection against raider capture is necessary for every successful company. Any appeals from managers or owners of the business they are trying to take over are often blocked by the prosecutor's office of a district or region.

How to understand that this is a raider takeover

When criminal cases are initiated against the managers and owners of an enterprise, the company's activities are usually blocked. Growing debts on loans, there are obligations to pay a penalty. In this case, you cannot do without experienced lawyers, especially if the business is located in a large city like Moscow, where competition is very high.

If the owners do not agree to sell the company for next to nothing, the attack resumes. Now it is accompanied by the purchase of debt, its falsification, recognition through the courts. Absorption is carried out through the bankruptcy of the company, accounts payable. Following the criminal schemes of capture, the aggressor goes to:

• falsification of constituent documents;
• falsification of orders on the appointment of the head;
• signs and registers documents on the alienation of the assets of the enterprise, managing blocks of shares;
• trying to buy out at a reduced price a controlling stake, shares;
• compels them to bargain.

The matter is complicated by the fact that the purchase of accounts payable is almost impossible to resist, since this business transaction the consent of the debtor is not required (Article 382 of the Civil Code of the Russian Federation). For high-quality legal protection against a company takeover, it is better to contact a qualified lawyer who is able to calculate the steps of rivals, has a deep knowledge of gaps in legislation, the ability to resist fraud and legal manipulation.

Basic Raider Methods

There are two main methods that are used in raider attacks:

• corrupt (the most popular method, a primitive and simple capture of a business);
• debt.

The debt method is of three varieties using:

• collateral (the scheme is implemented by creditor banks that have the right to property transferred on collateral);
• accounts payable (based on information about the financial condition of the company, the limits of its financial stability);
• debt to the budget (a mechanism for coercion of the state in private interests).

To start a raider attack, information is being collected. Particular attention is paid to compromising information. When there is insufficient information for criminal prosecution, they falsify documents, falsify facts. Inspections of the enterprise are carried out in order to confirm the signs of a crime in the actions of the head, criminal cases are initiated.

Note!

The purpose of intimidation is to induce a deliberately unprofitable deal: the sale of part of the assets, the entire business at a reduced price, taking a loan on unfavorable terms with the transfer of property secured.

The aggressor receives information about the state of affairs in the company, determines the volume of the critical mass of accounts payable necessary to destroy its economic stability. Further, a mechanism is launched that entails adverse economic consequences.

The debt collected together is put up for payment, the aggressor sharply narrows financial flows, blocking access to banks and counterparties. It is difficult to prove a corruption conspiracy in practice. After that, the aggressor offers to conclude a deal on onerous terms. In case of disagreement, the company receives custom-made checks from control authorities.

The aggressor can act as a creditor, file an application with the arbitration court to declare the company bankrupt, appoint its own manager. If he receives more than 51% of the total shares, his word will be decisive in making decisions.

The recognition of the insolvency of the company at the initiative of the raider limits the implementation of management functions by the head, these powers are transferred to an external manager. An invader with a large block of shares influences the selection process, colludes with the manager. The consequences of this are easy to predict:

• bonded deals;
• arrest or removal of arrest from property;
• actions leading to the continuation of the ruin of the company, the establishment of control.

In order for the court to declare the debtor enterprise bankrupt, several components must be present:

• debt over 300 thousand rubles;
• inability to pay the debt within three months.

Note!

The effect of delay in obligations is the sending by the aggressor to the company of empty letters to simulate appeals to the enterprise with evidence of notification. They send "fake" claims, demands for payment of debts, notifications about the purchase of creditor's rights.

Protection against raiding: countermeasures

To protect against a raider takeover, it is not enough not to conclude contracts on unfavorable terms, since situations are artificially created in which it is not possible to repay the loan. The invaders have many illegal methods in their arsenal.

The problems in the fight against raiding lie not in regulatory gaps, but in a high degree of corruption. The lawyers of the raiders work very skillfully, only a competent specialist who knows corporate law well, who can protect the company from the exploitation of omissions in the law by intruders, will be able to resist them.

Business structuring

Such protection of a business from raiding as structuring means the embodiment of a well-known saying that it is not worth keeping the company's assets in one place. This reduces risk by separating the lines of business of the firm. You can also:

• divide the business into several companies, distribute valuable assets between them;
• make some companies more closed to external intrusion;
• transfer property to an individual entrepreneur affiliated with the ultimate beneficiary of the business.

Note!

