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§ 2.3. Personal factors of corporate captures.

Consideration of the causal block of factors of corporate captures would be incomplete without the analysis of the personal factors promoting their fulfilment. As personal factors in this case it is necessary to consider features of the persons participating in fulfilment of corporate captures.

Thus significant are not only personal features of the persons directly participating in corporate capture, but also the persons indirectly connected with its realisation, and also persons under which control there is a purpose of corporate capture (rejderstva).

Rejdery plunder of actions, washing out of packages-actions through new issues, korruptsionnost judges, officials and employees of power structures, black PR136 use such ways, as creation of parallel boards of directors.

The criminologists studying corporate captures, offer

Various classifications of the persons involved in these processes.

In a context of the analysis of personal factors rejderstva the greatest interest is represented by classification by subjects. Within the limits of the given classification allocate some types rejderov:

Type 1. The customer. A new enterprise class. As a rule, it is the people who have got good education perfectly understanding psychology, jurisprudence and the modern legislation, but also, well informed on its lacks. They are very cynical and self-assured people, any ways aspiring to achievement of the purpose. They dispose of considerable actives. Quite often it publicly the celebrated personalities doing own legal business. Rejderstvo for them is, first of all, an element of competitive struggle.

Type 2. The co-ordinator. These are so-called «white collars»

Criminal community. They are absolutely closed and to become public

136 See: Tikhomirov B.I.Rejderstvo: the manual. – SPb.: the Sezam-print, 2006. – With. 8.

Do not aspire. These rejdery, as a rule, are executors of orders for corporate captures and operate in interests of concrete customers. They usually possess extensive corruption communications and carry out the general management and coordination of corporate capture. More often the people belonging to this type, have influence mechanisms on judicial and the executive authority, on law enforcement bodies. Quite often it is the former employees of law enforcement bodies.

Type 3. The professional. These people, as a rule, well are guided in jurisprudence and economy sphere, own concrete mechanisms of economic and legal influence on the purpose. These people are engaged in documentary support rejderskoj activity and know how to invest absolutely illegal acts in kvazizakonnuju the form.

Type 4. The soldier. As a rule, it is young men 23 – 35 years which have arrived to large cities from a province which do not have either the property, or property, prospects and almost any formation. They are the people capable of blind execution simple, as a rule, of illegal actions. For rather small compensation they carry out a violent part of corporate capture.

Type 5. Korruptsioner. As a rule, officials. Now the most widespread type rejdera is the government official. They are persons who, using official position, promote fulfilment rejderskih captures.

Quite often government officials act and in a role of co-ordinators rejderskih actions, and also in a role заказчиков137.

According to a number of experts, in Russia the state officials-korruptsionery constitute the largest group rejderov. This results from the fact that at the head stand machinery of state,

The state ministries, the state companies, agencies,

137 See: Iontsev M.G.Korporativnye captures: merges, absorption, grinmejl. – M, 2008.

– WITH. 37.

Affiliated structures of agencies which use unfair competition methods, including rejderstva.

The structure of the organised criminal group usually has the following appearance.

As a rule, criminal association is headed powerful, having considerable volume of free monetary resources by financially - industrial oligarchical group. In most cases it possesses extensive communications in regional and federal state bodies up to that in government representative bodies its representatives can occupy elective offices. There is a possibility by means of the given bodies to render on actions registering, judicial, law enforcement bodies illegal influence.

As a rule, true inspirers of aggressive repartition of the property carefully hide this party of the activity and the taxes, quite often engaged in charity etc. are represented by legislative, supervising large financially - industrial groups the businessmen, regularly paying.

Practice of investigations of this category of crimes shows, that representatives of the given financial and industrial groups extremely seldom manage to be made accountable. However to the inspector to have on them the information it is very useful.

The basic link, "kernel" of criminal association is the group having an economic orientation and experience of judicial and investigatory practice of lawyers (lawyers) with communications in executive, judicial and law enforcement bodies.

The given group is engaged in studying of the information on object in which "customer" has become interested, revealing admitted during current economic activities, aktsionirovanija (privatisations), registration of issue of actions, etc. infringements which can be used for this purpose,

To carry out preventive civil-law and criminally-legal prosecution of heads and proprietors of the grasped legal person.

Weak places of future "victim" come to light and the plan of action on carrying out of capture of the legal person is developed. The budget which is necessary for the planned actions, including expenses on payment of "services" of representatives of power structures is defined.

