Protection from law enforcement. Preparation

Visit the police. How to behave? Preparation

 This situation can occur at 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 do they come? As a rule, they are interested in certain information related to the activities of your company or the economic relations of your company with certain counterparties. Perhaps visitors immediately go further and require them to provide them with contracts and documents drawn up in fulfillment of these contracts, for the relationship with a particular counterparty, and for a certain period of time.

In practice, it is possible today to provide, at first glance, absolutely safe information about really existing relationships with the counterparty, and tomorrow to answer unpleasant questions about the likely fictitiousness of these same relations.

How to behave in the event of a possible search at the enterprise or a visit of the controlling bodies to the office, for example, labor inspectorate or police. Where to start?

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

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

Responsible person.

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

The fact is that the manager should take thoughtful and, if possible, not in a hurry to make any decisions. And certainly not in a situation where a couple of police officers strictly watch him, demanding his immediate action. And there will not be room for maneuver in this situation. Say: "Come tomorrow" - he will not be able to. Take time to reflect also.

The 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 appointed by him. This person can be a lawyer of your company. And in the event that working with law enforcement agencies is not his strong point, it could be a lawyer with whom a lawyer's service contract was pre-contracted and who undertook to arrive at your office no later than 20 minutes after the call. In turn, the lawyer already knows how to properly and within the framework of the law conduct a dialogue with representatives of various structures

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

These two specialists can also work in pairs, which is convenient, if the inspector also comes not 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 to get familiar with the procedural documents. Such powers are granted by issuing an appropriate power of attorney.

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

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

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

Meeting point.

Law enforcement officers should not move independently on the territory of the enterprise.

If the leader is absent and his office is locked , police officers should be properly invited to a specially assigned room. This should be a specially prepared separate non-stop room, without documents, without office equipment and communication equipment, minimally equipped with furniture. It is advisable near the entrance or guard.

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

If a decision is made to provide documents, they should be provided to the police representatives in the specified room.

Will you say that this is too much? Let us cite a case from life in justifying both sections at once.

Employees of the Economic Police Board came to the enterprise. Their guards held the director's office. The latter was informed that the bodies of the Ministry of Internal Affairs are aware of the supply of raw materials to the company by the company (for example) the Golden Key, and therefore it was proposed to provide the relevant invoices. The director invited a lawyer (who took 15 minutes on the road) to assess the legality of the actions of the employees of the Economic Police.

Having refused tea, one employee of the Economic Policy Department asked where the accounting department of the enterprise is, and the second - where the supply department is located.

After 15 minutes, a lawyer arrived and stated about the illegality of the actions of the employees of the Economic Police, to which they responded immediately to him two clever things:

They have already found all the relevant bodies and tomorrow, they will decide whether to initiate criminal proceedings against the director on the fact of economic relations with the fictitious firm. In fact, the search and seizure of documents have already occurred.

If there are questions to the legality of their actions, the director can immediately complain about them to higher authorities.

However, the winners are not judged, are they? At the same time, the given situation will develop in the right direction, and the director will have time to assess risks and take a weighted decision if there is a buffer in the form of a special person (responsible person) and a properly organized meeting place.

Rules of the meeting

The person in charge understands perfectly who came with a check or a search, even sympathizes with them somewhere, but does not have the authority to make decisions.

If there is an appropriate definition of the court with a prescription for the provision of documents - he is ready to read it, presenting a passport and a power of attorney, as well as signing it in place of the absent director.

If there is a request for documents, he is also ready to receive it on receipt (if he does not, he will recommend them to come tomorrow).

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

With this approach, the visit of police officers to a conversation on the substance of the matter 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 correct decision on the merits of the matter, based on a comprehensive assessment of all possible risks.

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

Alibi Law Firm is at your service!

Our specialists are ready to provide you with comprehensive protection against illegal actions of law enforcement and other controlling bodies!

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