Some issues of civil law counteraction to raiding in the field of entrepreneurship

raiding

Abstract

Raiding, as an economic phenomenon, arose in the world practice in connection with
the functioning of the securities market. At the initial stage of the formation of the securities market, the activities of the so-called “black” raiders were formed and intensified, which in a criminal way, using violent acts, seized enterprises and the business as a whole.
Along with “black” raiding, there is a “white” raiding aimed at seizing the enterprise and business,
guided primarily by civil law. At the same time, the division of raiding into “black” and “white” is
conditional, since the methods of raider attacks on the target company have improved in their own way, and in some cases the “black” and “white” raiding are mixed.
In the Republic of Kazakhstan, raiding, as an unlawful act, arose in the context of the transition
of our country from a socialist economic system to a market economy. At the same time, medium and small businesses, which, unlike large businesses, do not have the corresponding economic, financial and organizational capabilities to counter raiding, are exposed to the negative impact of raiding.
Civil law does not have a legal definition of raiding, but legal opposition to this phenomenon
is enshrined in many of its norms. In practice, those companies that violate current legislation may be vulnerable to raider seizure, thereby creating a facilitated environment for raider attacks. In order to increase the effectiveness of opposing raiding, it is necessary to improve legislation in the field of banking, on real estate mortgages, on rehabilitation and bankruptcy.