Entrepreneurship and crime.
PREFACE.
With the development of market relations and the formation of commercial structures, millions of citizens discover entrepreneurship as a way of life. With the first successes and failures in business, sooner or later comes the understanding of the need to protect their rights and interests. The situation is such that many entrepreneurial structures need guarantees that to a certain extent ensure normal conditions for their existence and development. To do this, first of all, it is important to understand that a unique situation is developing in Russia that has no analogues in world practice. The main paradox is that the development of market relations is carried out with insufficient prerequisites for their normal functioning, lack of experience, and often in conditions of direct opposition to them. Therefore, the usual experience of protecting entrepreneurship in civilized conditions is of little use to us. In addition, the development of new relations is hampered by the growing criminalization of our society. According to the Ministry of Internal Affairs of Russia, over 2 million crimes were registered in the Federation in 1991. This is twice as many as at the beginning of perestroika. In this regard, the authors have attempted to substantiate the need to ensure entrepreneurial activity and, most importantly, to determine the purpose and content of the relevant protective measures.
1. Where to expect the blow.
It should be noted that the growth of criminalization of society is underestimated by the majority. In fact, the likelihood of becoming a victim of the criminal world has increased by at least 1.5 — 2 times, and for individuals engaged in entrepreneurial activity, being in a criminogenic, or at least pre-criminogenic situation is becoming commonplace.
The factors of criminalization that influence entrepreneurship are the growth of crime, including organized crime, the development of criminogenic phenomena and processes, as well as the low efficiency of combating them.
The most widespread crimes are robberies, thefts, robberies, fraud, extortion, bribery, abuse of office, abuse of power, official forgery, etc. All of them are characterized by a selfish focus. Crimes against the person are also widespread, as a rule, they are committed when solving property problems.
Crime is largely associated with the characteristics of property-territorial complexes. Economic crime (primarily theft, as well as business crimes) in this sense is often an indicator of the imperfection of the economic mechanism, shortcomings in the production, movement and accounting of material assets. Today, the increased interest of criminal businessmen is caused by the production of consumer goods, food products, and raw materials for them. However, equipment, vehicles, raw materials and materials are increasingly becoming objects of criminal activity. Economic smuggling, which boils down to the illegal export of raw materials, is typical. Situations are also typical when material assets addressed to an enterprise, through a series of machinations involving its employees, end up in commercial structures. Thus, in addition to traditional territorial differences in crime, it is characterized by features associated with the breakdown of old and the creation of new economic mechanisms, the implementation of denationalization and privatization programs.The protection of business security cannot be built without possible illegal competition and presupposes awareness of promising and actual points of application of criminal capital. In our opinion, such «points» are the agro-industrial complex of the trade sphere, with the privatization of which we should expect the penetration of various forms of control and the influence of the criminal sphere. The task of protecting farming is relevant. Practice shows the active penetration of criminal business into transport, into household and public utilities and, of course, into the leisure and recreation sphere (gambling business, drugs and tavern-keeping, illegal trade, sex industry). Today, entrepreneurship suffers from the breakdown of contractual relations that has become widespread in almost all industries. Around most production structures, zones of criminal activity are forming that counteract legal competition by intercepting scarce raw materials, goods, products, bribery, etc.In this regard, it is important for entrepreneurs, firstly, to have information that allows them to avoid dangerous situations. Criminologists should help them prevent conflict and crisis situations. In any case, it is recommended not to act blindly, to have the opportunity for appropriate probing and verification of information, to be prepared for fairly tough counteraction from unscrupulous competitors.
Secondly, it is necessary to avoid vicious behavior, as a result of which one can become a victim of a crime, in other words, provoke the commission of criminal acts. This is facilitated, in particular, by imprudence, carelessness, unjustified risk or the creation of conditions that facilitate the commission of a crime. These can be:
- illegal transactions, the execution of which often deprives one of the opportunity to seek legal protection;
- failure to take measures to protect property, protect transactions in cash settlements, as well as the storage and transportation of funds;
- a frivolous attitude to ensuring the regime of commercial information;
- indiscriminate selection of personnel, especially employees who have access to material assets or to commercial activities. Victim behavior is often associated with «traditional» human «weaknesses» (wine, women, gambling).
It should be borne in mind that such situations are often created intentionally, so it is important to assess them in time from the point of view of the likelihood of negative consequences.
