Attorney Services

Support in inspections

of law enforcement and regulatory authorities, including the State Tax Service, Ministry of internal Affairs and other. The presence of a specialist in the field of law, who is a lawyer, not just a lawyer, during any checks, cannot be underestimated. First of all, it concerns the inspections carried out by employees of law enforcement bodies. There have been cases where such workers are supposed to come to check of economic activity, are presented only for his business card and require an entity to present the trade patent, certificate of conformity of the goods, hygiene opinions and other documents. However, in most cases, such claims are baseless, because requiring any documents confirming the origin or quality of the goods, the police officers (who are representatives of law enforcement and not controlling bodies) actually undertake functions of regulatory authorities such as the services, the Inspectorate for consumer protection, etc., that is, do not act in the framework of their powers, and therefore legally competent explanation of these circumstances, to such employees, as a rule, leads to the end of "verification" of law enforcement officers.

Also, quite often allow business entities in conducting "inspections" of law enforcement officers in the warehouse, household and administrative premises in fact, in the absence of grounds for such admission, as in most cases the legitimacy of entering premises and stay in the premises of the supervisory bodies, without the consent of the owner of the premises will be confirmed by a court decision.

Law of Ukraine "About Police" found that the police officer has the right of free access to the territory and premises of enterprises, institutions and organizations have the right to inspect them solely for the purpose of crime prevention, prosecution of persons suspected of having committed a crime, a natural disaster or other emergency circumstances. The police officer has permission to be on the territory and premises of enterprises, institutions and organizations with a message to inform the sole purpose of ensuring the safety of citizens, public safety, crime prevention, and detection and arrest the perpetrators.

Also, in accordance with Art. 233 about Criminal Procedure don’t entitled to enter the home or other property of a person (under a different ownership entity refers to a vehicle, house, garage and other buildings or residential premises, service, commercial, industrial and other purposes, etc., which are in the possession of the person) for any purpose, except with the voluntary agreement of the person who owns them, or on the basis of the decision of the investigating judge, except as required by the third part of this article.

Part 3 of Art. 233 Code of Criminal Procedure provides that only the investigator or the prosecutor (and not any member of the law enforcements agencies) is entitled to a ruling of the investigating judge to enter a home or other property of a person only in urgent cases related to the preservation of human life and property or to the direct pursuit of persons suspected of having committed a crime.

Unfortunately, the police officers sometimes "forget" about the legislative restriction of their rights and on the rights of the owner to enter any premises of the enterprise, however, a timely reminder lawyer on the relevant restrictions or requirement of the lawyer to the police Department to provide the documents and explanations regarding the legality of stay in appropriate premises in most cases leads to the fact that law enforcement officers to leave the territory of the enterprise. Price from 800 UAH.

Protecting of the interests of the client during interrogations as a witness, victim or suspect.

It often happens that the interrogation as a witness is a prerequisite for the presentation of a person suspected of a crime, all the more that the witness shall bear criminal liability for knowingly giving false testimony or for refusal to testify about the famous witness the circumstances of the offence. In preparing the agenda with the requirement to appear for questioning as a witness even important to consult an experienced attorney. The lawyers "Law of Ukraine group" having studied only known to the client circumstances of the case and analyzing the documents provided by the customer will be able to identify a primary line of customer behavior during questioning as a witness, will provide recommendations on the volume of evidence that can be provided to law enforcement authorities and will not lead to undesirable consequences for the client. In case bringing a person as a suspect in a crime, well-defined line of defense of the client, and "control" advocate the observance of pre-trial investigation authorities due process in the investigation of the criminal offense may lead to a change in training actions of the client to a more "soft" article of the Criminal code Ukraine and the closure of criminal proceedings in connection with the failure to identify the actions of the client alleged crime.

The interests of the persons suffered from the crime an experienced lawyer, other than direct assistance to a person performs an additional incentive for the investigator to comply with current legislation during the pre-trial investigation and complicates the possibility of evasion of statutory criminal liability. Price from 800 UAH.

Protection of interests the client in a search or inspection of the home, or other possession of a person.

A search or inspection of the home or other possession of a person is the investigative actions that are associated with the direct access of law enforcement officers in the house, the other of a person to services of an experienced lawyer with a search / inspection is a guarantee that the search / inspection will be carried out both with minimal disruption to customer and in compliance with the applicable legislation laws of Ukraine, establishing the inviolability of the home or any other possession of a person.

