Berlach Y. Administrative and legal framework for the corporate raids counteraction in Ukraine.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U004195

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

18-09-2014

Specialized Academic Board

Д 26.001.04

Taras Shevchenko National University of Kyiv

Essay

The dissertation is devoted to the analysis of the essence and functioning peculiarities of corporate raids in Ukrainian conditions. The author highlights differences with related concepts (hostile mergers and acquisitions, greenmail), providing a legal description of the analyzed phenomenon, as well. In the dissertation, it is formulated and proposed a respective author's definition of corporate raids and their key characteristics. The seeker defines the list of factors contributing to the emergence and functioning of corporate raids in Ukraine. The main among them is the high level of corruption in the judiciary and law enforcement agencies. It is also emphasized that corporate raids in Ukrainian context cause enormous losses to the economy, undermine institutions of private property, free enterprise, as well as fair competition. Taking into consideration such state of affairs and governmental statistical materials, it is proposed to consider corporate raid as a significant threat to the national security in economic, social and informational spheres. For the first time in the scientific literature, a proper attention is paid to the theoretical definition and description of administrative and legal provision as a distinct concept. The author formulates both general and specific definitions, identifying simultaneously its constituent elements, objective and goals. The seeker considers the legal status and functioning peculiarities of such authorities and authorized entities involved in the counteraction and preventing of corporate raids: Supreme Council of Ukraine, President of Ukraine, Cabinet of Ministers of Ukraine, Ministry of Internal Affairs of Ukraine, Ministry of Justice of Ukraine, Ministry of Economic Development and Trade of Ukraine, Security Service of Ukraine, Council for National Security and Defense of Ukraine, Supreme Qualification Commission of Judges, National Commission on Securities and Stock Market, Antimonopoly Committee of Ukraine, Interdepartmental Commission for the Protection of investors against illicit acquisitions and takeovers of companies, etc. As a result, the scientist offers the list of concrete proposals for the improvement of performance of mentioned authorities, amendments to specific legislation, which together should increase efficiency of the administrative and legal provision of the corporate raids counteraction and prevention.

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