Application to OBEP for inspection: sample and guidelines

The Ministry of Internal Affairs of the Russian Federation has many departments and law enforcement agencies that are responsible for certain areas of activity. We suggest taking a closer look at OBEP. This is an operational structure under the Ministry of Internal Affairs, which is responsible for protecting the economic security of the Russian Federation.

The name of the structure literally stands for department for combating economic crimes. The specialists of this structure conduct cases involving the conclusion of unfair transactions, non-payment of taxes and government contributions, as well as the illegal acquisition of real estate, and the implementation of illegal transactions with foreign currency.

What kind of OBEP

The Department of Economic Security and Anti-Corruption (UEBiPK), formerly called OBEP, are police officers who deal with violations related to business and corruption.
For example, copyright infringement, tax evasion, restriction of competition. If you are doing business, then you have a chance to get into their field of vision. Since the old name of the OBEP - Department for Combating Economic Crimes - is still widely known, I will use it in the article. OBEP officers have two ways to personally communicate with entrepreneurs: interrogation and questioning during inspection.

Legal basis

OBEP is the previously existing abbreviation of the institution.
Now it has been renamed OEBiPK. It stands for the following: Department of Economic Security and Anti-Corruption. The structure deals with serious issues in the field of protecting and protecting the economic security of our country. Within the framework of criminal law, the institution deals with issues related to violations related to the crimes specified in Art. 159 of the Criminal Code of the Russian Federation – fraud. In addition, the structure deals with issues of administrative violations included in Art. 7.27 Code of Administrative Offenses of the Russian Federation – petty theft.

The difference between these articles lies only in the social danger, which is expressed in financial terms.

According to the Code of Administrative Offenses of the Russian Federation, cases are considered when fraudulent schemes are identified, when the damage to the victims does not exceed 2,500 rubles. If the amount of fraud turns out to be significantly higher, then the punishment will be imposed in accordance with the Criminal Code.

Formatting an organization

In 1983, the main tasks of the then OBEP included the fight against bribes, currency transactions and thefts occurring outside the law. The organization has undergone reformatting. Responsibility for unearned income was introduced. After the collapse of the USSR, several structures were united, and the head of the OBEP became the sole leader. The powers and tasks of the organization were revised. Criminal offenses are also included here.

In 2003, tax police units created in 1992 became part of the Ministry of Internal Affairs. In 2004, the department of economic work was organized.

All employees of the OBEP structure have an active life position. They constantly consider a variety of complaints from citizens. Over the entire period of operation, several billion rubles and a large number of securities were returned to the state fund. Currently, the responsibilities of the Department of Economic Crimes include many points; in the law enforcement department, this structure is of particular importance.

Reasons for complaints to OEBiPK (OBEP)

There are many legal grounds for filing a complaint, here are just a few:

Cause	Description
Fictitious companies operate	the appearance of activity is created; bank loans are issued; fake contracts are concluded for the supply of goods or services, and an advance payment is taken under the contract; They accept personal savings from people and promise a big increase in investments. After existing for some time, the company disappears with the money, leaving the deceived people with nothing.
Fictitious employment	The company announces the search for applicants for employment in this case: money is collected allegedly for further work abroad; Having worked for a probationary period without registration, wages are not paid and are not included in the permanent staff. As a result, there are again deceived people.
Deception of a legal entity	A citizen fraudulently enriched himself at the expense of the organization, this became known.
Falsification of documents	The entrepreneur received subsidies and various benefits from the state by forging documents.

On these grounds, you can complain about the organization.

In addition, a worker can file a complaint against an employer if:

the employee is not registered, he can be left without work at any time, without any explanations or social guarantees, the fact of violations is obvious;
if employees are not officially registered, it means that the employer does not pay payments to the state budget, and therefore it is possible that he is also concealing profits, which is detrimental to the state treasury.

To begin with, you can contact the labor inspectorate if they do not want to officially employ you. The control body does not respond to your requests? Then feel free to write to the Department for Combating Economic Crimes (OBEP). In this case, the issue will be resolved immediately.

