In Ukraine in general and in Odessa in particular, any successful business risks to face the pressure from law enforcement and supervisory bodies. In spite of regular statements of government on improving the investment climate and protecting entrepreneurs from abusive acts by government institutions, the statistics writes itself – over the past few years, the number of “mask-shows” in Ukraine has almost doubled, and if in 2014 investigators applied to the courts 67 thousand times with petitions to carry out searches, then according to the results of 2017, the number of such appeals reached the record of 118 thousand times. The consequences of these investigative actions, if there is no necessary training, can be dramatic: the loss of confidential information, seizure of computer equipment and monetary funds, arrest of accounts, and dismissal of employees.
Our approaches to work within the framework of the “Protection of Business” practices differ from the classical assistance of a lawyer in criminal cases because we understand that it is not enough to prove the client’s innocence, it is important to prevent the activities of the company from being blocked, to maintain the continuity of all business processes and the loyalty of employees. The staff of Law Firm “Dominanta” comprises specialists in tax, corporate and criminal law and it enables to solve the problems faced by business in cases of criminal prosecution.
Our mission is to minimize criminal and legal risks, return the seized property to the client and remove the arrests which impede the normal operation of the company so that the client could focus his efforts on his business and make profit. Within the framework of this direction, we provide our clients with the following services:
COMPREHENSIVE AUDIT OF RISKS OF CRIMINAL AND LEGAL NATURE AND TRAINING OF PERSONNEL
Unfortunately, a business owner, as a rule, is ready to invest money in its defense and training of employees only during the search or immediately after it is completed. The price of such unthoughtful behavior is often sky-high, because most of the negative consequences of criminal prosecution can be prevented even at the preparatory stage. To this end, we carry out the following activities:
- comprehensive audit of business for possible risks of criminal and legal nature;
- identification of vulnerabilities and preparation of practical recommendations for their elimination;
- development and introduction of methodical recommendations and instructions for top management and employees with algorithms of actions during searches, interrogations and other crisis situations in your company;
- training for staff on issues of interaction with law enforcement and regulatory bodies.
Proper preparation is the key to your peace of mind, and successful resolution of problems in case of criminal prosecution.
SUPPORT OF SEARCH
According to the latest changes in legislation, an investigator must admit the lawyer to be present during the search of his client, regardless of the stage of its conduct. The importance of the participation of a defense lawyer whom you trust is difficult to overestimate in this investigative action. This will minimize the risks of abuse by law enforcement officers, stop the attempts of physical and psychological pressure on the personnel, guarantee the correct and complete execution of procedural documents, which in turn is crucial for return of the property and monetary values seized during the search. By signing an agreement on legal assistance you can be sure that at any necessary time, regardless of the day of the week and the time of day, our lawyers will promptly come to you in order to protect your rights when conducting a search in Odessa in the company or at home. The lawyers of Law Firm “Dominanta” will also provide you with the necessary services and legal assistance during the seizure (temporary access to items and/or documents).
SUPPORT OF INTERROGATION
Contrary to the popular belief that refusal to testify with reference to Article 63 of the Constitution of Ukraine is a one-stop solution to all possible problems of a client during interrogation — this is far from being the case. Not only the annual increase in the number of criminal proceedings under Article 385 of the Criminal Code of Ukraine (the refusal of the witness to give evidence) testifies to the contrary, but also the fact that in criminal cases on economic articles such a position of management or employees, as a rule, only aggravates their situation and the situation of the company as a whole. We will help you to get effectively prepared for interrogation in order to maintain your status as a witness in a criminal case. The presence of our lawyer during the interrogation will allow you to calm down and reasonably argue your position to the investigator and guarantees its eventual success.
RETURN OF EXEMPT PROPERTY AND RELEASE FROM ATTACHMENTS
Despite the significant positive changes introduced in the Criminal Procedural Code in 2017, the practice of unjustified seizure of computer equipment and other property of companies during searches has remained. In theory, if there is no permission in the ruling of an investigating judge to seize particular property, it is considered temporarily exempt. The investigator is required to apply to the court for the arrest of such property within 48 hours or return it to your company. However, in practice it is often possible to achieve a real return only by appealing the investigator’s inaction in the manner provided for in Article 303 of the Code of Criminal Procedure of Ukraine. A significant threat to the company is also constituted by the disproportionate arrest of assets which is blocking normal economic activities.
Our attorneys have considerable experience in successful return of the property of our clients. Within the framework of this direction, we will provide you with the following services:
- real return of temporarily exempt property;
- appeal against the definition of the investigating judge on the seizure of real estate, equipment and money;
- release of the accounts and assets of the company from attachments;
- real return of the distrained property.
The organization and successful holding of the first specialized seminar “Protection of Business” in Odessa region in 2018 has become a striking confirmation of the professionalism and experience of the team of Law Firm “Dominanta”.
Entrust your safety to professionals, and we will do everything to protect you and your company from abuse and pressure from the law enforcement agencies!