Criminal-legal Norm for Unlawful Exercise of Management Function in Relation to a Legal Entity (raider Seizure): Construction of the Corpus Delicti, Qualifying Features
Year: 2025
Type: article
Abstract: Currently, the problem of corporate raiding in the Russian Federation is relevant — the number of corporate conflicts related to the establishment of control over an organization by illegal or formally legal methods does not decrease. The article examines corporate raiding as a negative social phenomenon, analyzes the current legislation on the issue under consideration. The rationale for the need to criminalize corporate raiding is formulated using examples of judicial practice. Having studied the state of the legislation, the author considers it possible to single out corporate raiding as a separate criminal offense, creating a separate norm of the Criminal Code of the Russian Federation, defining corporate raiding as an illegal takeover of a business or an encroachment on entrepreneurial activity. The characteristics of the elements of this illegal act are given: objective side, object, subjective side, subject. The qualifying features of crimes related to corporate raiding are determined.
Author: Victoria M. Kochedykova
Institution: Chelyabinsk State University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4408832766