Police visit. Training

Police visit. How to behave? Preparation

This situation can occur in any enterprise in Ukraine, regardless of the nature of its activities. One or more often two people come and say: “Hello, we are from the police”.

Why come? As a rule, they are interested in certain information relating to the activities of your company or the economic relations of your company with certain counterparties. Probably, the visitors immediately go further and demand to provide them with contracts and documents drawn up in pursuance of these contracts, on relationships with a certain counterparty, also for a certain period of time.

In practice, today it is possible to provide, at first glance, perfectly safe information about real-life relationships with the counterparty, and tomorrow to answer unpleasant questions about the likely fictitiousness of the same relationship.

How to behave when a possible search of the company or the visit of regulatory authorities to the office, for example, labor inspection or police. How to start correctly?

Of course, from the preparatory activities that precede the visit!

First of all, the responsible persons (or person) responsible for the meeting of the potential inspectors, as well as the place of this meeting, must be identified.

Responsible person .

It is clear that your company is managed by a director or another manager who is responsible for everything that happens and makes all the important decisions. However, we can recommend to refrain from inviting representatives of law enforcement agencies directly to his office.

The fact is that the manager must make any decisions thoughtfully and, if possible, not in a hurry. And especially not in a situation where a couple of police representatives are strictly looking at him, demanding his immediate action. And there will be no space for maneuver in this situation. Say: “Come tomorrow” - he will not be able to. Take time to think too.

Space for maneuver appears, if the director is temporarily out of place. And there is no connection with him either. However, there is a special person assigned to them. This person can be a lawyer of your company. And in case work with law enforcement agencies is not his forte, it can be a lawyer with whom a lawyer service contract was previously concluded and who undertook to come to your office no later than 20 minutes after the call. In turn, the lawyer already knows how to conduct a dialogue with representatives of various structures within the framework of the law.

This may be a representative of the security service, who, as a rule, is himself a retired law enforcement officer.

These two specialists can also work in pairs, which is convenient if the reviewer also comes in more than one.

At least one of the responsible persons should have the authority to represent the interests of the company in law enforcement agencies, to receive documents and also familiarize themselves with the procedural documents. Such powers are granted by issuing the appropriate power of attorney.

In this case, the person in charge can successfully act as a kind of buffer between a law enforcement representative and the head of the company.

There is a written request - it was received by signature by the responsible person. There is a court ruling on seizure (provision of temporary access to things and documents) - the person in charge is also familiar with it.

In this context, the temporary absence of a head for the police is already her and critical.

Meeting point.

Law enforcement officers should not move independently around the enterprise.

If the manager is absent and his office is locked, the police officers should be invited to the designated room. This should be a specially prepared separate impassable room, without documents, without office equipment and means of communication, minimally equipped with furniture. Preferably near the entrance or security.

If the person in charge needs a little time to arrive, the police representatives should expect him there.

If a decision is made on the provision of documents, they should be provided to the police in the indicated room.

Say it too much? We give a case of life in support of both sections at once.

The OBEP employees came to the enterprise. Their guards led the director to the office. The latter was informed that the Ministry of Internal Affairs is aware of the supply of raw materials to the enterprise by the firm (for example) the Golden Key, in connection with which it was proposed to provide the appropriate invoices. The director invited a lawyer (who took 15 minutes to travel) to assess the legality of the actions of employees of the DAEC.

Refusing tea, one employee of the DAEC asked where the company's accounting department is located, and the second one - where the supply department is located.

After 15 minutes a lawyer arrived and declared the illegality of the actions of the employees of the DAEC, to which they responded by telling him two smart things:

They have already found everything, and tomorrow the relevant authorities will decide whether to initiate a criminal case against the director on the fact of economic relations with a fictitious company. In fact, the search and seizure of documents has already occurred.

If there are questions about the legality of their actions, the director may complain about them to higher authorities right now.

However, the winners are not judged, are they? In this case, the situation will develop in the right direction, and the director will have time to assess the risks and make an informed decision if there is a buffer in the form of a special person (responsible person) and a properly organized meeting place.

Meeting Schedule

The person in charge is well aware of those who came to check or search, even sympathize with them somewhere, but has no decision-making authority.

If there is an appropriate court ruling requesting the provision of documents - he is ready to read it, presenting his passport and power of attorney, as well as sign it in place of the absent director.

If there is a request for the provision of documents, he is also ready to receive it against the signature (if it is not there, he will definitely recommend them to come tomorrow).

However, after this starting point of the beginning of the joint work, he will have to take a pause from several days to a week (possibly, depending on the circumstances of the director’s absence). This is necessary in order to report the situation to the manager, make a positive decision, give relevant instructions, find and prepare documents, accumulate from the person in charge, etc.

With this approach, the visit of police officers with a conversation on the essence of the issue will begin not in their first arrival, but in the second. And the won period of time will allow the head of the company to make the right decision on the merits of the issue, based on a comprehensive assessment of all possible risks.

You had an unsuccessful experience in dealing with law enforcement agencies, and you are looking for a foothold and protection against illegal actions, wanting to feel more confident in the future? Maybe your rights have been violated?

Alibi Law Firm at your service!

Our experts are ready to provide you with comprehensive protection against unlawful actions of law enforcement and other regulatory agencies!

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