Raiders are on the alert: the land under threat

19.07.2011 13:22
Articles about real estate | Raiders are on the alert: the land under threat Raiding in Ukraine turns from simple attacks on foreign ownership in the business.

And business is very profitable. Up to the fact that there were groups working professionally in this sphere. For enterprise development in a long time to invest, and take away everything earned by someone else, you can, spending much less time and money in five minutes.

Related article: How to get a 10 hectare metropolitan land for free?

And, despite the fact that the Ukrainian government tries to "lure" of such investors, they are very slow to take us to their money. This is not surprising, since the State can not guarantee the protection of property, even to their investors. Not to mention the foreign ones. Fears of experts is the fact that today's traditional land raider schemes appeared. In the right before the opening of the market Ukrainian black soil for sale, writes UBR.

In Ukraine there were raiders and professionals

"Over the past year, the situation with raiding in Ukraine has changed, it is dying out as a class ... Today is not so easy to take away the state's property. In general, if the Fund had lost the majority of cases in courts, but now we are winning more often," - the head of the State Property Fund of Ukraine Alexander Ryabchenko.

In contrast, he said, experts agree that raiding in Ukraine, by contrast, is thriving. Thus, according to the head Antreyderskogo Union of Entrepreneurs of Ukraine Andrei Semididko, Ukraine has 10/12 groups, who are professionally engaged in raiding. "We create the registry reyderstkih groups, participants and accomplices raider action. To date, Ukraine has 12/10 groups, who are professionally engaged in this business ... For 5 years in orbit raids were 3.5 thousand businesses. Today we are 860 cases, "- he said.

According to experts, raiding intensified since March this year. "For 4 months (from March this year - Ed.) We have received treatment for 53 medium-sized businesses ... Classic raider scheme when using the law enforcement business," driven "in the negotiation process. For example, raise it criminalized, there is detention of the businessman, then - way to "negotiate" with perechachey corporate rights, the transfer of the shares in favor of the Raiders, "- said the expert.

According to him, in this situation should not talk about any attraction for investors in Ukraine. "When you do not defend their property rights in Ukraine not priydut foreign investors", - he said.

In his view, the government simply lacks the political will to deal with raiders.

Land - a piece of cake

The most "delicious" for reyderstkih attacks are enterprises of agrarian and tourism sectors, markets and catering. "The greatest activation observed in the agricultural sector, the tourism infrastructure, which has interesting properties, markets, catering in the area ... Press raiding superimposed on the small and medium enterprises in the regions", - said Andrey Semididko.

This view is shared by lawyers and company LIGroup. "Raider attack back, and increasingly become the objects of their enterprise agrarian sector" - they say.

The fact that in recent years have increasingly voiced the problem of food crisis in the world. And the more attractive it becomes to Ukraine agricultural business. However, it is an agricultural sector is the least secure in our country.

According to lawyers, the objects of raiders' attacks have become as successful growing businesses as well as coming to the decline in need of help from the state and investors. "Over the last 2 years we have witnessed a daring assault on corporate law in the so-called agrarian regions of Ukraine, in particular in Chernihiv, Khmelnytsky, Poltava, Cherkasy and Vinnitsa regions" - they say.

According to lawyers, current state legislation that regulates relations in the agrarian sector of Ukraine, leaves much to be desired. Outdated rules, inconsistency, and sometimes complete lack of legal norms that regulate the specific relationship, not only do not allow for normal operation of enterprises, but also provoke the Raiders to an illegal seizure of profitable production. However, according to lawyers who are currently positive trends that give hope for a rapid reform of the agrarian sector of Ukraine. In particular, deserve the attention of the initiatives of President of Ukraine related to the reform of the agricultural sector, "actions aimed at the adoption of essential market for land laws, which will create the foundation for the efficient operation of agricultural enterprises."

The land market - not a panacea?

With this fundamentally disagrees former head of the Ukrainian State Property Fund Valentina Semeniuk-Samsonenko. According to her, Ukraine has not implemented the land market, as the Ukrainians will go "wall" on a "wall". "With the introduction of a land market in Ukraine will fight for our black earth. As the largest landfill - it's bowels. Land reform may be the first, which begins with bloodshed" - she said.

According to experts, the fact that Ukraine has not conducted an inventory of land. "The inventory of land is done, do not put the law on demarcation of land borders of the territories is not approved and they do not ... All of this - a time bomb," - she said.

"If prior to the introduction of a land market will not be worked out, no by-law on the borders of the territories, the demarcation of land, the village will go to the countryside, going" wall "on a" wall ", - said Semeniuk-Samsonenko.

In addition, she said, in this case, the conflicting interests of rural and urban populations. "The land - property of the Ukrainian people. 38% of citizens were acts of land use. Others still do not have documents of ownership. Why push the urban and rural populations? State in this matter supports the detonator of disputes between the settlements," - she pointed out.

Name of the people of Ukraine: it was yours, was the - our

According to Semeniuk-Samsonenko, raiding in Ukraine is not punishable, because quite often serves as a raider executive. This leads to the fact that in Ukraine, to date, about 14 800 enterprises-bankrupts. "And they brought to the bankruptcy of the name of the people of Ukraine" - said the expert.

"The worst thing is when the raider is the executive branch. Often, the issues of land tenure issues in communal ownership of enterprises, the executive branch acts as a mediator" - Buy and Sell "... With the acquiescence of the authorities is a change of managers of such enterprises, then, after "planted" the courts through the process of bankruptcy climb. climb the name of the people of Ukraine "- said the former head of the SPF.

Perhaps Ukraine canteens in this matter would follow the example of Russia, which in May this year in the first reading passed a bill aimed at fighting raider seizure of property. The document provides for amendments to the Criminal Code and Criminal Procedure Code, although earlier in the Criminal Code was not a separate article, which could incriminate members raids, so they are usually judged by the article "fraud." Either the raiders could bring charges of extortion, coercion to commit the transaction or reject the transaction, arbitrariness and forgery.

Now, in the Criminal Code should be a new article "Falsification of a single state register of legal entities or the register of holders of securities," which will number 170. Provided for in this article acts prompted the punishment of imprisonment for up to two years and a fine of up to $ 100 thousand, or a fine of up to 300 thousand rubles.

Also, the penalty for making the roster of deliberately false information, combined with the unauthorized access to the registry. The use of violence or threats will be considered as aggravating circumstances that increase the maximum sentence of seven years.

It is also proposed to add an article about code tampering decision of the shareholders or board of directors. The article provides the same penalty as in the previous one, and if the shareholders were under pressure, the penalty increases to 500 thousand rubles, and the term of imprisonment - up to five years. 
Content tags: land Legislation
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