The group in this connection has clear split of functions, it has the experts who are responsible for interaction with tax inspection, Office of Public Prosecutor, courts of justice, police bodies.

So-called РR-акция when the situation round the grasped legal person is shined in mass media in light favourable to aggressors and, thus, public opinion prepares, is prepared and carried out separately. The corresponding agency is for this purpose involved on a constant basis.

So, for example, in the course of illegal corporate capture of brewery in the Tver area in 2008 an attacking party

"Has agreed" with local administration which to all local press has allowed a command to support "absorbers".

"Operation" as it was marked earlier, comes to an end with power capture of the legal person in which the involved private security enterprise, as a rule, participates. Activity of this enterprise "customer" pays from own means, but it can be supported and be supervised and litsenzionno-allowing services of law-enforcement bodies.

One more obligatory participant of the relations connected with illegal absorption is the legal person-purpose.

As it was already said, that fact, that the subject absolutely can be object of absorption as the subject of economic activities with the certain financial embarrasments, being in a crisis situation, and

Succeeding, constitutes discriminating line of such phenomenon, as corporate capture.

In this case following factors will be defining:

· presence of liquid actives (a property complex) at the legal person-purpose;

· presence of the adjusted trading or industrial processes;

· presence among shareholders, founders (participants) of not settled conflicts;

· neglect concerning the mechanisms providing an information transparency of activity of the legal person-purpose.

The basic expenses at illegal absorption, by estimations of experts, go just on payoff of judges and representatives of law enforcement bodies.

Today the judicial authority, unfortunately, worries crisis, and it publicly admits. As has declared V.D.Zorkin, the chairman of the Constitutional Court of the Russian Federation, the powerful corruption market has developed in the Russian vessels. At judges ever less freedom at acceptance of decisions by them. Them monthly several times collect on different meetings and learn, as it is necessary «to manage affairs». And with justice it of the general has no anything. There is an installation from above which is necessary for following, and personnel selection the more rigidly, than more close to "centre" 138.

That fact, that for last 15 years influence as a whole has considerably grown

On the judiciary of the executive authority and on separate officials in particular, A.Ivanov, the Chairman of the Supreme Arbitration Court of the Russian Federation has confirmed at a seminar - passing on June, 9th, 2008 meeting of chairmen of judicial councils of subjects of the Russian Federation. Last case: V.Boeva's business, the employee of Administration of the President of the Russian Federation which has brought an action on

Tele-and the radio leading V.Soloveva who has convicted V.Boeva that it

138 Magazine "Forbes" [the Electronic resource]. – an access Mode: http://www.kpe.ni/articles/l

266/

Orders the Supreme Arbitration Court of the Russian Federation (YOU the Russian Federation). After indications of the witness, the first vice-president YOU the Russian Federation E.J.Valjavinoj which has confirmed the pressure fact, the official the claim отозвал139.

Besides, notorious «the administrative resource» is almost indispensable condition of successful activity on illegal absorption. As it is marked in magazine "Expert", the main role in conflicts is played by still administrative resource. Without it at certain level of cost of actives – from 70 million dollars – practically will help to achieve nothing even absolutely clear legal позиция140.

In the report on results spent in May, 2008

«Rejderstvo as a social and economic and political phenomenon of modern Russia» Moscow «the Center of political technologies» has specified researches, that in 99 % of cases public authorities help at realisation criminal rejderskih захватов.141

Serious kriminogennyj the factor represents

Corruption of machinery of state and supervising administrative link in not state economic sector.

More and more actual there is a problem of participation in illegal absorption of state governing bodies.

Such situation does not harden stability of the civil circulation and does not improve an investment climate in the country. The western investors to invest capitals in the Russian economy are afraid, as can lose them as a result of activity of aggressors which courts, law-enforcement and security structures assist.

Illegal absorption of Open Society "ú¿»Ó«¼Ñº" (the former allied

Institute) in to Moscow, received the big public resonance,

139 See: Borisov JU.D.Rejdersky captures. – SPb., 2008. – with. 173-174.

140 See: Ajvar L.Sudi in crisis//the Ezh-lawyer. – 2008. – № 31. – with. 14.

141 Skidanov L.A.Rejderstvo as a social and economic phenomenon: the author's abstract kand. Sots -

The house-keeper of sciences / M. 2010 With. 16

Is an example. On the basis of the shown copy of the certificate on the property on a building power capture has been carried out.

