Publication date: 25.06.2024
Legal mechanisms of protection against raider attacks during the war
Introduction
Raider attacks on businesses and property are a serious threat to the economic stability of any country. In times of war, this threat may increase due to general instability, legal uncertainty and reduced control by government authorities. In this section, we will analyze the main legal mechanisms of protection against wartime raider attacks.
The main part
Legal framework
Civil Code of Ukraine
- Regulations on the protection of property rights.
- Mechanisms for restoring violated rights.
The Criminal Code of Ukraine
- Liability for unlawful seizure of property (Art. 206-2).
- Sanctions for abuse of office and forgery of documents.
The Law of Ukraine "On Protection of Property Rights and Other Proprietary Rights"
- The procedure for the protection of real rights to real estate.
- Mechanisms for restoring violated rights.
Law of Ukraine "On Prevention and Combating Corruption"
- Mechanisms for preventing corrupt practices that facilitate raider attacks.
- Liability for corruption offenses.
Administrative measures
Strengthening control by government agencies
- Specialized anti-raider commissions: Establishment of special commissions under the Ministry of Justice of Ukraine to respond promptly to cases of raider attacks.
- Strengthening of supervision: Increased supervision of registration activities by state registrars and notaries.
Simplification of rights protection procedures
- Prompt consideration of complaints: Establishment of shortened timeframes for consideration of complaints against actions or omissions of state registrars.
- Temporary blocking of registration actions: Introduce a mechanism for temporary blocking of registration actions at the request of the owner or an authorized body in case of suspected raider seizure.
Legal defense
Specialized courts of law
- Anti-raider courts: Establishment of specialized court chambers or judges to hear cases of raider attacks.
- Expedited proceedings: Establishment of an expedited procedure for consideration of raider attacks cases to ensure quick restoration of violated rights.
Interim measures
- Seizure of property: Possibility to seize property that is the subject of a dispute until the case is resolved on the merits.
- Prohibition of registration actions: Prohibition of any registration actions in relation to the property that is the subject of the dispute.
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Information events
Expanding access to information
- Public registers: Ensure open access to real estate, legal entity and other registers to verify information about owners and property.
- Information campaigns: Conducting information campaigns to raise awareness of possible threats and ways to protect against raider attacks.
Increasing transparency
- Electronic services: Introduce electronic services for filing and reviewing complaints against the actions of state registrars and other officials.
- Online consultations: Providing consulting services to owners and entrepreneurs through online platforms to protect their rights against raider attacks.
Business support
Counseling centers
- Legal consultations: Establishment of centers providing free legal advice for entrepreneurs who have been or may be victims of raider attacks.
- Psychological support: Providing psychological support to affected entrepreneurs and employees.
Financial assistance
- Compensation mechanisms: Introduce mechanisms to compensate for losses caused by raider attacks at the expense of the state budget or special funds.
- Credit programs: Introduce preferential loan programs for businesses affected by raider attacks to restore their operations.
Practical activities
Internal security of enterprises
- Security audit: Conducting regular security audits and assessing the risk of raider attacks.
- Security policy: Development and implementation of an internal security policy, including measures against raiding.
Cooperation with law enforcement agencies
- Direct contact: Establishing direct contact with local law enforcement agencies to respond quickly to suspicious activity.
- Joint trainings: Conducting joint trainings for employees of enterprises and law enforcement officers on countering raider attacks.
Legal support
- Professional lawyers: Hiring professional lawyers specializing in anti-raidership and corporate conflicts.
- Monitoring changes in legislation: Continuously monitor changes in the legal framework and court practice to respond to potential threats in a timely manner.
Increasing responsibility
Strengthening criminal liability
- Increase of sentences: Amendments to the Criminal Code of Ukraine to increase the penalties for raider attacks.
- Confiscation of property: Introduction of confiscation of property obtained as a result of raider attacks.
Administrative sanctions
- Fines and revocation of licenses: Impose high fines and revoke licenses for state registrars and notaries who facilitated raider attacks.
- Public register of offenders: Maintaining a public register of persons involved in raider attacks to prevent their further activities in this area.
Cooperation with international organizations
Exchange of experience
- International forums: Participation in international forums and conferences dedicated to anti-raiding issues.
- Joint projects: Implementation of joint projects with international organizations to improve the level of property rights protection.
Technical assistance
- Training programs: Organizing training programs and workshops with the support of international organizations to improve the skills of Ukrainian specialists.
- Technical equipment: Obtaining technical assistance in the form of modern equipment to ensure an adequate level of security and control.
Conclusion.
Protection against raider attacks during wartime requires a comprehensive approach that includes legislative, administrative, judicial, informational and practical measures. Joint efforts of government agencies, businesses, law enforcement agencies and international organizations will help create an effective system of property rights protection and ensure economic stability even in difficult wartime conditions.