The strategy of dividing the business into several companies helps to reduce tax expenses due to different taxation systems.

Share Protection

Shares or shares in authorized capital need protection. In order to prevent a takeover, enhanced control over the register of shareholders is needed. The size and nature of the business, the type of threat determines the method of control:

• for large companies that expect to receive external investment, it is better to transfer the register to a large registrar with an impeccable reputation and the most formalized work;
• It is better for small firms to maintain their own registry.

Note!

Remember that no method can serve as a panacea for possible raiding. The registrar may be provided with forged documents, and the registrar may be influenced to transfer shares to the aggressor.

To protect shares from being seized, encumber them with obligations to third parties, such as pledging the shares as collateral for a loan agreement. The pledge of shares is registered in the Unified State Register of Legal Entities, if it exists, no other changes are made to the information about the shares of the company.

Asset protection

The goal of the raiders is not the company, but its property. Therefore, protection against raider seizure consists in taking priority measures to create obstacles to the alienation of property. Optimal means are collateral, mortgage, with the help of which the company receives additional financial flows. The main thing is to repay the debt on time so that the bank does not sell the property. It is recommended to exchange assets as collateral in favor of controlled companies, persons.

How to protect the enterprise from invaders?

"Gray" raiding or "greenmail" has the goal of making money on the underestimation of the company. The aggressor buys shares, then submits a stream of lawsuits to challenge the decisions of the governing body, demands to convene a general meeting of shareholders, conduct an audit, audit, strike.

To protect a business from raiding, it is necessary for the company's management to strictly follow the law in every action. If there is a threat of raiding, increase vigilance when issuing powers of attorney, cash, trade documents, contracts. best form defense against raiders is attack. An experienced lawyer will develop an active and passive defense strategy. Passive methods were discussed earlier. Active methods include:

• initiation of inspections of state bodies;
• lawsuits.

Applications to the FSB, the investigative committee, the prosecutor's office or the police are often enough to protect against capture. Contact our specialists by filling out the feedback form or by calling the indicated numbers, and we will help you protect yourself from a raider takeover.

Raiding in its current understanding on the territory of the CIS countries (primarily Russia and Ukraine) is often outright banditry and the forcible seizure of assets and corporate management centers of an enterprise.

Perhaps now, after corruption, the second most important problem for business in our country is raiding. Unfortunately, both of these phenomena flourish in tandem and feed on each other. Of course, raiding is the enemy of Ukrainian business, scares off foreign investors, and completely destroys the possible investment attractiveness of Ukraine.

The basis of raiding in developed countries market economy consists in earning on the difference in the value of shares and property of the acquired company, which, after the capture, is sold in parts. The property complex, as a rule, costs more than the capitalization of the company.

In Russia and Ukraine, raiding is mainly of a criminal nature and consists in taking assets from effective owners.

Appeals to us with a request to protect against raiders, of course, in Lately became more. The mission of a lawyer is not only to protect business from illegal takeovers in specific situations, but also to lobby for the adoption of the necessary anti-raider laws, to show active citizenship, to make every effort to strengthen our legal system and create favorable conditions for business and competition.

Why do you need an anti-raider audit

Since state protection and control over the strict enforcement of laws and the effective work of the law enforcement system have to wait a long time, the companies themselves must take care of their security. Preventive measures are very important, since in the case of raider attacks, time and preparedness are of paramount importance.

Protecting the interests of our clients, we practice due diligence, the purpose of which is to identify weaknesses and risks of hostile takeovers in the structure of the company and develop security measures. A kind of anti-raider protection. At the same time, it is very important to know and take into account the specifics of the client's business industry.

If the unlawful seizure of the company has already begun, then the protection includes a set of measures that take into account the specific circumstances of the case, the features of business processes, the management structure, and so on. This may be the initiation and support of litigation, legal protection of both the company itself and its officials.

Competent and professional protection of the owners and management of the company in criminal proceedings is very important. Given the constant changes in legislation and the emergence of new "creative" methods of invaders, anti-raider measures cannot be the same for all cases.

What protection against raiding looks like in practice

For example, during a raider attack, we defended the interests of a large international company producing agricultural products. The objects of the seizure were intellectual property and shares of the company. The victory over the raiders was won with the help of comprehensive measures, including by advising and legal representation in economic, administrative and general courts in disputes regarding ownership of shares and intellectual property, invalidating decisions of the general meeting of shareholders, and other things. The achieved results completely satisfied our client.