At inquiry with heads of Open Society of data about new proprietors in Mosregistratsii have confirmed, that the property right to object of the real estate has been re-registered. And when have enquired registration business it was found out, that it is absent. The person carrying out registration has left at once after сделки142.

The aggressor uses authorities to reach such purposes, as gathering

Information concerning the legal person-purpose, creation for the last the various problems creating hindrances for its normal economic activities, rendering of pressure upon shareholders of the legal person-purpose and its management.

As a result of the analysis of typical schemes of realisation rejderskogo capture there is obvious extremely important role of the state bodies in their realisation.

Law enforcement bodies. Powers of law enforcement bodies allow them to make serious impact on physical and legal bodies. It is possible to consider as a typical example of influence on the physical person (proprietor) illegal application in its relation of a preventive punishment – arrest on initiated in the relation of other persons to criminal case on the basis of official reports or other forged documents for restriction of possibilities of the person in business of protection of the valuable interests. The physical person, being not on freedom, becomes under control, and rejdery receive more possibilities for carrying out of the actions necessary to destabilise activity of the company and to intercept the initiative and the actual control over the company.

As typical example of influence on the legal body the fabrication within the limits of investigation of criminal case of the bases can serve for

Carrying out of investigatory actions (dredging, a search) that

142 See: Methodical recommendations. VNII the Ministry of Internal Affairs of Russia FACE DOWNWARDS. – M, 2007. - №3. – with. 42.

To block and stop company activity, having broken official document circulation, having seized on means of production.

Registering bodies (registrars of the rights). Registering bodies (Patent chamber, IMNS, FRS, etc.) register transition of the property right on the basis of forged documents thanks to what rejdery, realising the illegal acts, get advantage as all third parties are guided on given out by registering bodies from uniform state registers with the information on the legal owner diplomas.

Court. The court carries out in a course rejderskogo capture legalisation function. In this case legalisation is understood as reception of diplomas certificating the property right, that is a formal recognition of the property right received, for example, under forged documents. Courts of all instances can be involved in schemes of unfriendly absorption: world, arbitration, arbitration, the general jurisdiction, criminal.

Basic needs of the lawful proprietor and rejdera essentially differ in relation to actions of the state bodies. This distinction is necessary for considering at development of concrete measures (as pravoprimenitelnyh, and legislative) on counteraction rejderskim to captures.

Insufficiency of legislative fastening of tools of protection of the property rights and sharp promptness of necessary acceptance of protective measures forces lawful proprietors to use quite often corruption mechanisms to rescue the property, for maintenance of work of system in the protection.

The constitution of the Russian Federation provides the right of citizens to property protection. It is obvious, that in the law there should be an accurate definition of mechanisms of such protection of the property rights.

Moreover, the opinion which is stated by separate experts is groundless, that thanks to legitimation of these mechanisms rejdery will use them at captures. The purpose of mechanisms of protection of the property rights

– Blocking and interception at rejdera initiatives that contradicts essence rejderskoj to activity, the main which condition of success constitute a maximum quantity and speed legalizujushchih actions.

As some experts believe, the whole branches of economy in connection with large-scale illegal absorption are practically closed now for the investments not connected with an administrative resource, both Russian, and foreign.

By estimations of experts, and in country scales material losses from illegal absorption are rather notable: only the named

«Wood wars» the wave of captures in timber industry branch for 5 years has led to failure of investment agreements with foreign investors more than on 20 mlrd euro.

Concern of foreign investors as also their legal bodies (actives of legal bodies) including become object of illegal absorption is clear.

It is possible to draw following conclusions, thus.

In many respects the success of illegal absorption of legal bodies (rejderstva) is connected with actions of many persons, and also their groups, formal and informal.

As the participant rejderskogo the project any person or a group of persons who influence a project outcome irrespective of can be called, in whose interests (a victim or the aggressor) the given agent operates. Number of the basic participants of the project concern rejdery and persons, under whose control there is an active attractive to an aggressor. Briefing stated, it is necessary to notice, that personal factors of corporate captures are caused by functional features of participants rejderskih operations.

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A source: Nefedov Igor Vladimirovich. Corporate seizures: the phenomenon, causes, prevention. Thesis for the degree of candidate of legal sciences. St. Petersburg - 2014. 2014

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