Protection from law enforcement. Visit of the police

Visit the police. How to behave? A meeting

So, to you two policemen came to the company with a demand to provide a package of contractual and accounting documents on the relationship with the firm Cactus for the last two years.

The company's director is not present on the spot, but there is a lawyer who respects the whole structure of law enforcement bodies, but also knows about cases of communication with them that are not always positive for business. Therefore, it is focused on the fact that, without extreme necessity, documents should not be provided, and without taking an appropriate weighty decision at the highest level - even more so.

How to start communication?

To begin it is necessary with an explanation of the reasons of absence of a management, and right after that - from acquaintance.

There is no director (leave, business trip, illness, just participation in a long and difficult business meeting outside the company, and possibly the city). The chief accountant also.

In addition to a modest lawyer, there is nobody to talk with. No, you can certainly come back another time, when these personnel issues will be adjusted. But to start a conversation on the merits of the matter 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. Do you want to make sure it's him? Here is his passport. Does it have the right to be acquainted on behalf of the company with the court ruling on the transfer of documents or to receive a request? Everything is written in the power of attorney.

Now it's up to the police to present themselves (as in the well-known film: "Who are you going to be?").

Under the law "On the National Police", a police officer is required not only to have an official certificate, but also to present it on demand. In this case, it is not easy to present, as they say, "waving them in front of your nose," and as indicated in the law, to provide an opportunity to get acquainted with the information contained in it, without issuing a certificate from the hands.

On the fact of the correct provision of the certificate, two things must be done:

Make sure that the identity card is presented by the person in whose name it was issued - by visual verification of the photo.

To rewrite absolutely all the information contained in the service certificate (its number, date of issue, last name, first name, patronymic, position, place of work, title, term for which it was issued, etc.).

What is it for. A certificate can be fictitious, issued to another person, overdue, contain the old name of the unit.

There are cases in which former police officers, without fraudulently obtaining a certificate of dismissal, appear to be acting policemen, having the initial intention to commit illegal acts for personal gain.

If this does not happen (certificates are not presented or the opportunity to rewrite their contents is not given), it is necessary to call the police correctly. This can be done at telephone number 102, the telephone number of the local police department, or the national police hotline 0-800-50-02-02.

Continue to communicate with them is not correct. Let the police deal with the police, who is who.

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

Search for a specific person.

Inspection of the premises of the company to search for certain items and documents in them.

Documents receiving.

In the first case, such a person is not in place, but a lawyer can sign for getting an agenda. The agenda can be given to the person through the management of the company in which he works. Subsequently, the employee must either appear for questioning, or justify the reasons for his failure to appear.

No agenda - come tomorrow with a summons.

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

In the third case (which was described at the beginning), there can be two such grounds at once. This can be a written request to the police to provide documents, and if the visit was preceded by a thorough preparation - the court's decision to provide temporary access to things and documents.

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

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

If there is a basis for demanding documents, the lawyer, on the basis of a power of attorney, receives a request, signing his receipt on the second copy, or acquainted with the court's decision on receipt. If it is not possible to persuade the police to authorize the production of a copy of this definition, its content will need to be rewritten.

After this, the lawyer should honestly explain to the police that there is no immediate opportunity to fulfill their demand.

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

In any case, it takes time to make the right decision on the matter. And the more it is, the better. Moreover, in a situation it is often necessary to understand fundamentally.

The fact that your company actually worked with a counterparty and in fact, and not on paper, bought from a counterparty the goods that existed and exists does not mean that having provided documents on such relations, you will not have problems in the future.

It happens that then law enforcement bodies gladly inform you that the counterpart is a fictitious company. It can not be, because the goods are delivered! You start to understand. It turns out that the truth is fictitious: the director gave testimony that the firm had never carried out economic activities, but was intended to cash out money. And the delivered goods? Yes there is such an unconscionable Vasya, who was involved in a fictitious company and decided to use it not according to the profile. He had access to the press, signed a contract, made an advance payment, bought the goods for cash, released your company on waybills. So it turns out that you have a contract and invoices. And you paid money and received the goods. Only to the counterpart, he did not enter the bank account. Plus a criminal case and a fictitious company. Plus, except for this Vasya, who left and did not leave the address, none of the counterparty's company employees know.

It's a shame, but it's good if you got it right in time. Before they gave the documents.

What now to do with them? There are still options. They can be destroyed if this period is checked by the tax inspection, and the established terms of storage of these documents have expired. They can be examined by a lawyer who provides services to your company and with whom an advocacy agreement is concluded. There may be other options.

Do you feel insecure when dealing with law enforcement agencies? Please, contact us!

Alibi Law Firm is at your service!

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