Raiding: theory vs practice
Anna Tyshchenko, the Counsel of Litigation Practice at ILF Integrites, participated in the round table “Raiding in Ukraine. Legal and organizational aspects”, which took place on June, 7 at the National Academy of Security Service of Ukraine. The round table touched upon the theoretical aspects of raiding, including the mechanisms and methods of raider attacks, intellectual property raiding, criminal bankruptcy, corporate raiding in the public sector of the economy. During practical part of the round table Ukrainian and foreign cases of raider attacks and possible ways to deal with them were discussed.
In the course of the first panel discussion, Anna made a report on “Methods and tools of modern raider attacks”. In her presentation Ms. Tyshchenko drew attention to main types and mechanisms of raider attacks, highlighted the most common schemes and methods of raid execution explaining its features through the Ukrainian and Russian cases, which were most talked about in media: Provesin, Indar, Imtoks, Zhitomir hlib, Lvivoblenergo, The Okean Shipyard, Stalkanatsilur, Mytischi electromechanical plant and Mikhailovsky GOK (Mining and Processing Works). The activities of the raiders were shown through the example of one of the largest raider groups in Russia – an investment company “Russia”, founded by Konstantin Starodubtsev.
“Unfortunately, legislation on raiding regulation is defective and does not provide the owners or shareholders with the appropriate level of protection against such unauthorized takeovers. The statistics confirms it: the Ukrainian companies suffer near 30 raider attacks per month. Taking into account the disappointing reality, the discussion of this issue was necessary. Besides, the roundtable gathered together experts in theory as well as in practice, enabling not only experience sharing, but also efficient accumulation of ideas", - noted Anna Tyshchenko.