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Antitrust Law

Risks&Recommendations


Аналітика

Корпоративні конфлікти - потенційні обьекти

Attorney at Law

Recommendations:
- Securing the advokatory protection of documents that bear the risk of committing actions by supervising and law enforcement bodies (hereinafter - bodies).
- Inquiries of the bodies (except for counter inspections), not obligatory for fulfillment. However, applicable legal justification of the refusal to meet the inquiry should be made responding thereto.
- As a rule, it becomes known about initiation of criminal proceedings against the company during the investigative actions. That is why such threats (search, seizure, etc.) should not be excluded when there is at least some interest of the bodies. Typically, search, seizure and other actions are held brutally, using intimidation and psychological pressure on the company. In this case participation of the attorney at law is extremely important. This gives a possibility to prevent “dirty” instruments of influence on employees, to control and slow the process, as well as to create grounds for appeal against corresponding actions of the bodies.
- Only planned inspections are conducted after a decision of the body, the rest can be conducted only after a court decision. If relevant bodies have such a decision, but there are risks after results of the inspection, you can fulfill the decision of court without creating negative consequences - to allow the inspection without access to the documents. Actions with the bank should be coordinated so that the information about the client would be protected. This can be provided by using an alternative jurisdiction of economic adjudication. L.I.Group provides you with methods of solving such problems.
- Depending on the content of the court's decision to seizure the documents, the grounds for criminal responsibility for failure to fulfill thereof should be formed. Formulation “to permit the bodies to seizure” is not a ground for criminal responsibility for the failure of the court's decision. On the contrary, formulation “to bind to provide” is the ground for criminal responsibility.

Special service from L.I.Group “Attorney at Law

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