Also, we represented and accompanied a large domestic industrial enterprise in a case for the protection of trademark rights registered under the Madrid Agreement Concerning the International Registration of Trademarks of April 14, 1891.

The raiders tried to appropriate the rights to the trademark in order to take over domestic enterprise. During one of the raider attacks, the invaders filed claims for a ban on the use of the trademark and for early international registration of the trademark in Ukraine. As a result of the conflict, the trademark was officially recognized and today is widely known in Ukraine. The right to use the trademark has been recognized for our client.

Another case of protecting the interests of a large sunflower oil producer in the fight against a raider attack on an enterprise. The servicing bank of the client reported that the funds that were on the client's accounts were seized, and that along with the decision to seize the funds, a payment request was received to recover several million hryvnias. At the same time, the client did not receive a copy of the decision to seize the funds, nor the decision to open enforcement proceedings, and therefore was deprived of the rights granted to the participants in enforcement proceedings - to direct their thoughts (denial, provide evidence confirming them) on about the legitimacy of the plaintiff's claims. Lawyers of "Arzinger2" have developed an effective strategy for protecting the enterprise from illegal encroachment on the funds in the accounts of the latter.

In our practice, there have also been cases of raiding through fraud and abuse committed by hired management and authorized representatives of the company. We defended a large Austrian holding that specializes in investments in the real estate market in Western, Central and Eastern Europe. His activities in Ukraine included the implementation of a large project for the construction of several logistics complexes on large plots of land in the Kiev region. The amount of investments amounted to more than 40 million euros.

The raiders, abusing the powers granted by the foreign investor, tried to seize the holding's assets in Ukraine and turn more than fifty hectares of land into their favor.

Another well-known Austrian holding investing in real estate suffered from the actions of hired management through abuse of assets and the sale of the same assets several times. In both cases, there were no difficult negotiations, no difficult lawsuits, no criminal cases.

In such situations, it is especially difficult to protect the affected companies, because the raiders are highly educated lawyers and economists, they act very cleverly and carefully, deceiving foreign investors who trust them. And, of course, the image of our state suffers.

How Raiders Operate

"White" raiding

It is carried out without violations of the law and force. In our country, it usually boils down to corporate blackmail, when a minority stake interferes with the normal operation of the company in the hope that its management or owners will buy this stake at an inflated price and thus get rid of the blackmailer. .

Raiders often create a corporate conflict and then benefit from it. This type of raiding is usually used to make money quickly and easily, and not to take over a business.

Sometimes "white" raiders use the existing gaps in the legislation, organize the purchase of shares or debts of the company, try to temporarily worsen its economic and financial condition, reduce the price of its shares, affect bankruptcy and reorganization procedures.

Perhaps "white" raiding is beneficial for the development of competition in the market by removing inefficient management from management, improving management and business processes, and stimulating the company to increase its own competitiveness.

"Gray" raiding

It includes more aggressive and sometimes even forceful actions, covered by decisions of the courts, state and law enforcement agencies, and may have the goal of completely capturing the victim company. The legal registration of raider actions can be so high quality that it creates the appearance of the absence of violations of the law.

The most dangerous companies specializing in the seizure of enterprises are among the "gray" raiders. They have strong legal and economic service, and are often referred to as investment companies. Professional "gray" raiders have appeared in Ukraine since the late 1990s - early 2000s.

"Black" raiding

It has especially spread recently with the advent of a new government and the redistribution of business. It is carried out with obvious violations of the criminal law and outright cynicism. In most cases, the owners of victim companies are first offered to sell the business (no matter at what price, the main thing is the fact of the offer), and only then, in case of refusal, actions begin to take over the company.

"Black" raiding is an illegal taking of property lying outside the legal field. The methods used in this case are always illegal and often involve physical violence. This can be bribery, blackmail, extortion, banditry, forceful entry into the enterprise, forgery of the register of shareholders, etc.

Raiding and law enforcement

Often, law enforcement agencies cover up raiding, and do not fight against it. This is due to a sharp decrease in professional level and the lack of sufficient knowledge among law enforcement officials to properly qualify what is happening.

The situation is also influenced by the imperfection of the criminal and criminal procedural legislation, "interest" or inertial behavior on the principle of "no interference". There are no effective institutions in Ukraine state power and security of property rights. In our country, there are no special laws against raiding, legislative mechanisms to protect against it, and any punishment for such activities. It happens that law enforcement officers would be happy to help, but they don’t know how or they can’t.

