The subject of raiding remains urgent and at the same time very painful for Ukraine, especially for foreign investors. It isn’t accepted to speak about it openly. The victims of similar captures in rare instances make public the fact of their entities occupation.
Syutkin & Partners Law Firm together with USUBC, the Ministry of Justice of Ukraine, Business by the Ombudsman, also with the Representative of the anti-raider union and representatives of the Arricano Real Estate company, which suffered from raider capture,carried out a round table on a subject: “PROTECTING YOUR BUSINESS & SECURING YOUR ASSETS BEFORE RAIDERS ATTACK” Protection of your business and assets against raider captures.
During the discussion representatives of foreign business named the existing problems of preserving and protection of assets in the territory of Ukraine. Pavel Moroz, the deputy Minister of justice, drew the attention of attendees to the changes in the current legislation of Ukraine which had been already realized by the Ministry, directing to the strengthening of the protection of assets of the foreign companies.
The discussion was emotional and rather heated: business blamed the state and the current legislation of Ukraine, representatives of the Government noted the positive changes which had already happened in this sphere. Also, the attention of representatives of business was drawn to the fact that raiding as the phenomenon, exists for a long time and even the most advanced legislation will always have certain shortcomings. It is possible to be convinced of it, having analyzed the legislation of developed countries: for example, in the USA , where raiding has been still existing, however, in a modified form.
Nataliya Osadchaya,the partner of the Syutkin & Partners Law Firm company, drew the attention of the assets which are present for a role of the business at protection which, in her opinion, is huge. The special attention of Syutkin & Partners Law Firm was focused that only the owner of assets responsible for their preserving. Besides, owners of business shall be engaged in “raiding prevention” which is necessary at a stage of “occurrence into the project” or at a stage of the actual introduction of investment.
Nataliya Osadchaya, the partner of the Syutkin & Partners Law Firm company summarized:”Only in case when business consciously approaches a question of protection of the assets but doesn’t close an eye to existence of this problem, hoping that it won’t concern it when business made everything from it, depending for risk minimization of loss of assets, it consciously deprives of raiders of the slightest opportunity for illegal capture. Only, in that case, the entity isn’t interesting to aggressors. We are for “prevention” but not “treatment”. As practice has shown, “treatment”has been already and not a salvage” .
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