The relevance of the study is due to the presence of a number of problems in the framework of countering the manifestations of extremism. The article focuses on the need for comprehensive measures to counter raiding, as a form of economic extremism. The authors believe that it is possible to effectively counter the manifestations of economic extremism and its extreme form - raider seizures of property only under the condition of a systematic approach, which includes measures of an organizational-legal, cultural, economic, educational and propaganda-ideological nature. The authors pay special attention to the need to develop and adopt anti-raider regulations aimed at eliminating the causes and conditions conducive to raider seizures of property; implementation of state programs to support small and medium-sized businesses; taking preventive measures of economic and legal protection of owners; practical training of business owners on tactics and methods of detection and prevention of raider attacks; development of competences in the field of counteraction to economic offenses. The article presents the results of the Samara State University of Economics in developing skills for self-identification of economic offenses, techniques and methods aimed at eliminating both external and internal threats of "unfriendly" and criminal absorption of property of enterprises and organizations. The materials of the article are of practical value for government authorities implementing measures to counteract raiding, law enforcement agencies, practicing specialists in the field of economic security and state and legal regulation of economic activity, as well as in the investigation and qualification of economic crimes.
Keywords: Economic extremismdestructive economic activityraiding
The modern period of development of Russia is characterized by cardinal transformations taking place in all spheres of public life, including in the economy. It is well known that the era of reforms is characterized not only by positive achievements, but also by negative consequences. The latter include extremism in the field of economic relations. It should be noted that in recent years, the problems of countering various manifestations of extremism have gained wide popularity in scientific research, both by domestic authors and foreign scientists. However, insufficient attention is paid to the issues of combating the economic variety of extremist actions. At the same time, there are practically no studies of extremely radical actions, often accompanied by violence, in the sphere of production, distribution, exchange and consumption of goods and services, which, as you know, have received a generalized name - economic extremism. We are convinced that the manifestations of extremism in the economy undermine the foundations of our state, presenting a real threat to its security. At the same time, this is a problem of the global world order, in the solution of which the whole civilization is interested.
The objective of the study is to analyze the current stage of countering economic extremism, and to determine a set of measures aimed at combating raiding in the Russian Federation. In the process of solving the indicated problem with an emphasis on the educational opportunities of Samara State University of Economics, the authors attempted to present a system of anti-raider measures of organizational, legal, cultural, economic, educational and propaganda nature.
It should be noted that recently the problems of countering various manifestations of extremism have become very relevant, which is confirmed by the significant popularity of a number of scientific studies on this subject, both by domestic authors and foreign scientists. However, insufficient attention is paid to the issues of combating the economic variety of extremist actions ( Evseev, 2017). At the same time, especially in the last few years, extremely radical actions, often accompanied by violence, in the sphere of production, distribution, exchange and consumption of goods and services are united by a generalized concept - “economic extremism”.
Economic extremism can be characterized as a conscious destructive economic activity of individuals or groups that ignores established rules, slows down or stops the development of society, which ultimately leads to the degradation of the economy of society ( Pozdnyakov, 2014). This type of extremism finds its expression in the destabilization of modern society through aggressive methods of doing business, undermining its socio-economic foundations: a variety of forms of ownership, competition in the economic sphere, independence and initiative of business entities, freedom of access to market information, etc. ( Starostenko & Kartashov, 2014).
Economic extremism also aims to disrupt the functioning of the manufacturing sector by discrediting and disseminating false information about goods, services, and specific producers.
Economic extremism in interstate relations can provoke a decrease in the productivity of social labor and the growth rate of volumes and quality of manufactured products, cause irreparable damage to the industrial potential of entire states, and lead to a drop in the level of economic efficiency as a whole. A vivid example of economic extremism is the sanctions policy of Western countries and their satellites in relation to Russia, the so-called "restrictive political and economic measures." Contrary to international business rules, WTO rules and business etiquette, “fake news” is spreading about entire sectors of the Russian economy or about its economic projects (for example, the Nord Stream 2, South Stream, and Crimean Bridge projects) , unreasonable prohibitions are introduced on the import or export of certain goods and in relation to specific business persons. Such pressure weakens the ruble exchange rate and may threaten both the bankruptcy of individual enterprises and the crisis in the domestic and global economies.
Extreme forms of extremism in the economic sphere are such acts as sabotage, arson, absorption or seizure of property (raiding - from the English raider “raider”). Moreover, in Western countries raiding is not considered a criminal phenomenon, but fits into the framework of economic relations. The merger, including the hostile and “unfair takeover” of enterprises, was reflected in the works of domestic and foreign researchers: ( Gaughan, 2014; Faccio & Masulis, 2004; Teti, Dell'Acqua, Etro, & Volpe, 2017; Osipian, 2018; Ossorio, 2019; Rochlitz, 2014; Kazun, 2015). We believe that raiding, as a form of economic extremism, constitutes a significant threat to economic relations. The practice of raider seizures of property in Russia is widespread. The main destructive essence of raiding is to undermine the economic security of countries, raider seizures of property undermine the international image and investment attractiveness of our state ( Gerasimenko, 2015).
