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.<\/p>\n
To avoid stress, financial losses, and legal mistakes, it is important for a company to prepare in advance<\/strong> 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.<\/p>\n The company is being searched:<\/p>\n within the framework of criminal proceedings<\/strong>;<\/p>\n<\/li>\n for by the decision of the investigating judge<\/strong>;<\/p>\n<\/li>\n to seize documents, equipment, evidence, etc.<\/p>\n<\/li>\n<\/ul>\n Searches are often initiated by Tax police, SBI, SBU or National Police<\/strong>The 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.<\/p>\n \u274c If everything is honest, they won't come to us. \u274c A search without a lawyer is illegal. If you don't open the door, they won't come in. Develop an internal employee manual<\/strong> Appoint responsible persons<\/strong> Sign a contract with a lawyer to support the search<\/strong> Regularly check for criminal proceedings against the company or contractors<\/strong> Properly formalize the document flow<\/strong> Stay calm<\/strong> Check the documents<\/strong> a court order for a search (with company or address details);<\/p>\n<\/li>\n IDs of the persons conducting the search;<\/p>\n<\/li>\n an extract from the Unified Register of Pre-trial Investigations.<\/p>\n<\/li>\n<\/ul>\n \ud83d\udccc A search is illegal without a court order<\/strong>except for very rare exceptions (Article 233 of the CPC of Ukraine).<\/p>\n<\/li>\n Call a lawyer<\/strong> Ensure that actions are recorded<\/strong> Check the scope of actions<\/strong> Do not give explanations without a lawyer<\/strong> seize documents\/equipment that not specified in the decision<\/strong>;<\/p>\n<\/li>\n hold search of those premises<\/strong>that are not specified;<\/p>\n<\/li>\n exert pressure, insult staff, block the work of the enterprise<\/strong>;<\/p>\n<\/li>\n not to provide copies of the seized materials or the protocol.<\/p>\n<\/li>\n<\/ul>\n Search protocol<\/strong> with a full description of the actions, seized property, and comments from the parties.<\/p>\n<\/li>\n Descriptions of seized items\/documents<\/strong>signed by witnesses.<\/p>\n<\/li>\n A copy of the decision and an extract from the URPI<\/strong>.<\/p>\n<\/li>\n<\/ol>\n Lawyer after the search is completed analyzes the legality of<\/strong> actions and, if necessary, appeals against them in court.<\/p>\n Avoid working with fictitious individual entrepreneurs and companies.<\/p>\n<\/li>\n Pay your taxes on time.<\/p>\n<\/li>\n Keep \"white\" salaries and do not work in the shadows.<\/p>\n<\/li>\n Be careful who you cooperate with - check your counterparties.<\/p>\n<\/li>\n Consult with lawyers when signing questionable contracts.<\/p>\n<\/li>\n<\/ul>\n Team. Axel Legal<\/strong> has extensive experience support of searches at enterprises<\/strong> - we come to the place, protect the client's interests, prepare complaints, statements and appeal against illegal actions.<\/p>\n If you have a business, prepare an action plan in case of a search today.<\/strong> Otherwise, tomorrow it may cost you nerves, equipment, documents, and a good night's sleep.<\/p>\n\n\n
\nWhen is a search possible?<\/h2>\n
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\nMyths about searches<\/h2>\n
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\u2705 They can come because of a counterparty's case or even because of an error in the registry.<\/p>\n<\/li>\n
\u2705 It can be conducted without a lawyer, but it is your legal protection<\/strong>and he should be with you.<\/p>\n<\/li>\n
\u2705 They can enter by force with witnesses, according to a court order.<\/p>\n<\/li>\n<\/ul>\n
\nHow to prepare for a search in advance?<\/h2>\n
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Who meets the investigator, what to say, how to act - everyone should clearly know their role.<\/p>\n<\/li>\n
For example, an office manager or an associate is the one who communicates with law enforcement before the lawyer arrives.<\/p>\n<\/li>\n
It's better to have a lawyer on call who will arrive promptly and protect the interests of the business.<\/p>\n<\/li>\n
This can be done through the register of court decisions or analytical services.<\/p>\n<\/li>\n
To avoid accusations of fictitiousness or shady schemes, the documents must be in order: contracts, acts, tax invoices, accounting.<\/p>\n<\/li>\n<\/ol>\n
\nThe search begins: what to do?<\/h2>\n
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Do not panic, do not interfere with investigators. Opposition can be qualified as a crime.<\/p>\n<\/li>\n
Investigators must provide it:<\/p>\n\n
You have the right to postpone the search for a reasonable period of time before the arrival of a lawyer<\/strong>. Do not start active cooperation with the investigation at this time.<\/p>\n<\/li>\n
Lead video recording<\/strong>, add up written comments<\/strong> to the protocol, record all actions of witnesses and investigators.<\/p>\n<\/li>\n
Investigators can only inspect what is specified in the ruling: specific premises, documents, and data storage media.<\/p>\n<\/li>\n
Even an ordinary phrase can be used against you. Communication is only through a lawyer.<\/p>\n<\/li>\n<\/ol>\n
\nWhat are investigators not allowed to do?<\/h2>\n
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\nWhat must happen after the search?<\/h2>\n
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\nHow to reduce the risks of a search?<\/h2>\n
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\nAdvice from Axel Legal<\/h2>\n