PREVENTION OF UNLAWFUL SEIZURE OF PROPERTY OF AN ENTERPRISE, INSTITUTION, ORGANIZATION DURING THE WAR

Abstract

The article examines the general principles of preventing unlawful seizure of property of an enterprise, institution or organization during wartime. The author emphasizes that unlawful seizure of property of an enterprise, institution or organization is a criminal offense under current legislation, which is sometimes referred to as raiding. This problem has become especially relevant this year and has gained a considerable scale. The first victims of raiders were representatives of the agricultural sector, whose land, farms and even crops were taken away.

However, negative trends in this area in recent years indicate that thieves may attack other sectors of the economy as well. Therefore, the formation of a holistic and effective system for preventing unlawful seizure of property of an enterprise, institution or organization in Ukraine is directly related to the creation of an effective governmental strategy for protecting business activities.

The article takes into account the current determinants of unlawful seizure of property of an enterprise, institution or organization, including martial law. During this period, the risk of raider attacks is particularly high. To this end, the author characterizes the Law of Ukraine «On Amendments to Certain Laws of Ukraine on Improving the Mechanism for Countering Raiding».

It is noted that the amendments to the legislation improve the mechanisms for preventing raider attacks in Ukraine. The most effective, in our opinion, is the provision on the impossibility of terminating an agricultural land lease agreement without the consent of the company's shareholders. The updated legislation also improves the rules in the field of state registration, in particular, the possibility of registration in automatic mode, suspension of the time limits for appealing against registration.

The main areas of prevention of raiding in Ukraine in the current period are: 1) Legislative changes: it is important to implement legislative changes that define clear rules on property, protection of property rights and criminal liability for raider actions. Laws should be aimed at preventing, detecting and punishing violations; 2) Securities circulation: strengthening the securities circulation system and increasing transparency can help avoid financial manipulation and protect investors; 3) Role of law enforcement and regulatory authorities: ensuring effective work of law enforcement and regulatory authorities is a key aspect. This may include improving official discipline, professional training and the use of modern technologies to fight corruption; 4) Criminal liability: Increasing criminal liability for corporate raids can be an effective means of deterring and punishing those responsible.