Conventionally, the methods of taking property by raider seizures can be divided into three main types: black (illegal), gray (semi-legal) and white (under the current law). Black raiding, characteristic of the 90s of the twentieth century, associated with the natural process of rampant gangsterism, the activities of organized criminal groups, carried out by falsification of documents, forgery, the use of force (violence, threats, hostage-taking) and corruption schemes, are currently in Russia is almost never found, remaining in the criminal history of the country.
The most common gray schemes of raider seizures are characterized by combinations of minor offenses in the civil sphere of legal relations and legal measures. For example, on the one hand, actions to create artificial barriers to business, using administrative barriers to companies entering the market, creating a negative image of the company and corporate blackmail, anticompetitive agreements between business entities, aggressive dominance of goods and services in the market, or imposing obviously unfavorable conditions contract leading to the elimination of independent business entities In such ways, often monopolists “squeeze” representatives of small and medium-sized businesses. On the other hand, the problems and disadvantages of civil regulation of entrepreneurial activity, the contradictions that arise in law enforcement practice and apparent abuse of rights also create favorable conditions for raiding.
White raiding or raider seizures within the legal framework (imperfect) is carried out, as a rule, by redeeming blocks of shares from minority shareholders of a company in order to destabilize, and then block the activities of the enterprise, and then change the owner - purchase the company at a lower price. White raiding is also characterized by actions aimed at provoking additional checks of the enterprise by regulatory authorities, during which the activities of the business entity are paralyzed, and the owners suffer losses. As a result, participants are forced to sell illiquid assets. Another characteristic white way of taking property is to redeem the company's monetary obligations, and then make unrealistic claims to the owner in order to initiate bankruptcy proceedings (then the company's property is acquired through tendering at a significantly reduced cost).
Modern raider seizures are characterized by sophisticated methods and disguise themselves as legal actions to take over companies, including falsification of legal proceedings. For these purposes, highly qualified economists, lawyers, and often law enforcement agencies are involved. Therefore, the development and adoption of regulations to counteract raiding in Russia, aimed primarily at eliminating the causes and conditions conducive to raider seizures of property, along with the improvement of anti-corruption legislation, is one of the priority areas of rulemaking.
Purpose of the Study
The purpose of the study is related to the need to analyze measures to counter economic extremism, while at the same time scientifically summarizing the theoretical views structured taking into account legislative innovations. The emphasis is on the study of measures to counter the manifestations of economic extremism and its extreme form - raider seizures of property. The aim is to summarize the results of the Samara State University of Economics in developing skills for self-identification of economic offenses, techniques and methods aimed at eliminating both external and internal threats of "unfriendly" and criminal absorption of property of enterprises and organizations.
The methodological basis of the study is materialistic dialectics, as a universal method of cognition. The basis of the study is a metaphysical approach, dialectical and epistemological representations. In addition to the basic method, private scientific ones are also involved, namely: historical-structural, formal-logical, comparative law, modeling, expert assessments, sociological.
Legislation has been adopted in Russia to increase guarantees for the preservation of property rights, for example, to regulate the basic principles of accounting for property rights to registered securities, and liability for certain violations arising from improper maintenance of the register of shareholders is envisaged. The measures taken contribute to the protection of corporate property. However, they are insufficient.
The current administrative-tort and criminal legislation of the Russian Federation, although it does not contain a definition of raiding, nevertheless has special rules providing for both administrative and criminal liability for actions related to raider seizure of enterprises. As part of counteracting raiding, as a form of economic extremism, Russia implements state programs to support small and medium-sized enterprises, and comprehensive state anti-corruption measures are being taken.
Among the ways to counteract raider seizures of property, it is worth highlighting the development and adoption of preventive measures of economic and legal protection of owners, which, in particular, include: conducting an audit of the organization’s security systems; implementation of modern standards for the protection of confidential information; monitoring the debt of enterprises and the implementation of methods for its optimization; legal and organizational measures to counteract industrial espionage and other comprehensive measures.