In accordance with the provisions of the Code of Criminal Procedure, a search or inspection may be conducted only by the investigator or the prosecutor and solely on the basis of a court for permission to search the home or other possession of a person. That is, a lawyer representing the interests of the person - the owner (user) of the location in which to conduct a search / inspection first checks the authority of law enforcement officers who are planning to conduct a search / inspection - in the absence of law enforcement officers documents proving the procedural status of the investigator / prosecutor criminal proceedings, in the course of which a search is conducted, the person - the owner (user) space has every legitimate reason refuse workers of District Department of Internal Affairs is available under the premise. Also, the lawyer can analyze the decision of the court for permission to search the home or other possession of a person - the presence of even a small technical error in this decision may be sufficient legal basis for the denial of legitimate enforcement officers access to the premises and, consequently, to the failure to conduct a search.

The Criminal Procedure Code of Ukraine found that a search or inspection of the home or other possession of a person is carried out with the obligatory participation of at least two disinterested persons (witnesses). The main requirement of "no interested" witnesses are often ignored by the staff of District Department of Internal Affairs - to act as witnesses "persistent witnesses" who are employees of District Department of Internal Affairs carry with them to participate in all investigative actions. The lawyer discovered a close and rather informal discussion of these "witnesses" to the employees of District Department of Internal Affairs can point to such a discrepancy procedural rules and to require the carrying out of a search / inspection really disinterested persons, which will prevent possible abuses during the search / examination, which, unfortunately, often allowed employees of District Department of Internal Affairs . Price from 800 UAH.

Collection of information

on under the Law of Ukraine "On Advocacy and Legal Practice" and the Criminal Procedure Code of Ukraine, including the evidence in criminal proceedings.

The new Law of Ukraine "Advocacy and Legal Practice" greatly expanded the rights lawyer in criminal proceedings. The most important novella of the current legislation is that the right of an attorney to collect and provide evidence of the actual amount to rights of pre-trial investigation - the right to a lawyer during pre-trial investigation to receive from public authorities, local governments, enterprises, institutions, organizations, officials and individuals those things, copies of documents, data, conclusions of experts, the findings of audits, inspection reports. The accuracy and completeness of application an attorney of his right to collect evidence in a criminal proceeding, may lead to the closure of criminal proceedings in the pre-trial investigation and until the court acquittal of the accused. Also, in case there is a real threat of the suspect remand in custody lawyer professionalism, the validity of the arguments presented by counsel and completeness of the evidence collected by a lawyer, could lead to election of the suspect a less serious sanction in the form of collateral or on his own recognizance.

In addition, the Law of Ukraine "About advocacy" stipulates the right of a lawyer at his request, to receive the conclusions of the expert on any issues requiring special knowledge (before introduction in action of the new Law lawyer had the right to receive solely the decision of the experts), that considerably expands the possibilities of the lawyer concerning the collection of evidence including civil and economic cases. Price from 200 UAH.

Protection during the judicial review of administrative cases

 cases of administrative violations, including corruption offenses, breaches of traffic rules, violations in urban planning, etc.

 Code of Administrative Offences provides that a person brought to administrative responsibility in a case may use legal assistance lawyer or other professional in law, who by law has the right to legal assistance. At the same time, due to the lack of legal definition of the term "expert in the field of law," the courts are actually allowed to participate in the proceedings as a representative of the person brought to administrative responsibility, only a lawyer.

 However, considering peculiarities of proceedings on administrative violations and also providing statutory powers to draw up protocols on administrative violations significant number of subjects (which, in some cases, generally are not subject to authority) for violations committed in a wide range of public relations, ability to attract as an advocate in these cases only a lawyer, and not any other "expert in the field of law," is the most positive thing.

The lawyer, as a professional in the field of law is oriented in most effective normative acts including those that set the powers of the eligible as up protocols on administrative violations and to consider cases on administrative offenses.

Skilled care is important as a lawyer at the stage of a person in respect of the administrative offense and at the stage of the proceedings by the authorized body.

At the stage of drawing up the protocol about administrative violation attorney will provide primary care to the client in the form of advice on the general line of the client's behavior in the preparation of the protocol, the content of possible explanations client's lawyer will be able to focus on non-apparent details and circumstances which are relevant for the further attraction of the client not to administrative charges, and that must be specified in the protocol or when giving explanations.

The legal assistance of a lawyer in cases on administrative offenses, takes place in a context where legal provisions governing the procedure and grounds for bringing the person to administrative responsibility, in some cases, contradict each other, there is not a significant amount of legal definitions and other gaps in the law, which could lead to the imposition on a review of similar cases on administrative offenses in fact the opposite (but still legal!) solutions.

Experienced attorney with experience including law enforcement agencies, representing the interests of the person being called to account when considering an administrative case provides maximum protection of the interests of that person. In addition, subject to certain legislative gaps, the activities of a lawyer to protect the interests of the person brought to administrative responsibility, in most cases, leads to the closing of the proceedings in the absence of the actions of the person called to account, the composition of the administrative offense. Price from 800 UAH.

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