The Current State Of Scientific Support In Investigating Criminal Offenses Involving Illegal Takeover And Seizure Of Enterprises And Their Assets

of the current criminal legislation, theoretical developments of Ukrainian scientists, the paper outlines scientific development peculiarities of the problematics related to criminal responsibility for offenses associated with takeovers, as well as research and development of the methodology for investigating these offenses.

At the national level, for quite some time there has been a trend of increasing numbers of out-of-court disputes, court cases, and criminal proceedings initiated due to infringements upon the private property of citizens, businesses, institutions, and organizations.At the same time, when discussing the nationwide level and pointing out those specific facts marked by a high level of societal danger, it is indisputable that there should be a focus on the necessity of addressing unlawful takeover and seizure of property of businesses, institutions, and organizations, commonly referred to as raiding.The scale and number of such seizures have brought to the attention of state authorities, particularly within the defense and security sector, the need to properly counteract them, which encompasses ensuring an efficient pre-trial investigation of the outlined occurrences.While professional activities, investigators authorized to conduct pre-trial investigations into criminal offenses associated with raiding must rely on relevant, scientifically substantiated recommendations.Therefore, considering the needs of current law enforcement practices, it is crucial to update corresponding research processes.
Analysis of Essential Research and Publications.Representatives from various scientific fields, including law, focus on raiding.Issues concerning administrative and legal support in countering raiding have been extensively analyzed in Yu. A. Berlach's monograph (2014).In the course of research, the scholar highlighted that Ukrainian legislation lacked normative legal provisions establishing responsibility for engaging in raiding.From the scholar's perspective, this absence is justified by the complex nature of this unlawful phenomenon, the presence of numerous schemes for seizing companies and their property, as well as the intricate raiding tactics implemented by criminals, etc. 1 .
Administrative and legal principles of Ukrainian state authorities' activity in countering raiding have been studied by M. A. Koliesnik 2 , while the activities of law enforcement agencies in this area have been scrutinized by Y. A. Khatniuk 3 .
Scientists focus extensively on the issues regarding criminal liability for illegal seizure of property belonging to enterprises, institutions, and organizations, which falls under the category of criminal offenses involving raiding.In this aspect, research papers by S. S. Tytarenko 4 , I. M. Fedulova 5 , N. M. Hryshchenko 6 , etc., stand out.Criminological foundations of countering this phenomenon have been studied by O. A. Tuiev 7 .Based on understanding the mechanism of committing criminal offenses within the specified group, scientists analyze and address in their research findings the following questions: mechanisms of public administration in countering 1 Берлач Ю. А. Адміністративно-правове забезпечення протидії рейдерству в Україні : автореф.дис.… канд.юрид.наук: 12.00.07.Київ, 2014.20   Individual theoretical and practical foundations for investigating criminal offenses associated with raiding are outlined in the scientific and methodological guidelines prepared by the team of authors from the National University Odesa Law Academy 10 , Kharkiv National University of Internal Affairs (V.V. Kikinchuk, V. O. Husieva) 11 , and representatives of the Main Investigation Directorate of the National Police of Ukraine and Dnipropetrovsk State University of Internal Affairs 12 .It is noteworthy that attempts to conduct forensic classification of criminal offenses related to raiding while outlining components of their forensic characteristics are considered a positive aspect 13 .
From our standpoint, the presented paper attests that overall raiding as an unlawful phenomenon is complex and multifaceted, arising from the multitude of criminal offenses it encompasses and their mechanisms.In various contexts, this problematics can become a subject of administrative law, criminal law, criminalistics, etc.Given the above and also acknowledging the lack of comprehensive developments regarding the methodology of investigating unlawful takeovers and seizures of property belonging to enterprises, institutions, organizations, agricultural land plots, and other assets, we believe it is worthwhile to ensure its scientific development.
The Article Purpose is to define current state of scientific support for investigating criminal offenses involving unlawful takeover and seizure of enterprises, institutions, organizations, their property, as well as agricultural land plots (hereinafter referred to as criminal offenses involving raiding).
Main Content Presentation.According to statistics obtained from open sources from January to October 2023, Ukraine initiated 312 criminal proceedings related to signs of raiding.This number is 2.4 times higher than in the whole of 2022, but lower than in 2021.