Why you need to contact OEBiPK

According to Article 40 of the Criminal Code of the Russian Federation, the Department of Economic Security and Anti-Corruption (formerly OBEP) is authorized to conduct an investigation in the event of facts of fraud falling under Article 159 of the Criminal Code of the Russian Federation. Thus, an application to the OEBiPK must be submitted under unqualified offenses under this article and specialized articles on fraud.

Also, employees of this department of the Ministry of Internal Affairs have the right to draw up protocols on administrative cases of fraud.

How to find the right OEBiPK department

It is necessary to submit an application to the OBEP taking into account the territorial registration of the applicant. Therefore you need:

Determine the district to which the applicant’s registered address belongs.
Find the OESiPK unit corresponding to this area.

A list of all departments is available on the Internet. For clarification, you can call the department on duty.

Structure of divisions of the Economic Economic Crimes of the Main Directorate of the Ministry of Internal Affairs of the capital

Each city has an OBEP unit. Moscow is a city of federal significance, so the structure of the territorial police here is slightly modified compared to other regions. The Main Directorate of the Moscow Police has an ES&P department in its structure. Moscow has ten administrative districts, each with a department of the Ministry of Internal Affairs, which reports to the heads of the capital's police. OBEP is also present in the district, but is called EBiPK. The division of the Eastern Administrative District of Moscow is located at the address: 2nd Vladimirskaya, 14.

In large cities and regions, each district department has its own OBEP. St. Petersburg and the Leningrad region have 36 departments, each of which can be addressed by any citizen with a complaint.

Schemes and persons involved in scams

Legal entities (credit fraud)

Legal entities are the subject of fraud most often when obtaining loans from a bank, using in this case entire criminal schemes.

To do this, representatives of the front legal entity create an imitation of the structure’s activities:

register a new LLC or other business entity with a full set of relevant documentation;
rent premises;
create the appearance of money movement in accounts;
they forge contracts, inflate their reputation, etc.

Identification of such complex and often extremely confusing schemes is the responsibility of the Department of Economic Crimes.

In fact, to begin such verification activities, no application is required, but most often the work of law enforcement officers begins after an official request from a bank representative.

The most striking example of recent years of fraud with legal entities is the theft at Sberbank of the Russian Federation (Meshchanskoe, Staromyskoe and Lublin branches). Losses as a result of illegal actions totaled more than 35 billion rubles. This amount was obtained as a result of issuing loans (2006-2007) using forged documents to legal entities and individuals. The specified employees of the enterprises in the loan agreements never worked in the specified structures. For successful lending, a whole package of fake documentation was prepared. After the loan was granted, the entire amount was transferred to the accounts of shell companies and then cashed out.

Individuals upon non-return of funds

Whether to submit an application in a case where the debtor does not return a certain amount of previously borrowed funds must be decided by everyone independently.

It all depends on what effect you want to achieve with your actions:

Bring to criminal liability the person who committed fraudulent acts. In this case, contacting the Department of Economic Crimes is a reasonable and correct decision. Based on the evidence provided by you and collected by law enforcement agencies, a decision will be made to initiate criminal proceedings or refuse to initiate them. If a refusal is issued, the basis for this is often the existence of civil legal relations that are subject to resolution in court (civilian tribunal). In this case, appealing the decision of law enforcement officers will not lead to any result, but will only delay the conflict resolution procedure.
Refund of money. In such a situation, it would be more appropriate to immediately resort to the help of a civilian tribunal, rather than turning to the Department of Economic Crimes. At the same time, you can send an application to a law enforcement agency for the purpose of conducting verification measures to determine whether there is fraud in the actions of the debtor. In this situation, this appeal may serve as a reason for a faster return of funds by the debtor in order to avoid criminal liability.

The best solution (whether to contact the Economic Crime Department or not) would be to consult a competent lawyer and explain to him all the circumstances of the case.

Officials

Officials in the Russian Federation often become subjects of a crime in the form of fraud. A textbook example of such a crime is the misappropriation of money by a person who promised to transfer it to a third party in the form of a bribe.