We should not forget that we are experiencing active penetration of the criminal world into various types of entrepreneurial activity — production and sales of products, investment, commerce. It is especially typical to impose mediation, to stand between the producer and the consumer.
Entrepreneurship is vulnerable to professionally criminal suppliers, buyers, intermediaries, various service structures and, as practice shows, even from its own security services. The deeply rooted habit of «having what we protect» is already making itself felt in entrepreneurial structures: some «businessmen» exploit them according to the laws of personal monopoly. In the conditions of the formation of our entrepreneurship, this, unfortunately, is not always obvious and recognizable in time. It is generally accepted that economic independence will eliminate theft, embezzlement, etc. And this is partly true. But at the same time, negative processes and phenomena still make themselves felt. Such as a decrease in the reliability of personnel and difficulties in their high-quality selection; legal illiteracy in the conditions of the complication of the problem of legal security; the practice of spreading shadow systems of accounting and distribution of monetary and material resources (black accounting, second cash register, illegal accounts, fictitious transactions, front men, false structures, etc.).
The most dangerous threat to entrepreneurship is organized crime.
Firstly, because the situation has already been largely missed and has penetrated many spheres of life — from control over ordinary crime to infiltration into the echelons of power. Organized crime does not tolerate competition, therefore it is not interested in the normal development of market relations. It strives for a monopoly position in any sphere of profit-making and, where necessary, relies on uncivilized but effective measures to suppress competitors. Secondly, organized crime expands the usual ideas about risk zones and groups. First of all, these are structures that manage and control property and make a profit. The high-risk group includes persons responsible for making management decisions, managing material assets, and having powers of authority. Today, this group is expanding due to managers and other responsible employees of enterprises and organizations that have received economic and business independence, the emerging layer of private entrepreneurs, private owners, and citizens engaged in individual labor activity. Thirdly, organized crime has special penetrating abilities. In their desire for uncontrolled profit-making, members of organized groups use various measures that are often more effective than the corresponding protective and security resources available to state and business structures. The pressure created by members of criminal groups often forces people to agree to their terms of profit redistribution, to perform property-related actions that are beneficial to them, etc. Thus, organized crime displaces entrepreneurship or parasitizes on it. The latter often takes the form of regular deductions (buyouts) in favor of certain criminal groups.
In quarters, it is much more difficult to fight organized crime than ordinary crime. It should be recognized that today this fight is ineffective. Due to the circumstances that will be discussed below, ordinary measures of protection against crime are not only insufficient here, but can also be dangerous.
From our point of view, it is necessary to briefly highlight some features of organized crime.
First.Organized crime differs from ordinary crime by the nature of criminal activity, the intensity of crimes committed. Crime becomes a way of life with corresponding attitudes and orientations, its own «philosophy».
Second. In order to create conditions that guarantee the systematic commission of crimes, persons who commit them together unite into a community that is built on the principles of organization. Practice shows that fairly rigid structures are preferred here. Organization is not only the distribution of people and cooperation, it is also a more or less complex structure and hierarchy in which everyone knows their place, the order of relationships with other members. It has certain rules of conduct, strict discipline, and considerable funds are allocated to maintain the organization.
In organized crime we have a special form of committing crimes. The process of initial accumulation of capital in crime has ended. Large values have been concentrated in the hands of various types of criminal businessmen. This has allowed them to create structures that, on the one hand, ensure the receipt of constant profits, and on the other — guarantee security, protect from exposure. This form of committing crimes was found in a criminal organization.
The mechanism for extracting profit by criminal groups can be presented in two main variants:
- Organization of «own» production, directly providing income from the commission of crimes (theft, engaging in prohibited types of entrepreneurial activity);
- So-called forced patronage, that is, participation in the distribution of part of the profit received both in the criminal environment and by law-abiding citizens.
Organized crime uses combinations of three factors to solve its problems:
financial and material, force and power pressure. Large amounts of money are accumulated in criminal structures, a significant part of which is used to create favorable conditions for committing crimes, bribing the right people, providing security measures, insurance, etc. It is the development of organized crime that has created unprecedented pressure on official structures, some representatives of which are already «giving in» under such pressure. It is known when the amounts of bribes exceed hundreds of thousands and millions of rubles, which are used to commit not only one-time actions, but also to create long-term positions for participants in organized crime.