The paradox of the situation is that sometimes the victim companies themselves are far from "angels" - they do not conduct their business quite according to the rules, as a result of which they are afraid to contact law enforcement agencies.

Raiders often use law enforcement agencies for their own purposes. The most widely used and, unfortunately, effective way is to initiate criminal cases and prosecute the officials and owners of the victim company. Predominantly, articles are chosen whose sanctions make it possible to detain "necessary" individuals, which greatly facilitates blackmail and the selection of business. All this is facilitated by an outdated criminal procedure code and an imperfect criminal code.

In addition, all kinds of checks are sent to the victim company, including tax, searches, seizures, etc., in order to identify any violations of the law in the company's activities, block its business activities and find something to imprison officials for.

Who is behind this?

It is said that if a hostile takeover cannot take place under any circumstances, it is carried out through High Politics. One famous anecdote comes to mind here.

"Putin invites Roman Abramovich to his Kremlin and says:

Roman Arkadyevich, for your great contribution to the Russian economy, I have decided to award you a cash prize. I'll write a check for the amount you tell me.

150 million $$

200 million $$

I think that $250 million, Putin says, will be quite enough, and after writing out a check, he puts Abramovich in the breast pocket of his jacket.

Thank you, Vladimir Vladimirovich, for the high appreciation of my work, says Abramovich.

Please, - says Putin, takes Abramovich under the elbow. - Roman Arkadyevich, and the rest SHOULD BE GIVED!!!"

The authorities announced the start of an anti-raider campaign

Raiding is promoted, first of all, by corruption. Ukrainian raiding is mainly a corrupt redistribution of property, and not a process of economic optimization. In Ukraine, raiders are now called millionaires, who are credited with friendly ties with top officials of the state. As long as our business is inseparable from politics, raiding will flourish.

Also, raiding is helped by the imperfection of the judiciary and the corruption of the executive authorities. Often, raider actions are supported by court orders and decisions, which are implemented with the help of executive service bodies and support from law enforcement agencies. Raiders exercise pressure on shareholders, officials of the victim company in order to force the sale of their property at a clearly unprofitable cost. To do this, individuals are prosecuted, obstacles are created for the victim company in the implementation of its economic activities.

In addition, the development of raiding contributes to the weakness of the legal system. Most European countries have adopted special laws against raiding. In our legislation, even the concept of "raiding" is absent. Accordingly, it is impossible to bring anyone to justice for the illegal seizure of property, because this act does not qualify as an independent type of crime. We hope that the situation will change, since the deputies and businessmen are actively discussing this problem, and sooner or later the relevant bills will be developed and adopted.

According to law.com

The issue of protecting businesses from hostile takeovers has recently become increasingly acute. This is due to crisis phenomena both in the world and in the domestic economy: such difficulties are always fertile ground for increasing one's own assets by weakening competitors. Moreover, the risk of destruction of the most successful, innovative business is growing: its financial source, as a rule, is borrowed funds, and such enterprises are significantly dependent on creditors.

concept raiding in Russia is strongly associated with large-scale seizures of corporate property, "shaking up" the corporate control market, and violation of a huge number of legislative acts. At the same time, assets are withdrawn from the possession of legal owners. It will not be an exaggeration to say that raiding undermines respect for property rights, hinders long-term investment, and sharply worsens the international image Russian business. According to G. Gref, the “cleansing” of weak enterprises in legal grounds may be useful for the economy, but in Russia raiding is often criminal in nature and assets are taken from effective owners

Since the beginning of the global financial crisis, the role of banks in hostile takeovers has been increasing. In short, the meaning of their participation in this is as follows: the overall financial over-crediting in the face of a shortage of real Money leads to a strong dependence on credit institution. Accordingly, the latter has two ways - to restructure the debt or "break" the debtor, collecting all his property to pay off the obligation. If the business or assets of such a client are not particularly interesting, it is more profitable for the bank to agree on a restructuring of debt obligations and still receive what is possible from the debtor. But it happens that the bank abruptly refuses to cooperate (or declares it only in words) and begins to "close" the debtor. Moreover, this is by no means due to the fact that a credit institution so needs a non-core asset on its balance sheet, and not even for resale on the market (this is also a separate, very complicated process). The bottom line is that, as a rule, behind the bank in this situation there is some third party interested in acquiring a business, and for whom buying up a ruined, weakened enterprise will cost significantly less than acquiring it from the owner, if he would like to sell.

