INSTRUCTION on the procedure for conducting ORM in relation to firms

[Частный детектив ОДБ. Новосибирск.]

INSTRUCTION on the procedure for conducting operational-search measures in relation to business entities by employees of criminal police services

1. This Instruction defines the procedure for conducting operational-search measures in relation to business entities if there is evidence of signs of a committed unlawful act, if there is not enough data to resolve the issue of initiating a criminal case.
2. ORMs are carried out by employees of the economic and tax crime services, as well as other criminal police officers of the Ministry of Internal Affairs, whose functions are to obtain information about events and actions that threaten the economic security of the Russian Federation.
3. When organizing and conducting an ORM, employees of the operational units of criminal police are guided by the Constitution of the Russian Federation, Federal Law of August 12, 1995 No. 144-ФЗ On Operational Investigation Activities, the Law on Police, and regulatory legal acts of the Ministry of Internal Affairs of the Russian Federation and the Ministry of Internal Affairs, as well as these Instructions.
4. Upon receipt of information about the committed illegal act and other grounds listed in Section 7 of the Law on the ARD, for conducting ORM, registered in accordance with the procedure established by departmental regulatory acts, an inspection is carried out at the direction of the head of the unit. After the initial verification activities, if necessary, there may be a public access to the verification of a business entity carried out according to a reasoned decision on conducting an ORM issued by authorized officials.

ORM is a single action aimed at establishing the fact and circumstances of the commission of an act having signs of a crime. The decision to conduct an ORM is made on the basis of a reasoned report by the employee who conducted the initial inspection and containing information about the signs of a committed unlawful act, which at the time of the decision was not sufficient to resolve the issue of conducting the audit in the manner established by Art. 144 Code of Criminal Procedure. The decision on conducting ORM is registered in a special journal (Appendix No. 2). The decision shall indicate information on the subject of entrepreneurial activity (name of the legal entity, individual entrepreneur or full name of FI, TIN, address), the period and method of the possible commission of an unlawful act, the composition of the staff conducting the examination and examination of documents.

In necessary cases, experts from the forensic center of the Ministry of Internal Affairs and other regulatory bodies may be involved in participating in events.

A representative of a business entity shall be given a copy of the decision on conducting an ORM, which is noted in the resolution.
Information about the events is immediately sent to the supervising prosecutor and the IC MVD.

Inspection of premises (buildings, structures, terrain, vehicles), the study of objects (including electronic media) and documents of financial and economic activity with the subsequent seizure of objects (including electronic media), documents or their certified copies are made in the presence of a representative of a business entity and two disinterested persons.

5. Based on the results of the vowels of the ORM, a protocol is drawn up (Appendix No. 3), which should reflect all documents and items seized in accordance with Article 15 of the "Law on Ordinances" (including electronic media) and materials. The protocol is drawn up in accordance with the requirements of the criminal procedure legislation of the Russian Federation during the ORM or immediately after their completion. The protocol can be written by hand or made using technical means. The protocol shall indicate:
1) the place and date of production of the ORM, the time of its beginning and end, accurate to the minute;
2) position, surname and initials of the person who compiled the protocol;
3) surname, name and patronymic of each person participating in the ORM, address and other personal data.
The protocol describes the actions in the order in which they were carried out, significant circumstances identified during their conduct, as well as the statements of the persons participating in the ORM.
The protocol should indicate the technical means used during the ORM, the conditions and procedure for their use, the facilities to which these funds were applied, and the results obtained. It should be noted in the protocol that the persons participating in the ORM were warned in advance about the use of technical means.

The protocol is presented for review to all persons involved in the ORM. He shall explain the right to make comments to be added to the protocol on its addition and clarification. All comments made on the addition and refinement of the protocol must be agreed and certified by the signatures of these persons.
The protocol is signed by the official and persons who participated in the ORM.
Drawings, plans, diagrams, executed during ORM are attached to the protocol.
The protocol should also contain a record of the clarification of the rights, obligations, responsibilities and procedures for conducting the ORM to the participants, which is certified by their signatures.

