RETROSPECTIVE ANALYSIS AND FORECASTS OF RAIDING IN KAZAKHSTAN

Abstract

Under the conditions of the modern market economy in Kazakhstan, criminals actively use the mechanism of raider seizures of firms and enterprises. Despite the fact that raiding was popular in the 20th century, it is currently changing, the methods of raider seizures are improving, and it is sometimes difficult to distinguish between them and civil disputes. Modern practice shows that imperfect legislation, especially legislative gaps, is widely used for raider seizures. The article analyzes the emergence of raiding in Kazakhstan, its development, the current state, and also displays government measures to counter raiding at all its stages. According to statistical data, there is a low level of law enforcement of the norm providing for liability for raiding, which is an area of intersectoral legal regulation, carried out through the norms of civil, criminal and other branches of law. In some cases, the actions of the raiders can be qualified as a crime or as a civil offense. In this regard, it is necessary to clearly distinguish between corporate disputes and raiding. In addition, we believe that one of the reasons is the imperfection of the design of this article, which ultimately does not sufficiently implement the principle of inevitability of punishment. There are no market mechanisms in Kazakhstan, since most companies are non-public, and control over a company is the result of a combination of legal and illegal means and methods. Based on this, for a start it is necessary to improve the legislation governing the processes of mergers and acquisitions, to create favorable conditions for this. In other words, if we follow foreign experience, we need to simplify some of the ways to legalize, while creating an independent organization that would act as a disinterested link and would ensure the observance of the parties’ rights. Together with these mechanisms, the establishment of a corporate governance system, an increase in the transparency and openness of the activities of companies, the growth of professionalism and managerial discipline of managers will help stabilize the situation.