Search of an enterprise without stress and surprises: how to prepare and act

A search at a company is an event that can paralyze business operations, cause panic among employees, and lead to serious legal consequences. Even if the company operates in a "white" way, no business is immune from a visit from law enforcement: a search may be related not only to you, but also to your contractors or third-party affairs.

To avoid stress, financial losses, and legal mistakes, it is important for a company to prepare in advance to such situations. This article contains a clear algorithm of actions, legal advice and explanations on how to go through a search calmly and with minimal risks.

When is a search possible?

The company is being searched:

• within the framework of criminal proceedings;

• for by the decision of the investigating judge;

• to seize documents, equipment, evidence, etc.

Searches are often initiated by Tax police, SBI, SBU or National PoliceThe lawyers of the Ministry of Finance of Ukraine are also involved in the investigation of fictitious companies, especially in cases of suspicion of tax evasion, cashing in or money laundering.

Myths about searches

• ❌ If everything is honest, they won't come to us.
  ✅ They can come because of a counterparty's case or even because of an error in the registry.

• ❌ A search without a lawyer is illegal.
  ✅ It can be conducted without a lawyer, but it is your legal protectionand he should be with you.

• If you don't open the door, they won't come in.
  ✅ They can enter by force with witnesses, according to a court order.

How to prepare for a search in advance?

1. Develop an internal employee manual
   Who meets the investigator, what to say, how to act - everyone should clearly know their role.

2. Appoint responsible persons
   For example, an office manager or an associate is the one who communicates with law enforcement before the lawyer arrives.

3. Sign a contract with a lawyer to support the search
   It's better to have a lawyer on call who will arrive promptly and protect the interests of the business.

4. Regularly check for criminal proceedings against the company or contractors
   This can be done through the register of court decisions or analytical services.

5. Properly formalize the document flow
   To avoid accusations of fictitiousness or shady schemes, the documents must be in order: contracts, acts, tax invoices, accounting.

The search begins: what to do?

1. Stay calm
   Do not panic, do not interfere with investigators. Opposition can be qualified as a crime.

2. Check the documents
   Investigators must provide it:

   • a court order for a search (with company or address details);

   • IDs of the persons conducting the search;

   • an extract from the Unified Register of Pre-trial Investigations.

   📌 A search is illegal without a court orderexcept for very rare exceptions (Article 233 of the CPC of Ukraine).

3. Call a lawyer
   You have the right to postpone the search for a reasonable period of time before the arrival of a lawyer. Do not start active cooperation with the investigation at this time.

4. Ensure that actions are recorded
   Lead video recording, add up written comments to the protocol, record all actions of witnesses and investigators.

5. Check the scope of actions
   Investigators can only inspect what is specified in the ruling: specific premises, documents, and data storage media.

6. Do not give explanations without a lawyer
   Even an ordinary phrase can be used against you. Communication is only through a lawyer.

What are investigators not allowed to do?

• seize documents/equipment that not specified in the decision;

• hold search of those premisesthat are not specified;

• exert pressure, insult staff, block the work of the enterprise;

• not to provide copies of the seized materials or the protocol.

What must happen after the search?

1. Search protocol with a full description of the actions, seized property, and comments from the parties.

2. Descriptions of seized items/documentssigned by witnesses.

3. A copy of the decision and an extract from the URPI.

Lawyer after the search is completed analyzes the legality of actions and, if necessary, appeals against them in court.

How to reduce the risks of a search?

• Avoid working with fictitious individual entrepreneurs and companies.

• Pay your taxes on time.

• Keep "white" salaries and do not work in the shadows.

• Be careful who you cooperate with - check your counterparties.

• Consult with lawyers when signing questionable contracts.

Advice from Axel Legal

Team. Axel Legal has extensive experience support of searches at enterprises - we come to the place, protect the client's interests, prepare complaints, statements and appeal against illegal actions.

If you have a business, prepare an action plan in case of a search today. Otherwise, tomorrow it may cost you nerves, equipment, documents, and a good night's sleep.