It should be noted that the term "raiding" comes from the English "the raid" - "raid", "surprise attack" (moreover, it is characteristic that this word has a similar meaning and even spelling in the languages ​​of all maritime powers - Spanish, German, French, Russian ) languages, and raiders (as well as corsairs) in the old days were called independently operating warships, which, unlike pirates, served the government and attacked only ships and settlements belonging to a hostile country.

Unfriendly corporate seizures of the property of successfully functioning firms, companies, enterprises, moreover, in such forms as raiding (English raider - raider), have today become an extremely dangerous social evil for the "health" of the national economy and a powerful, constantly acting factor in the reproduction of the uncivilized nature of a significant part of domestic entrepreneurship. Raiders are not always interested in economic competitors. Attractive are all forms of entrepreneurship, business, property that can become a source of profit for a raider. In this regard, it becomes relevant to identify the causes that contribute to the emergence and flourishing of this harmful phenomenon in modern Russia. I would like to note that raiding is part of a broader phenomenon - corporate conflicts. Of the numerous definitions of the concept of "conflict", the term "collision" is most suitable for corporate conflicts, since it is precisely the clash of the economic interests of its participants that underlies any such conflict.

As for the definition of the term "raiding", many journalists, lawyers, publicists and scientists are still arguing about what raiding (capture of an enterprise) is. Although everyone understands that this phenomenon in itself is bad and needs to be dealt with. It should also be noted that the concept of "raiding" came to us from the United States, where in the early 80s they called specialists in the capture of enterprises or the capture of the operational management of these enterprises.

Based on the analysis of various interpretations of a hostile takeover of a legal entity, Sergey Kashurnikov offers the following definition: hostile takeover of an economic entity is an activity of legal entities and (or) individuals aimed at establishing full or partial control over a company and (or) taking possession of its assets using legal, physical, financial and other methods and means against the will of the managers and owners of this joint-stock company society.

The Anti-Corruption Committee developed five signs, allowing to determine concept of "raiding"» (enterprise takeover):

1. Actions are aimed at taking possession of other people's property;

2. Less money was spent on taking possession of someone else's property than the property itself is worth; Subsequent legalization of seized property;

3. Taking over takes place against the will of the owner.

When synthesizing these features, one can single out the definition of the seizure of enterprises in the sense given by the National Anti-Corruption Committee.

Enterprise takeover- these are actions aimed at taking possession of someone else's property (organization, asset), which takes place against the will of the owner, for the taking of which less money has been spent than it is estimated at market value, with the subsequent legalization of this property. One can disagree with this definition for the reason that more can be spent on the capture of an enterprise than it actually costs. Moreover, if this joint-stock company, then the opinions of the owners may be divided, and the interception of control over the company will be protested by one owner, but will take place with the consent of the other. Thus, this definition does not fit. In order to clearly understand what a seizure of an enterprise is, it is necessary to understand the essence of the enterprise itself, its property from the point of view of Russian legislation.

Thus, analyzing the above concepts of enterprise seizure, it turns out that the seizure of an enterprise (raiding) is an action aimed at taking possession of an enterprise as a property complex, in violation of criminal law, against the will of the owner, giving criminal actions a form of legitimacy and using shortcomings in the legislation . Signs of a company takeover:

· Action aimed at taking over the enterprise;

Violation of the norms of criminal law;

Giving their actions legitimacy;

against the will of the owner;

· Exploitation of shortcomings of the legislation.

It is also important to note that the capture of an enterprise (raiding) should be distinguished from a takeover.

Firstly, absorption is of two types: friendly and unfriendly. In a friendly takeover, one company joins another; in a hostile takeover, one company acquires control over another against the will of the owner. A Secondly, raiding (in the foreign sense) is a hostile takeover based on illegal methods. However, today abroad, raiding is called buying up shares of an enterprise against the wishes of its controlling owners, with the subsequent re-election of the board of directors.

Experts divided the concept of "raiding" into three types:

1. "Black" raiding - the most criminal variety, always openly associated with violence, clearly illegal seizure of property. It includes the use of exclusively illegal actions to establish control over the enterprise - blackmail, forceful entry into the enterprise, forgery of court decisions, the register of shareholders, etc.

