11:47 If you came to check | |
| Originally necessary to clarify the purpose of the visit and powers of officers to perform certain actions. These powers can be expressed in various documents (decision of the chief investigative body, court investigator, the investigator), depending on how the law regulates their activities (investigation verification within the article. 144, 145 of the Criminal Procedure Code or the activities of the Law "On militia" , "On the OSA"). Make sure that before you actually officers, which is authorized to inspect the legality of the software. To do this, check the service certificates come and be sure to overwrite all data from your documents. Those examiners who refused to show ID Do not allow to test. Refine grounds for review. Policemen can come only for the purpose of investigation verification. Do not allow the inspection to use soft-scanner (special software that allows to determine whether those or other programs) . He is not certified in Russia, and its use is illegal. Let checked visually. refuses to report on BIOS passwords on the pretext of his forgetfulness. does not present documents confirming the legality of the use of software, but to say they have . The police have the right to demand any information only upon written request, which you consider as prescribed by law. Be sure to include in the act of checking for violations, which were allowed inspectors (and do not forget to leave a copy of the act with objections! ). Remember that the offense under the Criminal Code provides only a deliberate form of guilt. This means that you must know in advance that you are using counterfeit software, and you consciously wanted to or tolerated the possibility of damage to property owners. Therefore, all questions are answered, that all software is discovered during the inspection, you feel absolutely legal, because they bought at the store. You do not need to know what supporting documents are needed for a software product. If necessary, during the check the police officer is entitled to receive an explanation, because in the Code of Criminal Procedure are no taboos in the matter. The procedure for this event as a whole is pretty standard. A particular is only that, from whom we obtain and explain that this particular investigation. Accordingly, explanations will be invited to employees firm and the manager. Usually polls conducted immediately after or during the inspection in order to surprise and eliminate the possibility of training to give an explanation. At the same time the respondent (head of the organization or the employee, not a sophisticated legal niceties) is entitled to take advantage of the art. 51 Constitution and not to incriminate himself and to indicate readiness to give explanations at a later date. Of course, we need to understand that these actions of the employees did not cause approval from the police, but still breaking the law in this situation by the Respondent does not be. Later, you can resort to professional legal advice. Therefore, insistence on verifying employees of the company must answer: "I do not know," I am not authorized, "" It's not my competence, "" That's not my job " etc. If, however, and the director was not sure what to say, not to hurt yourself and the company, then it is better to keep quiet. The only thing that should be reported to law enforcement officials at their request - your name and address to ensure the auditors had no reason to take you to the department for identification. To negotiate with the auditors should only be a director or a lawyer. Employees of the company shall in no case should help to check: an approach to the desktop, include computer, download the program. Let reviewer makes it his own, in violation of applicable law. It is desirable that employees at the time of inspection remains in office as little as possible. But the staff of your neighborhood offices, the merely curious - there was as much as possible . If the inspectors would prevent gross violations during his visit: to threaten to use physical force, break open lockers, personal belongings eviscerate employees, you will have a real opportunity to find reliable witnesses who subsequently able to confirm the facts of violations of the court. Warn verifying that their illegal actions will necessarily be made public and challenged in court. Numbers of anti-corruption and governance of internal security MVD should always be at hand. In no event should not argue with police officers, and even more - insult them. Why give them a legitimate reason for detaining If the police seized the system unit, which is allegedly unlicensed software should be drawn up a protocol, which should contain the following facts: official effecting seizures, time and place seizures, the presence of witnesses, participants explained their rights and responsibilities, what technical means of detection, fixation is used and by whom; consistently describes the steps the person conducting the inspection, specialists found objects, their appearance and condition at the time of the inspection, the deleted object and its individual identifying features (series, model number). seized item must be packed so that access to the information contained in the system unit of information was impossible without damaging the protective seals, tags, seals (signature of witnesses), the record shall be made in the protocol. In the same way should be executed seizure of relevant documents. It shall be signed by all parties to inspection after reading his text, while they should be allowed to exercise their right to make comments or additions to the protocol. representative of commercial organization and other employees should not impede the police in carrying out their legitimate activities. However, the need to monitor each event and if possible to fix any possible way the actions of violating the rights and legitimate interests of the economic entity and to cause subsequently irreparable economic damage and deterioration of goodwill . After the inspection, removal of objects, documents representative of a commercial organization should be issued indicating the seizure of items (copy of the inspection, seizure, references, etc.). To summarize, we can conclude the following: for adoption decision to institute criminal proceedings investigator, inquiry body, investigator or prosecutor should have the answers and documentation to confirm the following issues: whose rights have been violated and what, which confirms the membership of the exclusive right to program a computer (copies of contracts (licenses), other documents, the confirmation of the organizations representing the owners) in which one form of the infringement occurred (use the right or playback) what is the damage from the breach than justified by the large size, from which he develops (as calculated). Only if the answers to these questions the decision to initiate a case to be lawful and justified. UPD: If someone is a friend of a lawyer who is not sorry to take time to creating a literate and clear instruction, then a very large request to write in PM. | |
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