Special anti-raider measures include practical training of business owners on the tactics and methods of detecting and preventing raider attacks. The development of the Russian information technology industry (in particular electronic document management, the opening of state databases, the infrastructure of electronic commerce, information processing and storage centers) plays an important role not only in the formation of the information society, but also in terms of optimizing business processes and eliminating bureaucratic barriers in interaction government and business, helps to reduce corruption, as a result - is one of the measures aimed at protecting, including from raider attacks in the property. Considerable attention is paid to improving the cultural and economic level of business entities, developing competencies in the field of counteracting economic violations. In this direction, significant progress has been made by the Samara State University of Economics (SSEU). So, in the SSEU, within the framework of the "Economics" and "Jurisprudence" areas, unique educational programs are being implemented. The program "Entrepreneurship" allows you to implement comprehensive training of specialists in the fields of economics, accounting, taxation, design activities and law. The program “Fighting offenses in the field of economics” forms the skills of self-identification of economic offenses, aimed at training specialists in the field of investigation, inquiry, operational-search activities.
In addition, on the basis of the university, trainings and master classes are held, professional development programs have been developed for entrepreneurs and law enforcement officials, providing for the acquisition of skills aimed at eliminating both external and internal threats of "unfriendly absorption". In 2018 alone, about 100 subjects of small and medium enterprises of the Samara region and representatives of organizations that provide their infrastructure support underwent training at the SSEU. The acquired knowledge and skills of participants in continuing education programs to counter raiding are effectively used in practice. It can be said with all responsibility that the Samara State University of Economics is a recognized All-Russian and regional platform for the training of specialists capable of counteracting economic raiding.
The department of the Organization for Combating Economic Crimes (OBEP), Institute of Law, SSEU, conducts applied research aimed at developing a set of anti-raider legal and economic measures, as part of the teaching of the disciplines of the criminal law cycle (Criminal Law, Criminology, Criminology, Qualification of Crimes, Methodology and crime investigation tactics), corresponding anti-raider topics are provided. Interdisciplinary projects are being actively implemented in order to interact with experts from other areas of law, representatives of economic science. An example of successful interdisciplinary educational interaction is the training at the SSEU of specialists in the areas of Economic Security and Legal Security. It is such personnel that are in demand in practice. The Department of Economic Crimes stimulates the initiative of law students and economists to conduct research in the field of combating various manifestations of extremism, including in the field of economic relations. As part of the research work, the department consults on the subject of legal opposition to hostile takeover.
The tradition was the holding by the Institute of Law of SSEU of the annual anti-extremist forum, where students, scientists and practitioners exchange experiences in combating violent extremism and in countering the financing of terrorist activities. The purpose of such events is to increase awareness of manifestations and economic extremism (methods of raider seizures of property, legal and economic measures to counter raiding).
Thus, at present, the teaching staff, students and students of Samara State University of Economics are actively involved in disseminating knowledge on economic and financial security, anti-raider methods among the business community of the region, law enforcement agencies and students - future specialists in the field of economic security and state and legal regulation of economic activity, as well as in the field of investigation and qualification of economic crimes.
Effectively counteracting the manifestations of economic extremism and its extreme form – raider seizures of property is possible only under the condition of a systematic approach, which includes measures of an organizational-legal, cultural, economic, educational and propaganda nature.
Economic extremism is a multifaceted and controversial negative phenomenon in the modern economy, which can be aimed both at the destruction of existing forms of ownership (or the imposed establishment of any one form), and at forcibly changing methods of managing, and eliminating competition among business entities.
The extreme manifestation of economic extremism as a result of opportunistic behavior of subjects of economic relations and unfair business practices is raiding, which destabilizes the existing economic relations and undermines the socio-economic basis of society.
One of the priority areas of norm-setting activity in modern Russia is: development and adoption of normative acts to counteract raiding, increasing guarantees of preserving property rights; the development of anti-corruption legislation and the adoption of comprehensive state anti-corruption measures; improvement of administrative-tort and criminal legislation regarding the regulation of legal sanctions aimed at protecting property relations; implementation of government programs to support small and medium-sized enterprises.
The organizational component includes: the development and adoption of preventive measures of economic and legal protection of owners; practical training of business owners on the tactics and methods of detecting and preventing raider attacks; optimization of business processes, elimination of bureaucratic obstacles in the interaction of the state and business.
Cultural and educational components imply: increasing the cultural and economic level of business entities; developing competencies in the field of counteracting economic violations; dissemination of knowledge on economic and financial security, anti-raider methods.
Counteraction to the manifestations of economic extremism and its extreme form - raiding is possible only within the framework of a systematic approach, including measures of organizational, legal, cultural, economic, educational and propaganda nature. Achievements of the Samara State Economic University show how the university platform can be successfully used for such purposes.
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09 March 2020
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Yavorsky*, M. A., Milova, I. E., Khasnutdinov, R. R., & Zolotov, A. M. (2020). Countering Economic Extremism: Features Of The Modern Stage Of Development. In S. I. Ashmarina, & V. V. Mantulenko (Eds.), Global Challenges and Prospects of the Modern Economic Development, vol 79. European Proceedings of Social and Behavioural Sciences (pp. 1408-1414). European Publisher. https://doi.org/10.15405/epsbs.2020.03.202