Business security. General provisions for temporary access to things and documents.
BIA employees basically, formally refer to the implementation of access to documents that are related to documents containing bank secrecy (hereinafter referred to as BS). Basically, decisions on access to such documents are brought by persons who are not interested in it (trainees, cadets, territorial body). This is precisely the case with the decisions on seizure of accounts.
Most of the decisions on access to documents that BSs have are received by mail, and those that bring couriers are brought in terms bordering the deadlines for the termination of the order.
It is worth noting that none of the investigators have ever independently studied the materials of the legal cases specified in the resolution. In my opinion, in this way, persons who own documents may abuse their authority and, at their discretion, may not provide documents that are of significant importance in criminal proceedings.
Also, the investigator (who is interested in the disclosure of the crime) should independently read and examine the originals of the materials specified in the court’s decision, examine them, evaluate them, in some cases, copy and remove the documents specified in the resolution.
At the same time, the legislator did not envisage that copies of documents should be made by the owner of the documents. In this case, the investigator must carry out copies on his own equipment, can significantly impede his work and delaying the investigation. But in the event that the investigator seizes the original documents, he must keep copies of the documents at the request of the owner of these documents.
Also, it is not uncommon for an investigator to receive originals of documents containing BSs for examination, and in the regulatory part of the resolution, copies of documents are indicated.
In most resolutions, the investigator raises the question of granting temporary access to information constituting bank secrecy, generally in paper form (questionnaires, signature sample cards, registration documents, information on cash flow, documents relating to the opening and maintenance of accounts), while they forget about remote systems of use, the so-called “client-bank” (the IP-address from which the accounts are managed, the statements on the phone numbers through which the connection between the computer “T-BANK clients”and the client computer).
Statistics indicate that most of the documents that are prepared according to the decisions on access to BS documents remain without execution, the documents are prepared by the owner, and no one comes after them, or BIA workers arrive with violations of the terms of the resolution.
Then they seek a compromise or immediately threaten the conduct of searches.
Also, cases where documents are received by persons are not specified in the resolution (in the operative part of the resolution there is no interpretation of other persons of the investigative-operative group on instructions and the possibility of seizing documents) and also in the event of receipt of refusal to provide documents, immediately threatened with a search, although the decision in This can not be done in any way.
At the same time, in frequent telephone conversations, investigators are categorically sure that they comply with the CCP norms on obtaining temporary access to documents clearly.
