Expertise/White-Collar Defence

Service

Criminal Law Audit of a Business

The advocate examines how transactions, payments, dealings with counterparties and the engagement of staff actually work, and compares this with the elements of criminal offences in order to assess the risks for specific individuals in advance.

We are most often instructed by:

  • Business owners, including owners of groups of companies
  • General directors of companies
  • Finance directors and chief accountants

The information on this website is provided for information purposes only and does not constitute a public offer.

What the Service Includes

Timing and Fees
–timing on request
from ₽fee on request

Timing and fees are indicative and are confirmed when the engagement is agreed.

01 / Overview
Who bears the risk

Criminal liability is borne by individuals. For an owner, general director, finance director, chief accountant or employee, the relevant factors are that person's specific actions, actual role and guilt. A position held, ownership of an interest or involvement in approving a decision does not in itself mean that there are grounds for criminal liability.

The group structure, working through intermediaries and the arrangements for payments and for engaging staff do not in themselves indicate a crime. The circumstances identified are compared with the elements of specific offences, and gaps in the information are noted in the opinion.

The same circumstances may require a separate tax, civil law or other assessment.

Changes in the company's operations, legislation or case law may require the analysis to be updated.

02 / Outcome
Service Outcome
  • Opinion on the risks identifiedA list of risks by period and area of activity, with recommendations on the order of further steps.
  • Assessment of personal risksAn evaluation of the role of owners, executives and employees in the decisions reviewed, indicating the circumstances that require attention or further clarification.
  • Changes to documents and proceduresRecommendations and agreed draft amendments to contracts, decision-making procedures and internal regulations that comply with the law and accurately reflect the actual relationships; adoption and implementation remain with the company.
  • Guidance on possible questionsExplanations of circumstances that may attract the interest of inspecting authorities, and of materials relevant to the legal position.

The outcome of the service is the work performed within the scope agreed with the client.

03 / Preparation
What the work is built on
  1. Materials

    The work is built on the company's documents and information; the following points are relevant.

    • Group structureInformation on the legal entities, areas of activity and periods proposed for inclusion in the audit.
    • Management documentsResolutions of management bodies, powers of attorney and documents on the allocation of powers.
    • Transactions and settlementsContracts for significant transactions, and information on counterparties, performance of obligations and payments.
    • Staff and contractorsDocuments on how relationships with employees and contractors are formalized, and on settlement and payment procedures.
    • InterviewsAgreeing the participants in and timing of interviews with executives and key employees.
    • Formalizing the engagementInformation needed to identify the client, check for a possible conflict of interest and enter into an engagement agreement with the advocate.
  2. Assessment

    On the basis of the materials, the risks, the possible solutions and their consequences are identified.

  3. Plan

    For the chosen option, a plan is drawn up: the sequence of steps, timing and scope of work.

04 / Questions
Frequently Asked Questions

A legal review may cover a range of issues: corporate relations, contracts, employment disputes and other areas. A criminal law audit focuses on circumstances that may be relevant to the application of the criminal law and on the roles of specific individuals.

An audit helps to check the extent to which documents and internal procedures reflect actual operations, to identify contentious issues and to prepare recommendations. A discrepancy in documents does not in itself mean that a crime has been committed: to reach a conclusion on risk, the substance of the transactions and other circumstances are examined.

Information relating to legal assistance provided by an advocate to a client is protected by advocate–client privilege. At the same time, how specific materials may be obtained and used depends on their content, where they are kept and the circumstances of the procedural actions.

Before work begins, the recipients of the opinion and the arrangements for its delivery and storage are agreed.

Usually an authorized representative of the company and employees with knowledge of finances, transactions and internal processes take part. The specific participants are determined according to the purpose of the audit. An employee's participation in an interview does not mean that the advocate becomes that employee's defence lawyer: such assistance is agreed separately, taking into account a possible conflict of interest.

No. Correcting documents and procedures following an audit does not in itself exclude liability for past actions.

An hourly rate, a fixed fee or a combined model is used. The fee is determined by the time actually spent, the complexity of the matter and the overall timeframe of the project, and is agreed before work begins.

Request a free consultation

Describe your matter and the circumstances in which it arose. The consultation establishes the possible structure of the work and the scope of legal support required.

Email us

Discuss your matter

Describe your situation and we will reply within 24 hours.

Discuss your matter

Describe your situation and we will reply within 24 hours.

Request sent

We will contact you within 24 hours