Insights from the Webinar "Business Behaviour when Interacting with Law Enforcement during Martial Law: Searches, Requests, Property and Account Seizures, Interrogations"

On December 17, the webinar “Business Behaviour when Interacting with Law Enforcement during Martial Law: Searches, Requests, Property and Account Seizures, Interrogations” was held. It was organized by the IT Ukraine Association in collaboration with the law firm Eterna Law.

 

The speaker was Yan Voinikanis-Myrskyi, a Partner in the Criminal Law and Business Protection Practice at Eterna Law.

 

The topics discussed included:

 

Stages of Business and Law Enforcement Relations During Martial Law

  1. February – May 2022

• A general pause in state activity with minimal law enforcement engagement. 
• Isolated cases of detentions, issuing of suspicions, and application of preventive measures were observed.

2.May 2022 – January 2024

• Adaptation to martial law conditions. Legislative restrictions on citizens’ rights to increase budget revenues. 
• Enhanced control over public procurement and budget funds.

3.January – May 2024

• A National Security and Defense Council decision limited investigative actions against businesses, resulting in a temporary halt in law enforcement activities, except by NABU and SAP.

4.From May 2024

• Resumption of active investigative measures as the state prioritizes its interests over business needs.

 

Key Types of Investigative Actions

  1.Search — a sudden and highly intrusive measure aimed at seizing documents, equipment, and evidence. Types of searches include:

• Planned — conducted with authorization from an investigative judge.
• Urgent — conducted without prior authorization.

  2.Requests from Law Enforcement — a common method for obtaining information, requiring evaluation of their legality.

• Seizure of Property and Accounts: This action can paralyze business operations.
• Interrogations: Used to apply pressure on employees and management.

 

Procedural motives of law enforcement (evidence collection, verification of circumstances, establishment of the roles of officials). Non-procedural motives (pressure on business, intimidation, disruption of business processes).

 

The goal of the business is to maintain operations, ensure legal communication, and minimise losses.

 

Risk criteria for businesses

 

Connections with the aggressor country:

• Direct (Russian citizens among founders, contracts with Russia);
• Indirect (through third parties).

 

Participation in public and defense procurements:

• High-risk areas prone to abuse and strict oversight.

 

Large turnovers and tax indicators:

• Potential claims from the Bureau of Economic Security (BEB).

 

How to prepare for a search?

 

Moral preparation (awareness that a search is possible; staff training on interaction with law enforcement).

 

Specific actions (signing an agreement with a lawyer; defining an action plan in case of a search).

 

After the search (checking the list of seized property; assessing the likelihood of further searches; identifying weaknesses in business operations and legal positions).

 

Important! Storing documents with a lawyer does not guarantee their inaccessibility to law enforcement. Searches at lawyers’ premises are common.

Warning the manager or employees about a search is an early notification that helps minimize risks and negative consequences.

 

Notifying the manager or employees about a search is an early warning that helps minimise risks and negative consequences.

 

Preparation for a search:

  Meeting with a lawyer:

• Determine what may be sought and seized in the specific case.
• Discuss the assets to be preserved.

  Appointing a company representative:

• Leadership qualities and psychological resilience.
• Preparation by the lawyer (explaining the search procedure, rights, and responsibilities).
• Simplifying the search process both emotionally and legally.

 

Actions of the company representative during a search:

• Greet the law enforcement officers.
• Monitor the actions of the investigators.
• Engage in dialogue with law enforcement.

 

Protecting property and information:

• Do not leave personal equipment or unaccounted cash accessible.
• Do not leave sensitive information unprotected (use passwords and multi-factor authentication).

 

Behaviour during a search:

 

Notify management and the lawyer.

 

Rights on-site:

• A search is not an interrogation. Respond only with a lawyer present.

• Request a copy of the protocol and authorisation.

• Follow proper conduct:

• Do not resist, but monitor the process.

• Record all actions of law enforcement.

 

Preparation for an interrogation includes:

 

Involving a lawyer — preparing responses to anticipated questions, analysing risks, and forming a strategy.

 

Behaviour during an interrogation — respond clearly to questions. Avoid complaining or giving unnecessary information.

 

When drafting the protocol, read it carefully before signing and include comments if needed.

 

It is important to act within the legal framework and be prepared for any actions by law enforcement agencies.