2. "Grey" raiding - a milder option, a combination of quasi-legal and illegal measures - bribing judges to speed up the adoption of a legal decision based on a fake register of shareholders, blackmailing counterparties of an enterprise to create a situation where it is impossible to continue its activities, etc. In situations of "gray" raiding, it is difficult to figure out who is right and who is wrong. They seem to develop within the framework of the law, which is possible due to the imperfection of the legislation.

3. "white" raiding - quasi-legal actions - disruption of a shareholders' meeting, exploiting gaps in legislation, organizing strikes or inspections by regulatory authorities, etc. When organizing strikes, trade union leaders are bribed; when initiating inspections, employees of controlling organizations are bribed. In the West, white raiding is a legal takeover of a company, synonymous with mergers and acquisitions.

It is no secret that one of the threats economic security is raiding or "economic banditry", which in last years received wide distribution. V Russian Federation have long appreciated the social danger of illegal seizures of property complexes legal entities(the so-called raider seizures). Recall that in April 2009, the Simonovsky Court of Moscow sentenced seven leaders of one of the most successful raider structures in the country - Investment company "Russia". More than 50 enterprises suffered from their actions. However, despite the defeat of the largest raider company, the investigation of a number of criminal and arbitration cases related to its participants constantly encounters various obstacles. According to representatives of the victims of raider seizures, former members of the Rossiya investment company, who for some reason are not under investigation, continue to do their job of illegally taking other people's property.

The special cynicism of such crimes lies in the fact that the invaders, as a rule, are not interested in production, the seizure ends with the alienation of the most liquid assets of enterprises, primarily real estate.

Mass corporate takeovers, and in fact - criminal actions to seize enterprises, lead to the loss of unique industries, including those in the field of high technologies. Instead, numerous offices of trading and intermediary firms appear, earning not by creating material assets and their resale.

There is a tendency to involve executive authorities and law enforcement agencies, private security companies, as well as all kinds of informal criminal associations in corporate conflicts. As a result, the "merger and acquisition" actions turn into violent clashes with the use of weapons and infliction of bodily harm.

At present, raiding is an integral and rather powerful part of the corruption market in Russia. There is a close causal relationship between corruption and raiding - corruption offenses create favorable conditions for raiding activities; corruption is a breeding ground for raiding. This relationship is primarily due to the fact that in Russia the business of capturing enterprises is characterized by high latency and is extremely profitable: according to various estimates, profits range from 100 to 500% of the invested funds.

The use of raider technologies based on the violation (partial violation) of laws is practically impossible without the participation of a corrupt state system- various levels of corrupt officials (for example, from the administration of a city or district), employees of bodies registering property rights, courts, tax and law enforcement (especially operational-investigative) bodies, etc. Therefore, persons involved in raiding activities often have stable connections in law enforcement agencies, courts and government bodies, which allows them to receive insider (internal) information about the affairs of a potential victim company.

The level of corruption in the field of raider activity is clearly demonstrated by the results of a study conducted to determine the cost of services included in a raider attack: an unlawful court decision in Moscow costs 50-200 thousand dollars, in the regions - 10-20 thousand dollars; getting a copy required document on sale and purchase from the Registration Chamber in Moscow - 30 thousand dollars, in the regions - 5 thousand dollars; neutralization of law enforcement agencies (police, prosecutor's office) - 30 - 60 thousand dollars; initiation of a criminal case against a certain person in order to compromise him - from 50 thousand dollars

Often, it is the cumulative criminal and corrupt takeover of economic entities that leads to the merger of criminal and corrupt structures (representatives of criminals plus corrupt representatives government agencies), resulting in a new kind of organized economic crime - organized raiding. Corrupt ties between persons involved in raider activities and the corrupt part of law enforcement, regulatory and other state bodies can bring any effectively functioning enterprise to ruin.

Unfortunately, the Russian law enforcement practice is such, Svetlana Vasina, President of the Phoenix Group of Companies, admits that business owners who have been subjected to raider takeover attempts themselves often turn not to public legal protection, but to corrupt options for “buying out” accomplices of raiding - government officials and security officials. Formed vicious circle. If we add to this the fact that the very fact of raiding is very difficult to prove, the following figures become clear: out of 40,000 cases of dishonest seizure of property in recent years, only 40 cases have reached the court.

A distinctive feature of raider seizures in the 21st century is the use by unscrupulous participants in civil turnover not only of brute force, but also of subtle legal methods (deliberate bankruptcy, buying up shares or writing them off by a court decision to pay off losses, etc.) "allowing, formally observing current legislature, in general, negatively affect the economic mechanisms of the redistribution of property.