If documents are seized during the examination, then copies are made from them, which are certified by the official who seized the documents and transferred to the person from whom the documents were seized, which is recorded in the protocol. If it is impossible to make copies or transfer them simultaneously with the seizure of documents, the specified official shall transfer certified copies of the documents to the person from whom the documents were seized within five days after the seizure, which is recorded in the minutes. If after five days after the seizure of documents, certified copies of the documents were not transferred to the person from whom the documents were seized, the certified copies of the documents must be sent by registered mail within three days, about which an entry is made in the protocol indicating the postal number Departure Copies of documents are sent to the address of the location of the legal entity or the address of the place of residence of the individual indicated in the protocol.

If during the survey there is a need to remove electronic storage media, the business entity is given the opportunity to make an electronic copy, which is recorded in the protocol.

6. If necessary, items seized in the manner prescribed by law (including electronic media) and documents of financial and economic activity are transferred for examination to specialists who, based on the results of the study, draw up the Research Act (Appendix No. 4), reflecting all identified violations of the law, as well as other circumstances relevant to making the right and informed decision on the results of the ORM. An act is also drawn up if the corresponding offenses during the course of the study are not established. The research act should consist of three parts: general, descriptive and final.

7. The general part of the act without fail reflects general information about the conducted ORM and data on the subject of entrepreneurial activity, and also indicates;

• full and abbreviated name of the audited organization;
• tax identification number (TIN);
• place of inspection;
• surnames, first names, patronymic names, job titles, special ranks of persons who conducted ORM;
• date of signing and number of the decision on conducting the ORM;
• period for which the audit was conducted;
• start and end date of the audit;
  last names, first names and patronymics of representatives of a business entity (individual, his representative). If during the period under review there have been changes in the composition of the above-mentioned persons, the list of these persons is provided with a simultaneous indication of the period during which these persons held relevant posts in accordance with orders, decrees, minutes of meetings of founders or other documents on appointment and dismissal from their posts ;
• location of the subject of entrepreneurial activity (the place of residence of the individual), as well as the place of business (indicated in the case of carrying out their activities not at the location);
• information on state registration, on registration with a tax authority, on current and currency accounts opened with banks, on adopted accounting policies;
• documentary evidence of the right to carry out licensed activities (number and date of issue of the license, name of the authority that issued the license, the start and end dates of the license);
• documentary evidence of the actual activities carried out, including those prohibited by law or carried out in the absence of an appropriate license. [/ list]
  
  8. The narrative of the act should comprehensively reflect all material circumstances relevant to the revealed facts of violations. The following shall be obligatory reflected in the narrative: the essence of the offense, the method of its commission, the period of financial and economic activity to which this offense relates, officials involved in the commission of the specified offense, references to primary documents and other circumstances that reliably confirm the existence of the violation, and also facts of non-submission of any documents (objects, materials).
  9. In the final part of the Research Act, generalized information on the results of the research with the indication of regulatory legal acts, violations of which have been identified, shall be reflected.
  10. Based on the results of the measures taken, one of the following decisions is made:
  • on the compilation of a report on the detection of evidence of a crime sufficient to consider and decide in the manner provided for in Articles 144 and 145 of the Code of Criminal Procedure of the Russian Federation;
  • on the transfer of materials on jurisdiction;
  • on the completion of the audit due to the failure to establish a violation of the legislation of the Russian Federation. [/ list]
    11. A business decision is made within three days of the decision taken as a result of the audit, and the subject of business is supervised by the prosecutor, as well as the tax authority at the place of registration of the business subject.

 

[Матушкин Андрей Николаевич]

Thank!

 

[Частный детектив. Егор227.]

:shock:

 

[Детективное агентство Симферополь]

: Shock:

: shock:: shock:: shock:

 

[Анатолий Маланченко]

That’s what it means to “nightmare” a business! Come, seize everything, paralyze the work, and then make a decision "to complete the audit in connection with the violation of the law." : D

 

[Anonymous]

If you scoop up your legs and watch how they “nightmare” you, it will be as always. But do not forget that for every action there may be a reaction. Not so private business is not protected ...: lol:

 

[Детективное агентство ИКС-Инфо.]

And why does this instruction have no neck? : P