Ukraine to Fight Corporate Raid
OREANDA-NEWS. February 10, 2012. By the first of April we should prepare and make systemic legislative changes to deprive corporate raiders for “fertile soil”, to minimize opportunities for such activities and protect right to property in Ukraine.
This was started by the First vice Prime Minister – Minister of Economic Development and Trade Andriy Klyuyev at a meeting of the Interagency Commission on combating illegal acquisition and acquisition by seizure of companies.
He believes that the fight against corporate raid - one of the most important tasks of government, because repeated acquisition by seizure of someone else's ownership significantly worsen the business climate in Ukraine, adversely affect its international image.
"By April 1, we have to cut off all legislative gaps relating to the possibilities for existence corporate raider schemes. It can be done by April 1" - Andriy Klyuyev said.
According to him Ukrainian legislation should be improved so that the raiders were dangerous to engage in illegal activities. "Despite the common position of President of Ukraine and the Government on humanization of criminal legislation in the sphere of economic activity, our uncompromising stand against crimes related to raiding is principal" - Deputy Head of the Cabinet of Ministers of Ukraine said.
Participants of the meeting decided that the appropriate legislative proposals by various ministries and agencies will be submitted to the specially created working group. The Ministry of Justice has to process and compile all the suggestions.
Andriy Klyuyev also instructed the State Service for Regulatory Policy and Entrepreneurship Development to conduct a special round table with participation of businessmen to discuss proposals for a system of legislative activity against raiders’ activity.
First vice Prime Minister said that in the low should be clearly defined the term "corporate raid" its qualifying features. "Main raiders schemes are known so we must cut off them" - Andriy Klyuyev said. He expressed confidence that this legislative package will be supported as by members of the majority and by the opposition.
"Under the term "corporate raid" we mean almost unconcealed banditism under the guise of corrupt officials and judges who use existing or perceived gaps in the legislation and more often - simply falsify court decisions" - Andriy Klyuyev said.
He divided the work of the Interagency Commission on two parts: legislative changes that is to say an elimination of the reasons for raiders and the struggle with the consequences - consideration of specific cases of acquisition by seizure of someone else's property.
"Within the meaning of the Cabinet, the Commission is not a substitute for a judicial and other branches of government, does not interfere with law enforcement authorities. However, the Commission shall ensure coordination of efforts of all institutions of government to solve the problem through anti-raiding inevitable return of assets to rightful owners and punish participants of raider scheme"- the First vice Prime Minister declared.
Participants of the meeting inter alia reviewed the situation with the State Enterprise "Energoatom", hotel "Slavutych" and the department store "Ukraine".
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