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Odesa Corporate Security issues

23/ 06/ 2021
    Today, the problem of cooperation with law enforcement agencies concerns not only micro and small businesses, entrepreneurs working in the regions, but also large international companies and strategic investors. Situations in which the state through the legislature, the judiciary and the network of law enforcement agencies creates new, not always convenient for entrepreneurs, conditions - it is difficult to call acceptable both in terms of encouraging citizens to start or develop their own business and the states efforts to attract foreign investment in our country. Therefore, on July 23, 2021 at the EBA Odesa Corporate Security Working Group, we outlined current trends in the relationship between business and law enforcement, including newly created structures, expectations from law enforcement reform and shared experiences to minimize risks for business owners. Experts Oleksiy Zadoyenko, lawyer, advisor to Arzinger JSC, Candidate of Law, and Oleksandr Maksymenko, advisor to criminal law practice and business protection of Arzinger JSC, lawyer, said that law enforcement agencies usually pay attention to the companys corporate structure procurement, work with budget funds, etc. The basis for registration of criminal proceedings may be materials of the tax inspection, publications in the media, the statement of the employee. However, in general, the CPC of Ukraine allows the opening of criminal proceedings on any fact. The main risks of criminal proceedings involving the company may be searches of the companys premises, interrogation of management and employees, seizures of property or corporate rights of the company, transfer of your property to Asset Recovery and Management Agency, as well as the fact that the Criminal Procedure Code of Ukraine does not limit the number of investigative actions. Experts also advised to pay attention to business weaknesses. The hook can be: internal corporate structure, dubious counterparty, claims from the tax, doubtful assets of the company, corporate wars. Mr. Zadoyenko and Mr. Maksymenko also shared both traditional and non-traditional methods of business protection. In turn, Katerina Morozova, head of the EBA Soutern Ukrainian Office, noted that many companies are already implementing such positions as GR, or corporate security executives, and the state is slowly but surely moving towards a business meeting. Thus, they have started competitions for such positions as business relations manager, designer-analyst (who creates information digests in the framework of state and business information exchange), investment adviser, etc. There is a tendency to create separate offices for interaction with business and assistance to entrepreneurs - which is the basis of many communication policy strategies. The Office of Effective Interaction with Business has been established at the State Fiscal Service, with which our Office already has one successfully resolved case. Ms. Morozova also noted that at the beginning of the year the Association addressed President Volodymyr Zelensky, Prime Minister Denis Shmygal, Interior Minister Arsen Avakov with a request to pay due attention to law enforcement reform in 2021 and called to prevent situations where law enforcement agencies intimidate business.
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Today, the problem of cooperation with law enforcement agencies concerns not only micro and small businesses, entrepreneurs working in the regions, but also large international companies and strategic investors. Situations in which the state through the legislature, the judiciary and the network of law enforcement agencies creates new, not always convenient for entrepreneurs, conditions – it is difficult to call acceptable both in terms of encouraging citizens to start or develop their own business and the state’s efforts to attract foreign investment in our country. Therefore, on July 23, 2021 at the EBA Odesa Corporate Security Working Group, we outlined current trends in the relationship between business and law enforcement, including newly created structures, expectations from law enforcement reform and shared experiences to minimize risks for business owners.

Experts Oleksiy Zadoyenko, lawyer, advisor to Arzinger JSC, Candidate of Law, and Oleksandr Maksymenko, advisor to criminal law practice and business protection of Arzinger JSC, lawyer, said that law enforcement agencies usually pay attention to the company’s corporate structure procurement, work with budget funds, etc. The basis for registration of criminal proceedings may be materials of the tax inspection, publications in the media, the statement of the employee. However, in general, the CPC of Ukraine allows the opening of criminal proceedings on any fact. The main risks of criminal proceedings involving the company may be searches of the company’s premises, interrogation of management and employees, seizures of property or corporate rights of the company, transfer of your property to Asset Recovery and Management Agency, as well as the fact that the Criminal Procedure Code of Ukraine does not limit the number of investigative actions. Experts also advised to pay attention to business weaknesses. The “hook” can be: internal corporate structure, dubious counterparty, claims from the tax, doubtful assets of the company, corporate wars. Mr. Zadoyenko and Mr. Maksymenko also shared both traditional and non-traditional methods of business protection.

In turn, Katerina Morozova, head of the EBA Soutern Ukrainian Office, noted that many companies are already implementing such positions as GR, or corporate security executives, and the state is slowly but surely moving towards a business meeting. Thus, they have started competitions for such positions as business relations manager, designer-analyst (who creates information digests in the framework of state and business information exchange), investment adviser, etc. There is a tendency to create separate offices for interaction with business and assistance to entrepreneurs – which is the basis of many communication policy strategies. The Office of Effective Interaction with Business has been established at the State Fiscal Service, with which our Office already has one successfully resolved case. Ms. Morozova also noted that at the beginning of the year the Association addressed President Volodymyr Zelensky, Prime Minister Denis Shmygal, Interior Minister Arsen Avakov with a request to pay due attention to law enforcement reform in 2021 and called to prevent situations where law enforcement agencies intimidate business.

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