Serhii Tiulieniev THE CURRENT STATE OF THE SCIENTIFIC SUPPORT FOR THE INVESTIGATION OF CRIMINAL OFFENSES RELATED TO THE ILLEGAL ABSORPTION AND SEIZURE OF ENTERPRISES' PROPERTY, THEIR ASSETS
In order to ensure the sustainable development of the economy and ensure national security, one of the components of which is economic security, it is important to create appropriate protection mechanisms and ensure the unhindered activity of business entities.To prevent encroachment on the rights of the latter, to prevent the illegal takeover and seizure of enterprises, organizations, and institutions of various forms of ownership, encroachment on their property, as well as assets and land plots, it is necessary to ensure appropriate countermeasures to such facts, in particular, by criminal and criminal procedural methods.To ensure activities related to countering these phenomena with criminal procedural methods, it is important to ensure the scientific development of the relevant aspects of such activities.In this regard, the article's purpose was to find out the current state of scientific support for the investigation of criminal offenses related to the illegal takeover and seizure of enterprises, institutions, organizations, their property, and agricultural land.Based on the generalization of the normative provisions of the current criminal legislation, the theoretical work of Ukrainian scientists, the peculiarities of the scientific development of the problem of

The Current State Of Scientific Support In Investigating Criminal Offenses Involving
Illegal Takeover And Seizure Of Enterprises And Their Assets court during this year, whereas in 2022: none 14 .The above provides grounds to make a conclusion about insufficient level of efficiency in conducting pre-trial investigations in the specified category of criminal proceedings.
The current criminal procedural legislation envisages that pre-trial investigation of crimes and criminal offenses should be conducted in a timely manner by impartial entities, and following the principle of exhaustiveness in carrying out criminal procedural activities.This approach will ensure an objective understanding regarding a criminal offense, accompanied by an appropriate process for collecting evidence to substantiate circumstances to be proven in criminal proceedings, as well as other information, the specification of which holds organizational and tactical significance.The indicated activity, specifically concerning pre-trial investigation of criminal offenses involving raiding, should be ensured and accompanied by the use of innovative criminal procedural means of proof.In this regard, V. Yu.Shepitko rightfully pointed out that under current conditions forensic science should aim to provide systematic forensic support to relevant law enforcement agencies, optimize the investigation process by introducing innovations in law enforcement activities, standardize scientifically substantiated forensic recommendations, etc. 15 .From our perspective, outlining prospects of using innovative technologies in the process of investigating crimes involving raiding is impossible without determining current state of their scientific, particularly forensic, support.This will contribute to identifying problematic aspects requiring resolution.
In academic circles, raiding problematics was actively studied from various perspectives in the early 2000s.However, to this day, current criminal legislation does not define the raiding concept, leading to certain debates among scholars on this matter.Economists define raiding as an unfriendly seizure outside the scope of civil legislation.It involves taking over companies, redistributing ownership and corporate rights, establishing complete control over them in legal and physical aspects, against the will of the owner and in favor of another person.Sometimes it involves corruption and even the use of violence 16.In forensic literature, attempts are made to determine, based on the analysis of forensic and criminal law features, which specific crimes and criminal offenses can be classified as part of the group of criminal offenses involving raiding.Stemming from the above, the following actions may be included within this category: "1) unauthorised occupation of  The draft of the new Criminal Code of Ukraine generally presupposes criminalization of actions related to gaining control over an economic entity (known as raiding) and classifies it as a third-degree crime.Under this definition, the draft's authors propose recognizing the act as the establishment of illegal control over an economic entity, specifically a legal entity, through deliberate use of fictitious legal instruments.This activity takes place, in particular, through: 1) blocking or limiting actual access of a shareholder, participant, member of executive, or other body of within an economic entity to voting; 2) misrepresentation of a decision drawn by such a body; 3) violation or limitation of pre-emptive right to acquire securities of this economic entity 19 .When assessing the indicated element of a criminal offense, it is worth pointing out that it is classified among those that encroach upon the established order of economic activities (Section 6.4).The same draft also plans to criminalize actions such as leading a company to insolvency, violating the right to entrepreneurial activity, illegal handling of commercial or banking secrets, fictitious bankruptcy, etc.In light of the foregoing, we deem it necessary to emphasize that the suggested article aimed at establishing liability for raiding will not cover all actions that raiders might take to encroach upon the property of an enterprise, institution, organization, or agricultural activity, including their corporate rights and other assets.The analysis of investigative and judicial practice shows that raiding can occur with application of physical force with the purpose of obstructing activities of an enterprise, organization, institution, etc. Accordingly, considering the various types of criminal offenses outlined in the current Criminal Code of Ukraine, it is essential to focus on analyzing scientific development regarding pre-trial investigation of these particular offenses.
The problematics of land relations protection and responsibility for unauthorized occupation of land  analysis of the methodology for investigating a criminal offense outlined in Article 197-1 of the Criminal Code of Ukraine.Specifically, they studied and characterized components of the forensic methodology, including forensic characteristics, typical investigative situations, corresponding investigative versions, peculiarities of tactics in performing particular procedural actions, and specific expertise use 26.At the same time, bearing in mind the positive aspects and stemming from the textual analysis of this research paper, we come to the conclusion that certain aspects require more theoretical development, such as typical questions posed to a forensic expert during appointment of engineering-technical, land-technical, and other types of forensic examinations, technical-forensic support for investigation of this criminal offense, overcoming counteraction to investigations, etc. O. M. Nesterenko 27 has conducted a comprehensive study of issues associated with criminal liability for forgery of documents intended to be submitted for state registration of legal entities and individual entrepreneurs.At the same time, a distinct forensic methodology for investigating this criminal offense has not been developed.Only specific aspects have been highlighted in scholars' research papers.While H. L. Chyhryna 28 has clarified circumstances requiring proof during investigations, other significant questions remain underdeveloped.
Fundamentals of the methodology for investigating illegal gathering, use, or direct use of information containing commercial or banking secrets, as well as the basis for investigating counteraction to legal economic activities, have also been overlooked.A separate forensic methodology for illegal seizure of property belonging to enterprises, organizations, or institutions has not been developed yet.However, specific aspects of investigating these outlined criminal offenses occasionally find coverage in forensic literature.
Concerning counteraction to legitimate economic activities, it is only sporadically reflected in research papers by Ukrainian scholars.For instance, I. S. Hida 29 has developed forensic characteristics of a public official's counteraction to legitimate economic activities.The author has also outlined peculiarities of preparing for interrogation of a suspect involved in such criminal offenses.Typical investigative situations associated with counteraction to legitimate economic activities have been described by O. M. Artiukh and R. M. Dmytriv.
It is noteworthy that the issues concerning criminal liability for the unlawful seizure of property belonging to enterprises, organizations, or institutions have been extensively explored.I. M. Fedulova's 30 manuscript is dedicated to this subject.By considering the identified elements necessary for constituting this criminal offense, it becomes possible to develop a corresponding investigative methodology.Aspects such as forensic characteristics of these   For instance, K. S. Fomichovyi has provided a comprehensive analysis of evidential features in cases related to the illegal seizure by economic entities, elucidating the peculiarities of criminal procedural activities in the context of investigating crimes involving raiding.The author delineated circumstances of both objective and subjective nature, which require proof and influence procedural decisions, both during the pre-trial investigation stage and in court hearings 37 .
Conclusions.Efficient measures have been taken to ensure economic security, particularly in providing criminal-legal protection for economic entities, at the national legislative level.However, raiding has not yet been incorporated into the current criminal legislation, although it is envisaged in the new draft of the Criminal Code of Ukraine.Currently, various articles envisage responsibility for commission of specific actions aimed at illegal seizure of enterprises, organizations, institutions, their assets, property, land plots, etc.This gives us the right to talk about the existence of multiple groups of criminal offenses involving raiding.
The statistics compiled from reports by law enforcement and judicial authorities highlight the inadequate efficiency in pre-trial investigations concerning crimes associated with raiding.We attribute this to inadequate scientific support for investigating these criminal offenses, as specifically confirmed by analyzing the theoretical work of domestic theorists and practitioners.This is due to the fact that proceduralists and criminalists have not yet studied the majority of these criminal offenses, which fall within the group of offenses being researched by us.Consequently, the issues concerning peculiarities of their proof and investigation remain underdeveloped, necessitating the pursuit of corresponding scientific research.
Guided by the principle of unity between theory and practice, we can presume that ensuring the scientific development for pre-trial investigation into violations of the lawful rights of owners of enterprises, institutions, organizations, and land plots will stimulate the activation of pre-trial investigations and the legal and justified decision-making in these proceedings aimed at restoring violated rights of affected parties.During these activities, it is