The financial power of organized crime grows with the expansion of its field of activity for profit-making. Moreover, illegal business merges with legal business, investing funds obtained by criminal means in our economy. At the same time, funds are also used for political support of economic interests — shaping public opinion, creating an image for certain structures, functionaries, establishing contacts with the press, forming lobby groups, pushing through favorable decisions, bills, programs.
The forceful pressure of organized crime manifests itself in various forms of violence. Its participants are inclined to aggression and, in favorable cases, prefer to rely on force as a quick and effective means of solving problems, and do not shy away from open resistance, including to law enforcement agencies.
Some groups specialize in the use of violence, commit robberies, assaults, and banditry. The widespread use of violence is associated with such a type of organized crime as racketeering. In terms of the intensity of violence, this is one of the most aggressive types of organized crime, where behind seemingly peaceful visits and negotiations lies a willingness to act deliberately cruelly in order to intimidate. Apparently, there are special scenarios whose task is to paralyze resistance with fear.
The practice contains many open threats of violence, destruction of property, organization of provocations, kidnappings, damage and blocking of vehicles and premises, means of communication in law enforcement agencies, actions of theft and destruction of documents, criminal cases, attacks with the purpose of seizing weapons, intimidation and kidnapping of witnesses and victims, armed attacks on citizens, organizations and law enforcement agencies, pogroms and others.
To carry out such actions, there are militant units that solve issues of security, protection from competitors, maintaining discipline, etc. Militants are, as a rule, former athletes. They have good physical training, act in teams of several people, but sometimes several dozen people. They are armed with bladed weapons (sticks, nunchaku, brass knuckles, knives, etc.), gas weapons, electroshock devices, explosive devices, firearms. Increasingly, they are armed with powerful automatic weapons, including portable weapons of foreign manufacture. The wave of violence in the criminal world has increased the demand for weapons on the black market. And this cannot but increase its influx. It is necessary to draw conclusions from the growing armament in a timely manner. It is important to determine the psychological and tactical rules of behavior in extreme situations, to know the conditions for the use of weapons, not only the technical side, but also the limits of legality. The organization of the security system must provide for the need to counter armed criminal actions.There are groups that specialize in obtaining valuables by deception. Card sharpers, «swindlers» and other swindlers carry out their schemes in such a way that it is very difficult to assume the presence of deception by external signs, and each new victim believes that he is dealing with a real opportunity to profit. But new schemes are already emerging in the criminal world, which are built on counteracting traditional criminal trades. For example, the same «swindlers», following with money in a successfully acquired car, are ambushed by machine gun fire. In principle, it is difficult to recognize situations created by participants in organized crime. To do this, it is necessary, if possible, to avoid «profitable» deals with weak security guarantees, from places where criminal elements congregate (hotels, train stations, airports, restaurants, large shopping centers).Profits from organized crime are also made through other crimes. These are absolutely prohibited types of operations, such as drugs, weapons, etc.
Unfortunately, we have to admit that our economy is not protected from the criminal world, whose influence is growing. On the other hand, the so-called «rules of the game» for entrepreneurship are not defined with the necessary clarity. The haste in preparing many regulations results in numerous problems, conflicts of rules, disorder and unsystematic legal regulation. Suffice it to say that such major processes as denationalization, privatization, conversion are carried out essentially in the absence of programs for their implementation and therefore usually «spontaneously and disorderly», which is very profitable for criminal business.
Thus, one of the conditions for the development of crime is the destruction of law and order, and if we follow this path today, then we can hardly expect that tomorrow we will learn to live according to the law. In countries with a market economy, the protection of civilized conditions for entrepreneurship is carried out by the state consistently and in principle. We are in conditions where the state ceases to be a guarantor of security protection and loses control over the management of social processes. Meanwhile, today not only the starting opportunities of participants in market relations are determined, but also the basis for normal or criminal competition. It will hardly be a big mistake to assume that one of the major investors and participants in privatization is organized crime. Therefore, if we leave aside general calls for the development of entrepreneurship and assess the real state of affairs in this area, we must admit that to a large extent we are dealing not with a market, but with an anti-market policy.The decline in the standard of living and the stratification of the population by property, as well as the accumulation of large sums of cash in the hands of citizens (due to the undermining of confidence in savings banks), will lead to a sharp increase in mercenary and violent crimes. In the current conditions, law enforcement agencies cannot cope with the growing crime and ensure sufficiently effective protection of the rights and interests of citizens.
