Search is the key to success! This is not just a catch phrase, but the realities of Ukrainian business! As soon as you become successful, wait for the guests – law enforcement officers. And even if you are not guilty of anything, as THEY like to say: “If there is a man, but we will pick up an article.”Andrey Prikhodko
I am Andrey Prikhodko – in the past, an employee of the operational and investigative divisions of the police and the prosecutor’s office. Today I am a lawyer in economic and tax cases. My narrow profile is economic, tax and office crimes. I know exactly how law enforcement agencies work from within the structure. How are operatively search activities (ORD) carried out. What has actually been done or can be done in a criminal case. When there is a bluff, and when there really is something to be afraid of.
Below I will describe a few things that will give basic knowledge so as not to do stupid things and be one step ahead of your ill-wishers.
The chronology of thinking of the tax police is as follows:
Article 205-1. Forgery of documents submitted for state registration of legal entities and individuals – entrepreneurs
It often happens that you had a deal, everything went well, and after a couple of months you are summoned for interrogation and they say that the director of the enterprise has with whom you worked, a criminal case was opened under this article.That he kind of took 1000 hryvnia for signing some documents, but he did not conduct any activity and did not sign any documents. And the DFS believes that for this reason the transaction is fictitious, and therefore you evaded paying taxes.
Article 209. Legalization (laundering) of property obtained by criminal means
And then you bought yourself a car for money that you should have paid in taxes, but did not pay so you legalized it.
Article 212. Evasion of taxes, fees (mandatory payments)
Well, here it is clear that you deliberately withdrew money to fictitious counterparties in order to lower the tax base and thus not pay taxes.
Article 366. Official forgery
And all these actions of yours since transactions are real was not, were accompanied by forgery of official documents, including contracts, accounts, acts, TTN, etc.
These crimes are being investigated by the State Fiscal Service of Ukraine.
Over time, all these crimes will be investigated by the Bureau of Economic Security.
The most common steps of law enforcement officers:
sending requests in accordance with Art. 93 of the Criminal Procedure Code of Ukraine in order to seize documents
sending summons for interrogation
seizure of confiscated property, accounts and assets
surveillance, phone drying and others promptly detective actions
raising suspicion or accusation
The main mistakes of lawyers who do not understand anything about tax crimes:
taking a passive position, when the lawyer is just around and does nothing (most likely, because he does not understand anything)
aggressive behavior of a lawyer towards law enforcement officers when he simply shouts or provokes a conflict
when a lawyer tries to ask for something not withdraw and establish friendly relations
when the lawyer recommends “to completely go to Art. 63 of the Constitution of Ukraine “, instead of recording the investigator’s questions and understanding the essence of the suspicion
the use of general phrases and recommendations that are not applicable in relations with authorities that investigate economic crimes
You need to understand that only a lawyer who understands how business works, how banks work, how the tax system works, and only at the end he must understand how the investigative and operational bodies that investigate tax crimes or tax crimes work are a good lawyer on tax matters and he will be able to provide reliable legal protection.
What to do if you are accused or suspected of a tax crime:
– find a good economic lawyer
– pay for a consultation (even if it is not cheap), a high-quality consultation will give you an understanding of the lawyer’s level of professionalism and predict all the risks
– decide whether to defend your rights on your own or Seek help from a lawyer for economic crimes.
When should you contact a tax lawyer and when not?
I’ll probably start with the case when you don’t need to go to a tax lawyer.
Well, the first one is when the investigator or the operative is your relative or close friend and you are sure that he will not set you up or deceive you. This is if in a simple way. Because the presence of family ties obliges a law enforcement officer to recuse himself in order to be as objective as possible in a particular situation. But since this does not work in Ukraine yet, it is too early to chew.
Second – V is 100 percent sure that he is right and that no one testified against you and did not set you up. This is such an unlikely case, but it does happen.
In other cases, you definitely need a lawyer for tax crimes, and not just a lawyer, but a lawyer with experience in law enforcement, tax service or with real experience of legal practice in tax crimes.
How do we work? And what is the cost of the services of a lawyer for tax crimes in Kiev?
There are two forms of support in tax crimes:
1. Support for individual investigative actions – more suitable for those who are not involved in the case, and are in the case in the status witness.
express consultation of 500 UAH by phone without analyzing the situation, in order to simply describe your rights to understand what you can do, what you can’t do and prevent the first mistakes
preparing a response to a request to provide documents – $ 100
It is important to understand what really is according to Art. 93 of the Code of Criminal Procedure of Ukraine, the investigator has the right to demand documents. But what happens if they are not provided? There is no responsibility for this, but it gives the investigator the right to go and take a court order for a search. Therefore, you need to weigh what is more reasonable for you – to give documents for the request or sit and wait for the search.
escort during interrogation – 100 USD/hour, but not less than 200 USD. for investigative action
escorting a search – $ 100/hour, but not less than $ 500 for investigative action
return of confiscated property – from 500 USD or a percentage of the total cost
other investigative and procedural actions are paid hourly at the rate of $ 100. hour robots of the company’s lawyer
2. Comprehensive case management at the stage of pre-trial investigation, court of first instance, appeal or cassation.
Comprehensive case management suits a person suspected, accused or convicted. Because it is difficult for a lawyer to immediately determine the scope of work and the strategy of the defense.It is necessary to familiarize yourself with the case to make a protection plan and backup options if the main ones do not work.