In this case, the application is submitted in the general manner, indicating the specific official who committed the crime.

Fraud has recently become a fairly common crime in the legal profession. A striking example of the dishonest activity of a lawyer is the verdict of the court of the N. region, where the relatives of the detained citizen E. and accused of committing a robbery with a weapon, as well as murder, decided to use the services of a lawyer who is quite “popular” and in demand in this region. The lawyer, who would later become accused under Article 159 of the Criminal Code of the Russian Federation, tried in every possible way to make the right impression: he named many names of officials, spoke familiarly about them, creating the impression of close relations with them.

Also, during a private conversation, the lawyer mentioned that everything can be resolved at certain prices established in the region. Relatives, wanting to save citizen E. and ease his fate, transferred the necessary amounts of money to the lawyer. The lawyer complained that he redirected the money to the necessary people, but they did not resolve the issue in the right direction, and repeatedly stated that the money was not enough. Despite the large sums received from relatives, E. was sentenced to 20 years in prison.

Relatives contacted law enforcement agencies with a statement about the lawyer’s dishonesty. As a result of the checks, it was revealed that the lawyer did not transfer any money to anyone, and it ended up in his bank accounts. It is not worth mentioning that persons who transfer money for bribes are also subject to criminal liability.

Another case of fraudulent actions by a lawyer is accepting a fee for representation in court, but not taking any measures to fulfill his duties due to heavy workload, unwillingness to perform them, or for other reasons.

Drawing up an application

You can make an application to the OEBiPK using a special form (it is available at any police department) or yourself. The main requirement (according to Article 141 of the Code of Criminal Procedure of the Russian Federation) is the presence of the applicant’s signature on the document.

It is also worth considering the requirements of the law “On the procedure for considering citizens’ appeals”, which determine the principles for drawing up any application or complaint:

The header indicates the details of the addressee (police department or OEBiPK) and the applicant (full name, date of birth, address, telephone).
The title is “Statement regarding fraud.”
Description of the essence of fraudulent activities, indicating all important details.
The pleading part. In it, the applicant asks that the perpetrator be brought to justice.
Mandatory addition: “I have been warned about criminal liability for knowingly false denunciation under Article 306 of the Criminal Code of the Russian Federation.”
List of attached evidence.
Date and signature with surname decoding.

Compliance with these requirements is mandatory for the application to be accepted by the OBEP.

Evidence of fraud

The list of possible evidence for a criminal offense is indicated in Article 74 of the Code of Criminal Procedure of the Russian Federation:

Testimony of the offender, victim and witnesses.
Expert opinion.
Material evidence.
Protocols of investigative and judicial actions.
Other documents.

For administrative offenses in accordance with article of the Code of Administrative Offenses of the Russian Federation No. 26.2, the following can additionally be used:

Protocols on administrative violations.
Explanations of the alleged violator.
Indications of special technical means.

Material evidence includes photographs and videos, audio recordings, checks, letters and other paper materials.

Procedure for consideration of the application

If the application to the OBEP concerns the fact of an administrative offense, then it will be opened immediately after the fact of the violation is revealed.
In accordance with Article No. 28.7 of the Administrative Code, a copy of the document initiating the case must be given to the applicant within 24 hours.

A month is allotted for the investigation of an administrative case, but in exceptional cases this period can be extended to six months. Based on the results of the investigation:

A protocol is drawn up.
Or a decision to convert the case if the fact of the offense has not been proven.

In case of a fact that may be classified as a criminal offense, an OEBiPK employee will conduct an inspection within 3 days. In exceptional cases, it may extend for 30 days (Article 144 of the Code of Criminal Procedure). During the verification process, the investigator examines documents and interviews the applicant, witnesses and the alleged attacker (if he was able to be identified and brought to testify).

According to the results:

A decision is made to initiate a criminal case.
Transferring the case to another department.
Refusal to initiate a case.

It is important to correctly draw up an application to the OBEP according to the model described above in order for it to be accepted for consideration.

How to get a job?

