Responding to law enforcement requests
Legal analysis of requests from NABU, the State Bureau of Investigation, the Bureau of Economic Security, the National Police and the Security Service of Ukraine: assessing their lawfulness, determining the scope of the information the company is obliged to provide, and preparing legally sound answers that create no risk for the business.
Why PROCTOR
Any request from a law enforcement authority may become the beginning of future criminal proceedings.
That is why we treat every such document not as an ordinary request for information, but as a potential source of procedural risk.
The PROCTOR team analyses the lawfulness of the grounds on which the request was sent, the scope of the powers of the authority concerned, the list of documents that can be provided without harm to the business, and also assesses how the information provided could be used in future criminal proceedings.
We prepare answers in a way that meets the requirements of the law while protecting the interests of the company, its officers and its owners as fully as possible.
How we prepare the answer
The order of work on a request: from checking that it is lawful to the answer sent and the support that follows it.
01
Registration and deadlines
We record the date the request arrived, the authority, the signatory and the deadline. We check at once whether service was proper and how much time the company really has.
02
Checking the request is lawful
We analyse whether the authority acts within its powers, whether the proceedings are named and whether the information sought relates to their subject. Groundless demands are refused with reasons.
03
Scope of the information
We separate what the company must provide from what falls outside the request: trade secrets, personal data and documents belonging to other legal entities.
04
Preparing the answer
We draft the letter and the list of annexes and check every document against the accounts and earlier explanations for contradictions. The answer is signed by an authorised officer.
05
Support after the answer
We prepare staff for a possible summons to questioning and handle repeat requests and temporary access to items and documents if the authority takes the matter further.
Formats of work with requests
The format is chosen by whether the request is a one-off, or the company receives such letters regularly.
A single request
Legal analysis of one letter and a finished answer with a list of annexes. We explain what exactly is handed over and why the rest of the documents need not be provided.
A request and its aftermath
The answer plus preparation for what may follow: briefing of the staff, the position for questioning and reaction to temporary access to items and documents.
Standing work with authorities
Every request to the company passes through our lawyers: a single register of enquiries, agreed answers, control of deadlines and analysis of where the interest is heading.