The cost of services for each stage is from 3000 USD. up to $ 10,000 depending on the complexity of the case and its scope.
How we work on the integrated management of tax crimes:
Signing a contract with you and joining in.
This is the first step, at which the lawyer of our company communicates with you in essence of the case, in order to understand what is the essence of the crime and what exactly I can incriminate you.
Getting to know the case.
At this stage, you pay – 1 tis c.u. This is the payment for the participation of the lawyers of our company. Study of the case materials and the formation of a plan and strategy for the defense. When we understand how much work needs to be done, we issue an invoice for the remainder of the payment within the amount discussed above.
Be sure to determine the success fee – this is an additional remuneration for lawyers for achieving a positive goal in your case. This is a very important point. Since it additionally stimulates a lawyer to achieve a positive result.
Basic rules how to understand that a tax lawyer is really a professional and will not cheat you?
Relationship. A good crime lawyer or law firm always has clients. Relationships should be built like this – you asked for help, it is not a lawyer who runs after you to lure money out. If the opposite happens, be careful!
Office. A lawyer must have an office and not change it for a certain time (at least a year). There are, of course, different cases, but the most important factor in choosing a lawyer is stability. If a criminal lawyer has been working steadily for a long time, then everything is fine with him, and if everything is fine with him, then most likely you will be fine.
Reviews. Before hiring a criminal lawyer, first look at the reviews on Google or social. networks. At the same time, do you treat reviews reasonably? Read them and grasp the essence. It happens that competitors or other unfriendly people write negative reviews. And it happens that reviews are clocked for a couple of hundred hryvnia.
Media. Today, each person will be best told by his social networks. Come and see them. This will help you understand how your future lawyer lives, what cases he does, what achievements he has, by whom and where he is recognized as a specialist.
Experience. An experienced criminal lawyer should not only convince you that he clearly understands what is happening in your specific situation, he should put on the table the same or similar cases in which he took part and where a positive result has been achieved. If there are only words and there is no evidence – do not believe, every lawyer wants to take money from you. It is important that this money is for the cause, not for the words.
Contract. A contract with a lawyer is a very complicated thing. Because he makes them every day, but you do not, and it can be difficult to delve into the whole point. Do not be too lazy to read! Pay special attention to the lines of the contract – how long the lawyer undertakes to provide legal assistance, the amount of work, either in hours, or in specific actions.
Important! A lawyer cannot guarantee a won case – but he can clearly define the scope of work. Pay attention to the general phrases “for providing legal assistance” or “comprehensive support of the case” or “all the services of a criminal lawyer at the stage …”
A situation may arise when you later say “I paid 5 thousand cu, and you are not doing anything. ” And he will say – “I study the materials and prepare one document for the court and I think that this is enough.” And then you will not prove anything and will be forced to look for another lawyer.
Price. What are the prices for criminal defense lawyers in Kiev? What are the prices for criminal lawyers in general in Ukraine? In fact, the prices for criminal defense lawyers are different, from UAH 500 per hour or action to thousands of dollars. Price is a very important criterion especially in criminal matters. A good professional crime lawyer cannot be cheap. But at the same time, the price must be justified. Again, if a criminal lawyer takes $ 1,000 and does 5 specific actions for this, this is normal. And when he takes the tighter $ 1,000 and says “for complex business management” and then does nothing, then this is not normal.
Comparison. Never agree to immediately work with the first lawyer with whom you managed to talk. At least 3 interviews should take place. Then you will be able to understand in comparison who is who. And who is a really criminal lawyer from lawyers, how much does a criminal lawyer cost and who is the best to contact them for help.
Prikhodko & Partners Law Firm is the best law firm in Kiev that specializes in business protection. We have the best lawyers in tax crimes and economic affairs.
We know exactly how law enforcement agencies work thanks to our own work experience and many positively closed cases. Our clients are always one step ahead of the tax, prosecutor’s office and other authorities.
We can prove this to you not in words, but put on the table materials of closed criminal cases, court decisions in favor of our clients, and just a high-quality first consultation.
How we work:
Leave a request in a convenient way for you: through the feedback form by e-mail or call
We hold a meeting, discuss the terms of cooperation
We sign a contract, you pay for the service and we start working on your question right away
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