What tools does the BES use in its analytical work?
On April 3, EBA member companies met with Andriy Pashchuk, Acting Director of the Bureau of Economic Security of Ukraine, and his team. The participants of the meeting had the opportunity to learn about the current tasks and priorities of the Bureau, discuss the most pressing issues of interaction with business.
Currently, the Bureau operates under four laws: the Law on the BES, the Law on Operational and Investigative Activities, the Law on Organizational and Legal Framework for Combating Organized Crime, and the Criminal Procedure Code of Ukraine. These laws define the functionality of the Bureau's work, which currently includes both analytical and operational-search components and pre-trial investigation.
The most common tool used by the BES in its analytical activities is an information and recommendation letter to supervisory authorities/regulators in case a certain preventable risk is identified. If certain consequences have already occurred, the BES switches to using tools in the criminal procedure area.
To strengthen the analytical component of its work, the BES needs more data for timely identification and assessment of risks, which can be data from both government agencies and businesses. In addition, the BES wants to make it mandatory to respond to information and recommendation letters (analytical certificates) so that more cases are resolved at the analytical stage.
According to the BES management, the lack of staff, underfunding and the absence of broad regional offices currently hinder the BES's efficiency. Sometimes the BES engages the SBU's operational units to work on complex cases.
Businesses had the opportunity to comment on the BES's ineffective work in combating the illegal market of excisable goods, to voice problematic cases in cooperation with the BES, and also voiced some suggestions in the context of uncontrolled opening of economic crime investigations and deliberate delay in closing false suspicions. In particular, companies note that during the investigation, a company may face the seizure of accounts and seizure of office equipment, which may lead to blocking of the company's activities at this time. In this regard, the business suggests not blocking accounts related to payment of taxes, salaries, utility bills, etc. In addition, the business has noted that the amount of bail is often set disproportionate to the hypothetical violation. Given that economic investigations can take a long time, businesses insist that companies should be able to continue operating while the procedure is ongoing.
For its part, the Bureau's management assured the meeting participants that all suggestions and comments would be taken into account and proposed to set up a working group to continue the dialogue and develop constructive solutions to the issues of greatest concern to the business community.
The meeting participants also had the opportunity to discuss some issues of smuggling criminalization, customs inspections and delays, the problem of import and sale of prohibited, inefficient boilers, and protection of intellectual property rights, etc.
Buhgalter 911 notes that the content of the author's materials may not coincide with the policy and opinion of the editorial team. The authors of the published materials include not only representatives of the editorial team.
The information presented in a particular publication reflects the position of the author. The editorial team does not interfere with the author's materials, does not edit the texts, and is therefore not responsible for their content.