Preparing an enterprise (business) for investigative actions

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Kovalev Artem

Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

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Preparing an enterprise (business) for investigative actions

At present, situations are increasingly occurring in Ukraine when representatives of law enforcement agencies conduct a number of investigative actions with employees of enterprises of various forms of ownership and industry orientation. The interest of investigators can be determined by various factors.

However, regardless of the reasons and purpose for which prosecutors and investigators visit the enterprise, conducting any investigative actions both within the company itself and outside it, with the participation of the employees of such a company, always has a negative impact on the work of the business as a whole , and on individual employees in particular.

For example, temporary access to the things and documents of the enterprise may result in the removal of documents containing commercial secrets of the enterprise itself and/or personal data of both officials of such a company and its counterparties.

The leakage of such information and its acquisition by representatives of law enforcement agencies can cause the deterioration of contractual relations with counterparties and encourage law enforcement officers to carry out illegal criminal prosecution of both business owners and ordinary employees.

Conducting a search, both authorized by law and unauthorized, causes the business to be blocked for at least one day (at the time of the search) and at most for an indefinite period, given the fact that that most often law enforcement officers seize a large part of the company’s documentation and computer equipment. In the future, in relation to seized property and valuables, the issue of seizure and recognition as material evidence in the relevant criminal proceedings will be resolved.

In addition, searches and other investigative actions that may be carried out in connection with the enterprise’s economic activity are carried out anywhere, in particular, but not exclusively, in private residences, vehicles of any of the enterprise’s employees (from the managing partner, to the manager, accountant, etc.), leased offices, warehouses and any facilities that are directly or indirectly related to the relevant business.

Relevant investigative actions (which are directly related to access to the property of the enterprise and/or its employees) are usually carried out simultaneously in several places with the participation of different investigative teams. Therefore, it is fundamentally important to conduct a preliminary briefing of all employees of the enterprise in order to minimize the negative consequences for the business after the completion of investigative actions.

Usually, representatives of law enforcement bodies, after a direct search of the company and/or its employees, and the seizure of a number of property values of the company, apply to the relevant judicial authorities in order to legalize the further retention of the property of the company and/or its employees in the body of the pre-trial investigation in order to block the economic activity of the company and, often, putting pressure on business.

In addition to the fact that conducting investigative actions related to the company’s economic activity has negative material consequences in the form of receiving losses, such actions of law enforcement officers cause destabilization of the work process from the point of view of the company’s team.

Thus, the summons of officials/officials and ordinary personnel to the pre-trial investigation body for questioning as witnesses (at the first stage of the investigation) cause significant stress for such persons. The results of the corresponding stressful situation can have a significant number of negative consequences, starting from the disclosure of information with limited access, ending with further criminal prosecution of company employees.

Thus, the proper and professional training of the company’s employees to participate in investigative actions, as well as the participation of a highly qualified lawyer during such actions by law enforcement officers, is a guarantee of ensuring the legality of the conducted investigative actions and minimizing the risk of “downtime” of economic activity, which as a result will have negative material and microclimatic consequences for all employees of the enterprise.

The lawyers of the legal company “Prykhodko and Partners” are specialists in legal support of businesses during any investigative actions (searches, interrogations) provided for by criminal law by representatives of law enforcement agencies.

By contacting our company for legal assistance, you will receive the services of a professional lawyer who will help:

  1. To conduct professional legal training of the management (supervisory) staff of the enterprise with the aim of mastering the latest skills of effective personnel management in stressful situations related to the visit of law enforcement agencies.
  2. To conduct professional legal training of the company’s employees on the procedure for interaction with law enforcement officers, in the case of the latter’s visit to the company, during working hours.
  3. Conduct professional legal training of employees (members of their families) on the procedure for interaction with law enforcement officers in the event of a visit by the latter for the purpose of conducting investigative actions on the private property of employees both during working and non-working hours.
  4. Conduct briefings on the procedure for registering the workplace and information storage locations (both physical and electronic), in order to minimize the risks of seizure of things and documents.
  5. Conduct briefing on the procedure of communication with representatives of law enforcement agencies in order to prevent leakage of information with limited access during investigative actions.
  6. Conduct trainings for company employees regarding the procedure for responding to phone/e-mail messages from law enforcement agencies aimed at obtaining certain testimony from the company’s employees and sending subpoenas for participation in investigative actions (interrogations).
  7. To train the responsible persons of the enterprise in the methods of providing answers to the requests of law enforcement agencies regarding the requisition of things/documents in accordance with Art. 93 of the CCP of Ukraine.
  8. Ensure the preservation of personal data, confidential and commercial secrets, and prevent the seizure of such information by law enforcement officers during a search or temporary access to the property (things) of the enterprise.
  9. To prevent any violation of the rights of both individuals and businesses as a whole during investigative actions.
  10. To protect the company’s property from its illegal seizure by law enforcement officers during a search.
  11. To challenge in a court of law the unlawful seizure of temporarily seized property during a search, and to ensure the return of such property to the use of the enterprise.
  12. To prevent the seizure of property seized during the search, to cancel the seizure, in the case of its illegal imposition by investigative judges.
  13. Initiate and accompany the processes of compensation and compensation for damages from the actions of law enforcement agencies, during investigative actions at the enterprise.
  14. Ensure compliance with the rights of the company’s employees during interrogations with the participation of relevant persons.
  15. Accompany any employee of the company during interrogations and any other procedural actions in order to ensure compliance with the legality of the relevant procedure and minimize any negative consequences.
  16. To appeal procedural decisions on the conduct of investigative actions in order to further recognize such investigative actions and their results as inadmissible.

 

Our lawyers are ready to come to your aid, to accompany the search with quality, to provide you with support, consultations and assistance in criminal proceedings. To order escort and prepare the company for possible searches, fill out the form below.

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Kovalev Artem
Head of criminal law practice

Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.

Contact now
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