The Current State Of Scientific Support In Investigating Criminal Offenses Involving
Illegal Takeover And Seizure Of Enterprises And Their Assets crucial to ensure the development of fundamental principles for implementing and applying innovations in practical investigations concerning these criminal offenses, taking into account the needs of investigative and judicial authorities, and drawing from internationally tested experience in this context.
criminal offenses 31 and typical investigative scenarios during the initial stages of raiding investigations 32 , etc., have been also studied in legal literature.Authors have also characterized specific aspects of countering criminal offenses associated with raiding.These aspects are outlined in research papers by O. M. Luhovyi 33 , O. M. Artiukh 34 , D. B. Sanakoiev 35 , M. I. Kamlyk, and others 36 .
The Current State Of Scientific Support In Investigating Criminal Offenses Involving Illegal Takeover And Seizure Of Enterprises And Their Assets raiding 8 , peculiarities of criminal law assessment of illegal abuses by state registrars 9 , etc.
The Current State Of Scientific Support In Investigating Criminal Offenses Involving Illegal Takeover And Seizure Of Enterprises And Their Assets main anti-raider criminal offenses are defined as those envisaged in Articles 205-1, 206, 206-2 18 .

Serhii Tiulieniev L'ÉTAT ACTUEL DU SOUTIEN SCIENTIFIQUE AUX ENQUÊTES SUR LES INFRACTIONS PÉNALES LIÉES À LA PRISE DE CONTRÔLE ET À LA SAISIE ILLÉGALES D'ENTREPRISES ET DE LEURS ACTIFS
The Current State Of Scientific Support In Investigating Criminal Offenses InvolvingIllegal Takeover And Seizure Of Enterprises And Their Assets The Current State Of Scientific Support In Investigating Criminal Offenses Involving Illegal Takeover And Seizure Of Enterprises And Their Assets