Requirements for candidates

If a citizen wishes to become an employee of the OEBiPK, firstly, he is prohibited from having a criminal record in the past or present; it is advisable to have a higher legal or economic education . Citizens liable for military service must present a document confirming their state of health; only persons with military registration category “A” for health reasons are allowed to occupy operational positions. In addition, when contacting the personnel department of the local city OEBiPK, you need to provide a fairly impressive list of documents, including:

Passport of a citizen of the Russian Federation and its copy;
Autobiography written in one's own hand;
Original and copy of military ID;
Consent to obtain access to information constituting state secrets;
List of documents for close relatives and so on.

As you can see, getting a job in such an important government organization, which often has access to secret data, is not so easy, but it is quite possible. The entire range of documents, after they are submitted, will be carefully processed and checked by employees of the HR department of OEBiPK, this may take several months.

How to write a police report about fraud

There are no special requirements required when writing a message to the police station to detect fraud. Therefore, it is drawn up in accordance with the accepted rules for composing official business letters. However, the results of its paperwork will depend on the correctness of the written appeal, so you need to treat its execution responsibly.

The appeal is addressed to the head of the police station.
Full name is displayed below. and the address of the author of the letter. Sometimes, the information may be supplemented with passport information and a contact phone number.
The text portion of the message must include the time and location of the fraud, detailing the names and addresses of witnesses to the crime, the stolen property or amount of damage, and any information the complainant has about the criminal.
Next, you need to submit a request to initiate proceedings for fraud on the basis of an appropriate article of the Criminal Code of the Russian Federation, punish the fraudster and return the missing valuables.
Considering that most citizens are not familiar with the Criminal Code, it is best for the applicant to consult a lawyer on this issue.
At the end of the appeal, it is required to display a list of materials certifying the fact of the offense, put the signature of the author and the date of registration of the message at the station.

What should be in the application

If fraud is detected, the victim is required to report to the police station. This is not difficult to do. The main thing is that the structure of the message consists of:

“Hats” located at the top, in the right corner of the page. This section must contain information about the addressee to whom the submitter of the paper is applying, and information about the submitter of the message (full name, residential address, contact information).
Descriptions of what happened, showing all the defendants who were present at the crime.
Petition. In this section, it is advisable to state the phrase: “... I ask you to open criminal proceedings under Art. 159 of the Criminal Code of the Russian Federation “Fraud” ...”.
Conclusion. At the end of the message, the submitter of the paper must sign the transcript and indicate the date of submission of the appeal.

Application form

When filling out a letter reporting fraud, you need to keep in mind that the document can be divided into 2 components: formal and constructive.

The first is the preparation of a message form. A citizen should not have problems with this for two reasons:

The police officer on duty will always provide assistance in the correct design of the “header”, which displays the data of the message recipient.
The form of the message is no different from an ordinary appeal to government agencies and includes three parts: a “header”, a body and a signature with a date.

You will have to tinker with the constructive section - the body of the message. The problem is that the author of the message is immediately warned that he is responsible for giving false information. Therefore, a fraud report must state the facts so that the suspect does not accuse the complainant of defamation. To do this, you need to seriously think about the content of the text. Therefore, the following algorithm of actions is required:

Recall the details of the incident and outline a message plan.
The chronology of the description must be presented in accordance with the actions of criminals taking part in illegal activities.
List the persons involved on a separate page. At the same time, information about them should be recorded only when they can be confirmed by documents. In other situations, you need to write, for example, “F.I.O. the words".
Display the sequence of creating a situation that ensures clarification of what happened.
Separately, compile a list of witnesses who can confirm what happened.
List the valuables that the suspect misappropriated by deception, providing details about the valuables (details, paper numbers that can confirm their ownership to the victim).
Show other details.

If the victim manages to sketch out a clear plan for the future message, then he will logically and consistently present:

How did the crime begin, and who can testify to it?
What was taken by deception.
How the suspects “worked” and what they did.
What is the fraud?
What are the consequences of committing a crime?

What documents to attach to the application

All materials related to the fraud must be provided with the written request. Their list depends on the open production. This can include checks that confirm a non-cash transfer, a contract that turns out to be fake, audio/video tapes that prove fraud, and much more.

