Entrepreneurs and officials of subjects of economic activity periodically have to face the criminal-legal risks of doing business. Sufficiently urgent in recent times becomes the problem of criminal prosecution on charges of economic offenses. Today this sphere is under the influence of a new state body – the Bureau of Economic Security (BES). This is the only structure in Ukraine, which is entrusted with the duty to investigate all kinds of offenses of economic nature.

 

Due to the fact that the BES has been delegated the relevant powers from the Security Service and the Tax Police, communication with its specialists takes place under very specific conditions. As practice shows, quite often there is no corpus delicti of the incriminated offense, so it is extremely important to seek legal assistance in time to defend your rights and protect your business. The assistance of a lawyer on BES cases will be very helpful in situations when the enterprise came with a search of law enforcement authorities or, for example, you are accused of VAT fraud.

 

In fact, the list of articles of the Criminal Code, investigated by the BES, is extensive. If you are accused of an offense under one of them, be sure that it is serious, and therefore you should not ignore the problem. It is important to develop a legal position in a short time to get out of the situation with minimal financial, reputational and psychological losses. Specialists of the Lawrange Law firm are ready to provide highly qualified legal assistance in solving such problems. We can represent individuals and legal entities in a wide range of cases related to BES investigations.

 

Important! Our BES attorney in Ukraine has the necessary knowledge and experience to bring even a complex case to a logical conclusion. We will accompany you at every stage of pre-trial investigation and trial, providing legal, psychological support.

 

When to apply for legal assistance

Most often in the help of a lawyer is needed in the following cases, which incriminates the BES:

 

  • Fraud with financial resources.
  • Smuggling of excisable goods.
  • Tax evasion.
  • Unauthorized entrepreneurship.
  • Bringing a bank to bankruptcy, fictitious bankruptcy, etc.

 

Each type of these and other similar crimes requires a specific approach in the collection of evidence and the development of the correct line of defense. Therefore, it is extremely important not to delay with an appeal to an experienced lawyer, which in the case of timely entry into the case provides its most painless resolution.

 

Do not do without the help of such a specialist when:

 

  • Your enterprise has been subjected to a search by BES officers.
  • The subject of entrepreneurial activity is subjected to a sudden check in the framework of an open criminal case, and there are suspicions of a raider seizure.
  • You have learned that BEB employees are conducting operational and investigative measures against you or your employees.
  • You are obliged to provide documentation on the financial and economic activities of your company or relationships with counterparties.
  • You have been summoned for questioning or to give explanations.
  • You have been a victim of fraud within the framework of a criminal BEB proceeding.
  • You are being charged with economic crimes under investigation by the BEB.

 

If you are interested in getting out of a difficult situation with minimal reputational and material losses, then use the help of the specialists of Lawrange law firm in Ukraine.

 

What is an Bureau of Economic Security

This body of state authority is responsible for the investigation of economic crimes. It was created with the purpose of taking away the functions of economic control, anti-corruption from all other services and transferring them to one central institution. The main feature of the BES is that it is an analytical instance, which should investigate criminal cases without the use of force. According to the idea of the Cabinet of Ministers of Ukraine, with the help of criminal analysis it will be possible to prevent a number of criminal actions by providing recommendations to detectives in the course of the investigation.

 

The head of the BES is the Director, who is appointed by the Cabinet of Ministers of Ukraine. The Director is selected by a competitive commission. To ensure transparency and public control over the activities of this body, a 15-member Public Control Board has been established, to which the Director must report annually.

 

What the BES does

The main task is to investigate offenses in the areas of finance, economy and taxes. Previously, this was handled by the tax police, special units of the USS and the Ministry of Internal Affairs. The area of influence of the new body concerns:

 

  • the conduct of financial, tax offenses regulated by Articles 200, Art. 212, Art. 222 of the Ukrainian Criminal Code, etc.;
  • tax fraud – any fraud, forgery of fictitious tax returns and others are regulated by various articles, including Article 220 part 1 of the CCU;
  • falsification of money, financial documentation, covered by article 205, part 1 of the CCU, etc.;
  • smuggling activities (distribution of alcohol, tobacco products, fuel), regulated by Article 199 and Article 204 of the CCU, etc.;
  • obstruction of lawful business activities, regulated by Article 206, 233 of the CCU, etc.

 

The BES also investigates cases of fraud, possession of property, embezzlement and misuse of budgetary funds regulated by Articles 191, 364, 211, 210, 206.part 2 of the CCU. The main condition for this is the absence of investigative jurisdiction of the GBI or NABU.

 

The Criminal Code of Ukraine establishes liability for value added tax fraud – since recently it has been considered a separate offense. Its investigation is also handled by the BEB. Thus, the authorities hope to more successfully investigate the facts of embezzlement or misappropriation of budget funds in the form of VAT.

 

Can the BES visit with a search

This body has received broad powers, including the ability to form “force units”. That is, this body can conduct searches, operational-investigative and other activities, which, in fact, contradicts the purposes of its creation described above. The analytical division was given access to banking secrets, following the example of the National Anti-Corruption Bureau of Ukraine (NABU). In addition, a number of state authorities, such as the National Commission for Financial Services, State Property Fund and others are obliged to transfer information on economic crimes to the BES.

 

At the same time, the BES continues to position itself as a law enforcement agency that works to stay ahead of economic risks, rather than reacting ex post facto to crimes that have already taken place. That said, the possibility of a search is not completely ruled out. Such a search could take place if:

 

  • There is probable cause to believe that there may be an assault on the detective or obstruction of the investigation. In this case, the court order for the search is read and the necessary questions are asked, and the items noted in the order are seized. In other words, a “mask show” can be organized only if there is a threat of an attack on the detective.
  • If the investigation is certain that the evidence in the case has been destroyed – the BEB comes with a search without warning.

