What is popularly called the OBEP is now referred to as the Department of Economic Security and Anti-Corruption (OEBiPK). This division of the police deals with violations related to business and corruption. For example, tax evasion, copyright infringement, restriction of competition. Lawyer of the Moscow Collegium of Advocates “Postanyuk and Partners” Vladimir Postanyuk told Pravda.Ru readers about how to behave properly if you encounter this department.
What to do if OEBiPK knocked on your door
Checking the OBEiPK does not mean that there is a question of initiating a criminal case against the company being checked. There may be suspicions about counterparties, so attention is paid to all communications and documents that may even indirectly relate to the activities of this counterparty. The verification is also carried out by anonymous call. There are times when calls come from unscrupulous competitors. This is a way to undermine the stability of the organization. Any checks are time, effort and nerves of employees. Often they lead to the seizure of documents necessary for work and undermine the image of the company, as a result, to the failure of contracts. Therefore, acquaintance with the OEBiPK is not always a harbinger of a criminal case against the person being checked, but almost always an unpleasant event. In any case, it must be taken seriously.
What to do if called for an interview
To start getting ready for it. Even if it seems that everything is in order with you, everything is according to the law and there is nothing to ask of you. Strictly speaking, the law does not oblige a person to appear for an interview (unlike the rules for interrogation after a criminal case has been opened), but sometimes it can be useful to come to the call department. If the OEBiPK officer during the interview realizes that your testimony is useless for the investigation, you will most likely not be disturbed after the case has been initiated. At the same time, refusal to provide explanations may arouse suspicion.
Come to interview with a lawyer. This will relieve psychological pressure and will prevent the OEBiPK employee from clearly breaking the law. The lawyer will stop you if you give out “unnecessary” information, check that your explanations are correctly recorded on paper.
If you have been called in for an interview as the owner or manager of a company, ask employees if the OEBC&P has contacted them. In practice, it happens that a harmonious position, agreed with a lawyer, collapses with excessive talkativeness of the company’s employees.
Accountants often sin with this, and their testimony not only forms the basis of the accusation of a number of people, but they themselves turn from witnesses into suspects. To prevent this from happening, recommend that your employees, before agreeing on the time of the meeting with the OEBiPK and even more so appearing for the interview, consult with a lawyer who will tell you how to behave during the interview and what to say.
Give explanations clearly, answer questions concisely. Don’t speculate, don’t make assumptions. Remember that you can always refuse to give explanations by using Article 51 of the Constitution.
In order to prevent the removal of a mobile phone during the interview, it is better not to take it at all. But to come with another means of audio, video recording is worth it. This will protect against the use of psychological techniques against you or illegal actions. Warn the employee that you will record the progress of the survey. For objections, ask to indicate in which legal act such a prohibition is contained. Sometimes employees refer to internal instructions that records cannot be taken on departmental premises. In this case, ask to transfer the summer residence of explanations to another place. But, keep talking politely.
Check the explanation carefully before signing it. There should be no deviation from what was said. Even if the differences seem insignificant.
Example!
The respondent testifies:
“In June 2019, I saw a man leaving the office of the director of the firm.”
To the question “Could it be June 25?” the employee receives the answer: “Yes, but I don’t remember exactly,” and to the question “Could it be Petrov?” – “Perhaps. I did not see the face, but it looks similar.” As a result, the explanation includes the words “On June 25, I saw Petrov leaving the director’s office.” And this is a completely different indication.
If you have comments about the typed text or the process of your survey, write about everything on the explanation itself.
What to do if OEBiPK employees come to the office
Call a lawyer. He will check the grounds for the investigation or search of the premises and the seizure of items, make sure that the rights of company employees are not violated, make sure that only those items that are relevant to the case are seized, check the compilation of the search and seizure protocol, point out all the violations.
If you cannot ensure the presence of a lawyer, at least consult with him by phone. It is not necessary to interfere with the work of the OEBiPK. It’s punishable. But make sure that the law and your rights are respected. Describe all violations in the search and seizure protocols, or indicate in the protocols that there were violations, and you will receive a detailed description of them later.
Ask to see the grounds for the search and seizure. If a criminal case has not been initiated and there is no court order to conduct a search, then the employees of the OEBiPK can only inspect the premises on the basis of an order to conduct an examination, as well as inspect and seize only those items and documents that are in sight.
You can withdraw:
- documents relating to the alleged crime,
- digital media,
- computer technology,
- recordings from CCTV cameras.
Personal belongings of the head or employees of the company cannot be seized.
Be sure to make copies of all the documents that you give to the employees of the OEBiPK so that the company’s activities do not stop.
According to the law, employees of the OEBiPK are obliged, at the request of a representative of the organization, to independently provide copies of the seized documents, but in practice, especially if there are a lot of documents, copies can be expected for months.
All seized documents and items must be listed in the protocol of seizure. Keep an eye on this, otherwise, when it comes time to take the documents back, some may be missing.
The seizure protocol is drawn up in two copies, one remains with the investigator, the second is handed over to the representative of the organization.
Sometimes company employees urgently destroy papers using a shredder, but the contents of the shredder are also seized, and the documents are restored. So if you want to hide something, hide it outside the office.