You must also provide evidence of the offender’s guilt:

Photocopies of his documents.
Payment receipts.
Phone numbers.
Copies of printouts of telephone conversations, SMS, emails.
Information about witnesses of fraud (full name, addresses, contacts).

If the applicant's interests are represented by a trustee, a notarized document confirming his rights is required.

Note: If the applicant tries to “annoy” any citizen by providing false information, then he may be subject to criminal punishment under Art. 306 of the Criminal Code of the Russian Federation, which regulates:

Fine up to 120,000 rubles. or payment of the convicted person’s annual income.
Correctional labor or restriction of freedom for up to 2 years.
If the informer fabricates evidence, he can be fined up to 300,000 rubles. and imprisonment can be up to 6 years.

Sample statement regarding fraud

To the prosecutor of the Ivanovo district of Kaliningrad, senior adviser of justice K.A. Mukonin.

(either: to the Ivanovsky District Court of Kaliningrad, or to the Russian Ministry of Internal Affairs for Kaliningrad).

Serebryakov P.R., living at the address: Kaliningrad, st. Mira, 3, apt. 3 tel. 8929020202

(if the author is a representative, then his data is written, the basis for representing interests is the power of attorney, its date and details, as well as the person in whose interests the representative acts)

COMPLAINT

to the prosecutor's office (to the court, to the Ministry of Internal Affairs) regarding the inaction of the police

I ask you to check the actions of police officers of department No. 1 of the Ivanovo district of Kaliningrad, who are interfering with the protection of my rights as an injured person.

You need to briefly outline the essence of the events in connection with which you submitted an application to the department:

So, on December 1, 2016, I contacted the duty department of the OP No. 1 of the Ivanovo district of Kaliningrad with a statement to bring citizen Shmanko R.O. to criminal liability. under Article 159 of the Criminal Code of the Russian Federation for fraud. So, Shmanko R.O. by deception and abuse of my trust, he stole gold items worth more than 200,000 rubles from me.

I provided the police with the necessary documents (contracts, invoices, invoices, receipts, etc.), on the basis of which Shmanko R.O., giving his actions the appearance of legality, took jewelry for sale, with which he subsequently disappeared.

Then you can indicate the details (name, position) of the police officer who conducted the inspection:

The verification of the circumstances set out in my application was carried out by the local police commissioner Kvasov A.P., whose inaction led to irreversible consequences - Shmanko R.O. managed to dispose of my property by selling it to unknown persons. According to my application by Kvasov A.P. a decision was made to refuse to initiate a criminal case due to the lack of corpus delicti.

We suggest you read: Can debt collectors call the debtor’s relatives?

Indicate why you consider the decision illegal, highlight what specifically was not done.

I consider this resolution illegal for the following reasons:

The seller P.L. Kireeva, who works for individual entrepreneur R.O. Shmanko, was not interviewed. and directly involved in the alleged jewelry transactions.
The documentation I provided was not examined.
No measures were taken to establish the whereabouts of R.O. Shmanko; he has not yet been interviewed.
A legal assessment of the actions of R.O. Shmanko was not given: the district police officer incorrectly concluded that there was no corpus delicti.

What are the deadlines for reviewing a complaint?

Many people are interested in the question of how long it takes to file a complaint with the Department of Economic Crimes. It all depends on the type of offense for which the proceedings are being conducted. Let's tell you more about this.

Violation	Description
Administrative	After filing an application, responsible employees are obliged to initiate a case to identify and verify the facts set out in the complaint (Article 28.7 of the Code of Administrative Offenses of the Russian Federation).

After this, no later than one day, the applicant is sent a determination to initiate a case, or the document is handed over personally against signature.

The official is obliged to conduct an inspection of the administrative case within one month. In exceptional cases, the period may be extended, but not more than six months.

protocol on bringing to responsibility;
resolution to terminate an administrative offense.