In connection with the above, it is advisable to set out some general provisions regarding the system of measures for the security of entrepreneurship.
It is important to understand in a timely manner that changes in property relations and the formation of a new economic reality entail a significant redistribution of work on preventing criminal encroachments between the state and other subjects of economic relations. Entrepreneurial structures will have to engage in activities that were previously undertaken by state structures. They are obliged to do so by property. Therefore, leaving the guardianship of the state means not only gaining independence, but also responsibility for the organization and implementation of entrepreneurial activity, the safety of which is of particular importance in connection with the growth of crime.
The security function in entrepreneurship is practically not developed. Usually it is spoken about, having in mind physical security, at best — some areas of protection of commercial interests. Meanwhile, the issues of ensuring security have not a fragmentary, but a «cross-cutting» significance as a permanent regime of complete protection of the entrepreneurial structure. In this form — it is a security system — certain conditions and means of ensuring them for all types of activities carried out within the structure.
Understanding the need for such an organization of a security system does not come immediately. Usually, after major losses, it turns out that the adoption of protective measures in individual areas of activity will not achieve the effect and the problem of protection must be solved in a comprehensive manner. We begin to realize that in order for the size of losses to be inversely proportional to the size of turnover and income, security costs must be directly proportional to the latter. There are no other sufficient guarantees for entrepreneurship either in the law, or in official structures, or in traditions, or in the social state.
Security as a system of measures requires provision in several interrelated areas:
- protection from the criminal world (from ordinary and especially from organized crime);
- protection from violations of the law so as not to fall under sanctions themselves (especially in conditions when the well-known rule «ignorance of the law does not exempt from liability» takes on a downright Jesuitical meaning);
- protection from unfair competition; internal security (protection from illegal actions of one's employees, as practice shows, is also relevant).
These areas of activity must be implemented in various areas:
- production (safety of material assets, technologies, security of premises, vehicles, etc.);
- commercial (assessment of partners, legal protection of interests, movement of monetary and material assets, etc.);
- informational (determination of the significance of information, the order of its receipt, use, transfer, protection from theft);
- personnel support and, if necessary, in other areas.
When determining the direction and specific security measures, it is advisable to keep in mind the need for personal protection of the company's employees. It is useful to know that the introduction of participants in organized crime into business structures is carried out by various methods. For example, the use of «in the dark» in actions, the latter are then exposed as illegal. Drawing into illegal activities by persuading illegal transactions and operations, by involving close relatives in criminal activities with subsequent blackmail on this basis is used; the introduction of front men under the guise of specialists, consultants, security guards. Penetration into commercial structures is carried out with the help of gambling, prostitution, collection of compromising materials, including with the use of law enforcement agencies.Security protection is a specific type of activity. It is of a supporting nature and is secondary for the entrepreneur, but requires a certain specialization and training, which is necessary to counteract qualified attacks. The most optimal solution, as experience shows, is to create a security service in the entrepreneurial structure (a division or, if this is not possible, to define the position of a security officer). These issues and individual areas of security protection activity will be considered in more detail in the following sections.
2. Crisis situation: ways out.
The «third wave» of reviving entrepreneurship in Russia is subject to numerous dangers. The reforms that have begun in the economy, the process of legal consolidation of democratic reforms have significantly changed the transformation of affairs. The likelihood of violent, at the state level, liquidation of new types of economic activity based on multiple forms of ownership has decreased.
At the same time, it would be unwise to turn a blind eye to the threat from the other side. Today, the problem of ensuring business security from criminal attacks has become urgent. It is becoming increasingly tangible and visible. In the near future, the situation will worsen, and crime will increase significantly. Our forecast is based on reliable facts that cannot be ignored.
Fact one:growing crime. Here are just the data for Moscow and the Moscow region. There are 5,277 facilities registered with the Moscow region's internal affairs departments where firearms are used and stored. 45,947 units of combat, sporting and hunting weapons are registered in organizations and institutions. There are 16,152 units of firearms in personal use by citizens.