 

A lawyer for BES cases in Ukraine is able to react quickly in such cases, and control the process of search. The main thing, in advance to enlist his support – to conclude a contract for legal support of your business.

 

Qualifications and skills of an attorney for BES cases

The effectiveness of legal assistance in the accusation of economic crime depends on the qualifications of the specialist. Successful development of further scenario on BES cases is possible only if the lawyer is not only well versed in criminal procedure, but also perfectly oriented in economic legislation.

 

Due to the latent course of most economic crimes, their investigation usually begins with inquiries from the BES service. At first glance, it may seem that such phenomena do not pose any danger. However, it is at this stage that the prosecution has already begun to gather evidence that will form the foundation of the prosecution case.

 

Lawyers in Ukraine face one of the main problems – most defendants seek legal assistance too late when a defendant in a BES case is called as the main suspect or witness. At the same time, most of the investigative actions have already been carried out and the investigating authority has received all the necessary information. In this situation, it should be understood that the earlier an experienced criminal lawyer will be able to enter into the case, the higher the chances of obtaining the desired result.

 

One of the main tasks of a highly qualified specialist in BES cases is to prevent in advance of bringing the client to criminal responsibility, and only then – his defense. An experienced lawyer for cases of the Bureau of Economic Security will do everything necessary to control every action of the prosecution and the adopted procedural decision.

 

When conducting procedural actions, the lawyer of the Lawrange law firm:

 

  • Will check whether what is happening is legal and what is the basis for it.
  • Prepare the suspect for interrogations and other investigative measures.
  • Will protect the client’s rights during the preliminary investigation, and, if necessary, will appeal the actions of the prosecution through the court, including organizing the cancellation of the arrest of property.
  • Gather evidence to prove the client’s innocence.
  • Prepare responses to BES inquiries.
  • Initiate expert examinations, interrogations and other procedural actions.
  • Advise on problematic issues and develop a strategy for the client’s defense.
  • Represent the interests of the suspect in the courts and the BES.

 

If your company or you personally became an object of increased interest from the Bureau of economic security, which can be judged, for example, on the summons to interrogate you or managers, accountants of your enterprise, it is not worth waiting until the charges are brought. Timely assistance of a lawyer on the BEB cases will avoid many unpleasant moments.

 

Signs of an ideal lawyer for BES cases

For such a specialist is characterized by the presence of:

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  • Deep knowledge not only in the field of jurisprudence, but also in economics, finance.
  • A large percentage of cases won the economic direction.
  • Restrained position – a good lawyer for cases of the Bureau of economic security will never give a 100% guarantee, but only describe possible options for the development of events and the probability of their occurrence.

 

All these signs have a lawyer for cases of the Bureau of Economic Security, whose services can be used by applying to the Lawrange law firm. This specialist is able to competently, reasonably express their thoughts, to find contact with people and incline them to their side, which is extremely important, because only a good speaker in the presence of contradictory evidence will be able to raise doubts in the judge about your guilt.

 

Why you should give preference to Lawrange

Our company has brought together qualified professionals who are able to effectively and in a short period of time to solve even complex, confusing BEB cases. Attorneys and lawyers of Lawrange possess a sufficient level of theoretical and practical skills in the field of economics, finance and, of course, jurisprudence. They have years of successful economic crimes under their belt. But most importantly, everyone has a narrow specialization, so any subtlety or nuance of your case will not go unnoticed.

 

Other advantages of cooperation with Lawrange:

  • Promptness.
  • Diligence.
  • Competence.
  • Transparency.
  • Confidentiality.

 

We provide a full range of services on cases initiated by the BES, from one-off consultations to representation of the client’s interests at interrogations, in courts, in the Bureau of Economic Security, etc. Work with clients is carried out under contracts that clearly define the goals and objectives for each specific case. In case of changes in the content of the tasks we do not arbitrarily, and do not issue an incomprehensible invoice, but conclude an additional agreement, which significantly saves your money.

 

Conclusions

With the help of the Bureau of Economic Security, the Cabinet of Ministers of Ukraine hopes to better investigate various economic crimes. The BES is the only body in the country that is now entrusted with this responsibility. It has taken over the powers of the Ukrainian Security Service and the Tax police, positioning itself as an analytical body designed to investigate criminal cases in the economic, financial, and tax sphere without any forceful pressure on business. In practice, not everything turns out to be so smooth, and communication between entrepreneurs and the BES is quite difficult. For this reason, it is extremely important at the first signs of interest in business on the part of the Bureau of Economic Security to apply for qualified legal assistance in Lawrange. Here you will find the assistance of a BES lawyer in Ukraine, which will avoid complicating an already difficult situation.

 

FAQ

What are the consequences of being accused or investigated by the Bureau of Economic Security?

In addition to the risk of a search, you may face penalties, seizure of property. The possibility of criminal liability, the extent of which will be determined by the court, is also not excluded.

 

What documents and information do I need to provide to an attorney in BES cases?

The composition of the package of documentation depends on the specific situation. It can include all sorts of statements from banks, accounting books of your enterprise, agreements with counterparties, partners, etc. In a word, you will need everything that relates to your case.

 

Is it possible to do without the help of a lawyer?

This is possible only if you are 100% sure of your innocence and that you are not framed, and did not give evidence against you. Immediately we note that this happens very rarely, so in most cases to turn to a lawyer for BES cases is worth it without delay, and at least for a consultation.

 
 

 

 

 

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