Criminal The OEBiPK employee is obliged to conduct an inspection as soon as possible. A minimum of three days is given to establish the facts. In special situations, the verification can be extended to 30 days.

receives explanations from the applicant, witnesses, offender (if identified);
examines the available evidence.

to initiate a criminal case;

to transfer the case according to jurisdiction;

about refusal to initiate.

OEBiPK (OBEP) is a structural unit of the Ministry of Internal Affairs of the Russian Federation, investigating economic crimes. Cases involving such violations are quite complex, since fraudsters try to do everything possible so that their deception scheme is not discovered, and the fraudsters themselves are not detained.

Practical recommendations for inspection

Actions during OBEP inspections must fully comply with the norms of current legislation. As a rule, an OBEP inspection is difficult to predict, but you can prepare for it. What needs to be done so that the OBEP check does not come as a complete surprise to you?

Get your papers in order. Do not store “unnecessary information”. The organization should store only those documents that relate to its activities. If there are warehouses, then foreign goods are a potential source of trouble during inspection by employees of economic security departments.

Organizations with retail trade must closely monitor the cash register and the issuance of checks, etc. Information not related to the company’s activities should not be stored either on the organization’s servers or computers. A minimum of unnecessary things means a minimum of questions when conducting an OBEP inspection.

Enterprise employees should know their rights in the event of OBEP inspections. When conducting an OBEP check, employees of the organization must communicate with the police superficially.

It is necessary that in case of inspections, a person is present in the company who has the opportunity to give the necessary explanations regarding the economic activities of the organization. The competence of the person present during the inspection is a strong argument in your favor.

And remember the golden rule - no one is obliged to testify against themselves or their immediate relatives; this right is enshrined in Article 51 of the Constitution.

Ask the inspection staff to present documents. Record information about the reviewers.

It is advisable to clarify by telephone the authority of the persons who came to conduct the inspection on behalf of the Department of Economic Crimes. The telephone numbers of local economic security units should be at hand. Then, the organization's employees should immediately notify the company's management.

When conducting an inspection, behave as politely and correctly as possible. You should not confront the police when conducting an inspection. Quite often, OBEP employees behave rudely. Do not succumb to emotional provocation; as a rule, this is one of the ways to emotionally influence those being tested.

Provide all requested documentation, open safes, premises, etc. Make sure that all seized documentation, etc.

Additional questions

What are the chances of getting your money back?

In practice, it is very difficult to return money lost due to the actions of scammers. It's connected with:

Difficulties in finding scammers whose addresses and telephone numbers are registered to other people.
Withdrawal of stolen money through bank accounts, electronic money, purchase of goods and payment for services.
The interregional nature of the activities of fraudsters, which requires the involvement of employees of other police departments and investigative agencies in the investigation.

In addition, many fraud schemes rely on specialized knowledge that police officers do not possess. Experts must be brought in to investigate such crimes.

Where else can you apply?

In addition to filing a complaint with the Department of Economic Crimes, you can report fraud to the prosecutor's office. The decisions of the OEBiPK are also appealed there.

In addition, it makes sense to file a claim in civil court. The claim must demand the return of money stolen by fraud.

According to Article 44 of the Code of Criminal Procedure of the Russian Federation, you can appeal in court the decisions of the police and the prosecutor's office in a fraud case.

How to submit an application to the Department of Economic Crimes via the Internet

On the official websites of the departments of the Ministry of Internal Affairs there are online receptions through which you can submit an application electronically.

Complaint to OBEP anonymously

The main legal requirement for complaints and other requests from citizens is the need to sign their statements. Anonymous requests will not be considered.

KUSP

KUSP is a crime reporting book. Based on applications received from citizens, records of illegal acts are kept. The inspection of the KUSP by the OBEP detective is carried out on the basis of a previously conducted investigation. If the company has received a letter in which this abbreviation is indicated, then, in addition to 4 letters, the letter must contain the grounds on which the company is asked to provide various data. This check is pre-investigative and is carried out on the basis of Art. 144-145 Code of Criminal Procedure of the Russian Federation. The test results are recorded in this journal. Consequently, there is no test as such that bears this name, but the abbreviation has become widespread.