The dissertation is devoted to the study of criminal liability for crimes covered by Articles 205-1, 206, 206-2 of the Criminal Code of Ukraine. Given the current state of criminal legislation and law enforcement, a number of conceptual provisions, conclusions and proposals of practical importance have been developed.
The universal concept of the concept of "raiding" is defined, which is proposed to understand raiding as a set of illegal actions aimed at establishing control (legal and/or actual) over a legal entity or taking possession of its property against the will of the owner or manager of such an entity.
Based on the consideration of typical raider schemes, the essential features of raiding are found out, which are: committing certain actions; unlawfulness; aiming at establishing control over a certain legal entity or seizing its property. Such a feature of raiding as the joint participation of several people is recognized as optional, but typical.
It is proposed to consider the list of criminal offenses by which the actions of raiders can be qualified, on three levels that correspond to the concept of raiding - in the narrow, wide and the widest understanding. It is noted that for the dissertation research, the wide understanding of the list of such offenses is of interest, which includes: forgery of documents submitted for the state registration of a legal entity and individual entrepreneur (Article 205-1 of the Criminal Code of Ukraine); counteraction to legitimate economic activity (Article 206 of the Criminal Code of Ukraine); illegal seizure of property of an enterprise, institution, company (Article 206-2 of the Criminal Code of Ukraine).
The author investigates the grounds (factors) of social conditionality for criminalization of acts covered by the concept of raiding, namely - the degree of public danger; their relative prevalence, typicality and dynamics; the possibility of influencing raiding by criminal means in the absence of the possibility of successful struggle by less repressive means; the prevalence of positive consequences of criminal injunction over negative ones. The analysis of these grounds (factors) gave grounds to assert the social conditionality of the criminalization of acts covered by the concept of raiding.
The experience of criminal legal counteraction to raiding under the legislation of foreign countries is analyzed. The defender of the thesis investigated the criminal laws of the following republics: Azerbaijan, Armenia, Georgia, Estonia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Tajikistan, Turkmenistan, Uzbekistan. It was noted that the criminal law regulation of corporate relations in these countries has similar features in view of the adoption of the Model Criminal Code in 1996. It is found that the concept of "raiding" is introduced into criminal laws only in two states - the Republics of Kazakhstan and Kyrgyzstan as the name of special criminal injunctions, the presence of which is noted as a positive step of the legislator. At the same time, a detailed review of these rules showed their casualness and congestion, which leads to their low efficiency. It is proposed to borrow the approach to create a criminal law injunction called "Raiding". The recognition of a legal entity as a subject of criminal liability for committing crimes covered by the concept of raiding under the legislation of the Republics of Lithuania, Estonia and Moldova has also been noted as a positive experience.
In the dissertation the objects of crimes covered by the concept of raiding are investigated, taking into account that the structure of the object includes social relations, the subject and the victim.
