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Transport, Shipping and International Trade Web-course: “Security of business during searching and lawless actions of the authorities”

21/ 05/ 2020
  Executing searching is an unpleasant surprise and a critical moment that can endanger the business and its owner. After all, it is always a conflict and active opposition of the parties. On May 21, at the 15th webinar on Transport, Shipping and International Trade Web-Course, we talked about business security in searching from a practical point of view and considered ways to prevent lawless actions by law enforcement officers. Thus, an executive searching is carried out in order to identify and record information about the circumstances of a criminal offense; to identify instruments of a criminal offense or property obtained as a result of its commission, as well as to establish the whereabouts of wanted persons. There are 3 legal ways to obtain and provide information established by the Criminal Procedure Code of Ukraine (CPCU): voluntary (Article 93 of the CPCU); voluntary-compulsory (Article 159 of the CPCU); compulsory (Article 234 of the CPCU). Also, at the time of delivery of the search warrant, pay attention to the date of the ruling, in order to understand the procedural deadlines for the investigation. Among other possible recommendations for protecting your rights are: Review and rewrite the warrant cards of the officials authorized to conduct a search/temporary access. Read the document of the investigation team. Persons who are not identified in the court decision for the search and are not included in the document on the investigation team must be outside the premises. Dont be afraid to record the progress of the investigation on your own video-camera. Remember, from the first minutes of the searching, its development and consequences will depend on attention to nuances and immediate actions! We hope that the above recommendations will be useful to you and will help protect your interests and property.

Executing searching is an unpleasant surprise and a critical moment that can endanger the business and its owner. After all, it is always a conflict and active opposition of the parties.

On May 21, at the 15th webinar on Transport, Shipping and International Trade Web-Course, we talked about business security in searching from a practical point of view and considered ways to prevent lawless actions by law enforcement officers. Thus, an executive searching is carried out in order to identify and record information about the circumstances of a criminal offense; to identify instruments of a criminal offense or property obtained as a result of its commission, as well as to establish the whereabouts of wanted persons. There are 3 legal ways to obtain and provide information established by the Criminal Procedure Code of Ukraine (CPCU): voluntary (Article 93 of the CPCU); voluntary-compulsory (Article 159 of the CPCU); compulsory (Article 234 of the CPCU). Also, at the time of delivery of the search warrant, pay attention to the date of the ruling, in order to understand the procedural deadlines for the investigation.

Among other possible recommendations for protecting your rights are:

  • Review and rewrite the warrant cards of the officials authorized to conduct a search/temporary access. Read the document of the investigation team.
  • Persons who are not identified in the court decision for the search and are not included in the document on the investigation team must be outside the premises.
  • Don’t be afraid to record the progress of the investigation on your own video-camera.

Remember, from the first minutes of the searching, its development and consequences will depend on attention to nuances and immediate actions! We hope that the above recommendations will be useful to you and will help protect your interests and property.

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