Raiding: Criminal Legal Aspect

Abstract

The work examines raiding as a criminal act. It is assessed that raiding currently has a significant criminal component. The absence in the current Criminal Code of the Russian Federation of an article providing for differentiated sanctions for such a type of crime as raider seizure gives rise to certain problems in classifying this crime. The article identifies these problems and suggests ways to solve these problems. Also, problems arising at the stage of investigation of crimes related to raider takeovers are identified. The necessity of introducing a separate article into the Criminal Code of the Russian Federation providing punishment for this criminal act is substantiated. Having examined the state of legislation, the author considers it possible to distinguish raiding as a separate criminal offense, creating a separate article of the Criminal Code of the Russian Federation “Raider seizure”, defining it as an unlawful seizure of a business or an encroachment on entrepreneurial activity.