Police visit. A meeting

Police visit. How to behave? Meeting

So, you came to the company two police officers with the requirement to provide a package of contractual and accounting documents on the relationship with the company Cactus over the past two years.

The director of the company is absent, but there is a lawyer who respects the entire structure of law enforcement agencies, but also knows about the cases of communication with them that are not always positive for business. Therefore, it is focused on the fact that, unless absolutely necessary, documents should not be provided, and without making an appropriate weighted decision at the highest level, all the more.

How to start a conversation?

You need to start by explaining the reasons for the lack of guidance, and right after that with an acquaintance.

There is no director (vacation, business trip, illness, just participation in a long and difficult business meeting outside the company, and possibly the city). Chief Accountant also.

Besides the humble lawyer, there is no one to talk to. No, you can of course come another time when these staffing issues get better. But to start a conversation on the merits does not interfere. The lawyer is authorized by the director to represent the interests of the company in all law enforcement agencies. Here is his power of attorney. Want to make sure that it is he? Here is his passport. Does she have the right to be acquainted on behalf of the company with the court decision on the transfer of documents or to receive a request? Everything is written in a power of attorney.

Now it's the turn of the police to introduce themselves (as in the famous movie: “Whose are you?”)

According to the law "On the National Police", a police officer is obliged not only to have a certificate of employment, but also to present it upon request. At the same time, it’s not just to present, as they say, “waving it in front of your nose”, but, as stated in the law, provide an opportunity to familiarize yourself with the information contained in it, without releasing the certificate from the hands.

In fact, the correct provision of the certificate requires two things:

  1. Make sure that the ID is presented by the person in whose name it was issued - by visually checking the photo.
  2. Rewrite absolutely all the information that is contained in the business ID (his number, date of issue, last name, first name, patronymic, position, place of work, rank, the term for which it was issued, etc.).

What it is for. The certificate may be fictitious, issued to another person, expired, contain the old name of the unit.

There are cases when former police officers, not having fraudulently handed over a certificate of dismissal, appear to be acting police officers, having the initial intention to take illegal actions for personal gain.

If this does not happen (the credentials are not presented or the opportunity to rewrite their content is not provided), it is correct to call the police. This can be done by dialing the telephone number 102, the telephone number of the local regional police department, or the national police hotline 0-800-50-02-02.

Continuing communication with them is not correct. Let the police deal with the police who is who.

If there is no doubt about the powers of the police, you need to find out what exactly they need and on what basis. Such goals, which can be pursued by the police, can be divided into three categories:

  1. Search for a specific person.
  2. Inspection of the company's premises in order to search for certain items and documents in them.
  3. Retrieving documents.

In the first case, such a person is not in place, but the lawyer can sign the receipt of the agenda. The agenda may be handed to the person through the management of the company in which he works. Subsequently, the employee must either appear for questioning, or a justification of the validity of the reason for his failure to appear must be presented.

No agenda - come back tomorrow with a agenda.

In the second case, this is a search, the basis for which is a motivated determination of the investigating judge. There is no such definition - come back tomorrow.

In the third case (which was described at the beginning), there can be two such grounds at once. This may be a written request from the police for the provision of documents, and if the visit was preceded by a thorough preparation - a court ruling on granting temporary access to things and documents.

If there is nothing, then the issue of providing documents should not be discussed at all - come back tomorrow.

Police officers should be advised to come with a court ruling, which will be executed, or with a request to be considered, with a written positive or negative response.

If there is a basis for requesting documents, a lawyer, on the basis of a power of attorney, receives a request, signing her receipt on the second copy, or is acquainted with a court ruling. If it is not possible to persuade the police to allow a copy of this definition, its content will need to be rewritten.

After that, a lawyer must honestly explain to police officers that there is no possibility to immediately fulfill their request.

This is due to a number of organizational difficulties, from the actual lack of leadership in place to other personnel problems associated with the illness of key employees. This can be justified by today's departure for an urgent business trip (for a day or two, not more) and a lawyer who, in the absence of a guide, should organize the process of preparing documents.

In any case, making the right decision on the essence of the issue takes time. And the more it will be - the better. Moreover, the situation often needs to be understood fundamentally.

The fact that your company really worked with the counterparty actually bought the counterparty goods that existed and does not mean on paper that it does not mean that by providing documents on such relationships you will not have problems in the future.

It happens that then the law enforcement agencies happily inform you that the counterparty is a fictitious company. It can not be, because the goods are delivered! You start to figure it out. It turns out the truth is fictitious: the director testified that the firm had never carried out economic activities, but was intended to cash money. And the delivered goods? Yes, there is such an unscrupulous Vasya, who was related to a fictitious company and decided to use it not in profile. He had access to the press, concluded a contract, cashed in advance, bought the goods for cash, released your company for invoices. So it turns out that you have a contract and invoices. And you paid the money and received the goods. Only to the counterparty he did not enter by bank transfer. Plus a criminal case and a fictitious company. Plus, besides this, Vasya, who left and did not leave the address, your company’s employees do not know of any counterparty company.

It's a shame, but it's good if you figure it out on time. Before you give the documents.

Now what to do with them? Options are still there. They can be destroyed if this period is checked by the tax inspectorate, and the established storage periods for these documents have expired. They may be examined by a lawyer who provides services to your company and with whom a lawyer agreement is concluded. There may be other options.

Do you feel insecure when communicating with law enforcement? Contact us!

Alibi Law Firm at your service!

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