Attacks on facilities where weapons are stored are happening more and more often. Weapons are being stolen from military units, — according to the «Red Star», in 1991 about 15 thousand firearms were stolen from army units and institutions — they are made by «folk craftsmen» and brought to Russia from the republics of the former USSR. Prices for weapons on the black market are relatively inexpensive. Therefore, the market has not yet experienced a shortage of weapons.
Fact two: an amnesty is being prepared by the Russian government for persons held in places of deprivation of liberty. As a result, up to 13% will be released at a time and another 87% will be released before the expiration of the sentence imposed by the court, due to the reduction of the unserved part of it.
Fact three:liberalization of prices, structural reorganization of the economy, liquidation of unprofitable enterprises, reduction of the Armed Forces have already led and will lead in the future to the release of millions of healthy men, which will lead to further stratification of society. All of them will rush to search for means of subsistence. The point of application of forces for some of them will be illegal activity.
From this it follows with inexorable inevitability that we can expect a serious surge in crime. This was the case in the USA during the Great Depression (1929-1933), in a number of European countries and in Japan after World War II. (Kuranty, 1992, February 1).
The degree to which people can become involved in a criminal environment can be indicated by the theory of «10-10-80», developed by Dick Germette from the company «Proym Computer Incorporated». Its essence is as follows:
- 10% of people never steal, because it is incompatible with their morals;
- 10% of people steal at every opportunity, under any circumstances;
- 80% of people are usually honest, except when tempted to steal.
This theory is also true in the conditions of our society, because the laws are psychologically universal. But — with one amendment. It lies in the widespread prevalence of the «hungry eyes» syndrome among our citizens. Its essence is that the totalitarian regime, which for decades sought to control everything and regulate the lives of its citizens down to the smallest detail, to establish a ban on the slightest attempts to demonstrate independence, ultimately proved incapable of eliminating the long-term and chronic shortage of the smallest goods and services. Soviet people acquired hypertrophied grasping instincts. Until store shelves are filled, until there is an incentive for intense productive work, until professional activity is fairly paid, the «hungry eyes» syndrome will push thousands, tens of thousands of people to illegal actions to satisfy their needs.Without frightening entrepreneurs, the management apparatus of firms and enterprises with the conclusions, I would like to emphasize only one thing. It is necessary to be prepared for crisis situations that arise when the interests of business and the criminal world collide.
Crisis situation.
A crisis situation is, first of all, a threat and vulnerability factor. A threat may come from a person or group of people who are able to take advantage of a vulnerability. Vulnerability is the possibility of losses. When both of these factors are insignificant, the risk is also small. When the threat and vulnerability are real, there is a need to take protective measures.
Life's realities indicate that such crisis situations in the sphere of confrontation between business and the criminal world include:
- threat of explosion or arson of an office, warehouse, home, garage, car, etc.;
- blackmail and stalking; extortion; hostage-taking; kidnapping.
Blackmail — the threat of disclosure of information that discredits honor and dignity.
Persecution — the use of psychological pressure, expressed in insults, threats of murder, causing serious bodily harm, reprisals, destruction of property and housing, abuse of minors, the elderly, helpless relatives or close people.
Taking of hostages — kidnapping of people (a person), combined with the threat of murder, causing serious bodily harm or further detention until certain demands are met.
Kidnapping of a person — secret, violent, against the will of the individual, moving a person from his usual habitat to a place where his rights and freedom are illegally significantly limited.
Naturally, all of the above actions are carried out with the sole purpose of illegally obtaining material, financial and other benefits, forcing a legal entity or an individual, a group of persons to perform or refrain from performing any action.
Signs of a crisis situation of a criminal nature.
In any of the above cases, a sign of a crisis situation of a criminal nature is the commission of the specified actions, attempts or threats (warnings) to commit them.
Experience shows that sometimes a crisis situation arises suddenly. Here is what the president of the private commercial company «Hermes» L.K. says: «One day, having shown the security a police ID, a man came in. He took out a gun and demanded that I write out a check for a large sum. I promised to secretly transfer the money to any bank account. It turned out that the specified account was that of a cancelled cooperative. They did not transfer the money. This robber never showed up again.» («Kuranty» from December 24, 1991).
Illegal actions against businessmen can often be committed not by their organizers, but by mercenaries, especially when it comes to kidnapping, hostage-taking, kidnapping, hostage-taking, murder, arson, and explosions.
Warnings (threats) about specific actions are often made anonymously, by telephone, by mail, through front men who were previously dismissed from the company for negative reasons, with the aim of taking revenge on its managers, disrupting its activities, which were of a bluff nature.
In this regard, actions or a set of actions aimed at causing losses to the company, reprisals against its managers, their persecution and blackmail, it is advisable to analyze and evaluate from the point of view of their real threat. First of all, this applies to those cases when specific actions have not yet followed, but a warning has been received about their commission with the simultaneous presentation of material claims.
Assessment of the crisis situation.
Analysis of the emerging crisis situation of a criminal nature can be carried out according to the following approximate scheme:
- What happened and did it really happen?
- What specifically was the threat to the company, its managers, employees?
- Is the threat real, and what is the probability of the threat being carried out?
- What, approximately, might be the actions of the criminals, against whom or what are they directed?
- Who could have made the threat and committed specific actions?
Of course, this is a general scheme designed for a crisis situation in general. A crisis situation that has arisen suddenly requires an immediate reaction and actions adequate to the situation, as was the case in the example with «Hermes». At the same time, you should remember that when an armed criminal acts against you, your behavior should not provoke him to extreme steps, in this case, the use of firearms. Agree to his terms, try to bargain, citing difficulties with cash, the absence of a cashier on site, etc. Buy time if you are sure that your colleagues will help you, but do not irritate the criminal and feel the limit beyond which the game must be ended.
When assessing and analyzing a crisis situation, it is very important to quickly determine whether the company is able to cope with the situation on its own or whether it is necessary to involve law enforcement officers to resolve it. This question seems very important. It is no secret that many company managers, especially private ones, do not trust the police and prosecutors, security services, etc. Moreover, their mistrust is often well founded. Nevertheless, some «hotheads» should be warned that amateur activity can lead to extremely negative results, for which not only managers will have to pay, but, most importantly, the lives of employees involved in ensuring security. Seeking help from state law enforcement agencies should become the rule, not the exception, in order to avoid negative consequences.
Crisis group.
Any respectable firm, company, caring about its reputation, must be ready daily, hourly to resist the actions of criminal elements, to get out of a crisis situation with the least losses for itself. Ensuring external security should be an integral part of the work of management personnel. Moreover, this activity should be included in the functions of key figures of the company: its director, heads of branches and services, lawyer, chief accountant, head of the security department, etc.The circle of such persons is determined taking into account the direction of the company's activities, the presence or absence of branches, the geography of the location of office, production, warehouse, transport facilities and services. From among them, by decision of the management, a permanent crisis group can be created, with the obligatory involvement of the following in its permanent members:
- head of the company;
- lawyer;
- financier;
- head of the security service.
The management of the crisis group may be assigned to the head of the company. The listed persons, as a rule, by virtue of their position, possessing special knowledge, experience, have the ability to effectively influence the circumstances in which a crisis situation arises or occurs, without losing the levers of influence on everyday commercial and production activities.
In each specific case, the crisis group may also include other specialists and, if necessary, trusted law enforcement officials.
The crisis group is responsible for:
- assessing the current situation; taking urgent security measures;
- taking measures to resolve the specific situation;
- managing the company's activities in extreme conditions.
The purpose of creating a crisis group is to neutralize and eliminate the threat to the external security of the company. Working meetings of the crisis group should be held in conditions of maximum confidentiality. This should be done in connection with the need to reduce:
- the negative impact of an extreme situation on employees and workers;
- its negative impact on the business activity of the company.
It is also necessary to take into account the fact that the threat to the external security of the company, its managers and employees could have arisen not without the participation and assistance of some employees of the company, both employed and dismissed.
Tasks and functions of the members of the crisis group.
The main tasks and functions of the crisis group members are:
- ensuring the personal safety of the company's employees, and, if necessary, their family members and close relatives;
- countering criminal attacks, preventing moral, resource and financial losses.
In fulfillment of these tasks, the head of the company or the person replacing him:
- forms the composition of the crisis group;
- reports on the current situation personally or involves for this purpose an employee who has become aware of a threat to the company;
- participates in the analysis and assessment of the crisis situation;
- resolves issues that arise during the discussion of the crisis situation;
- if necessary, involves other specialists in its work, gives consent to the participation of a law enforcement representative in the group;
- makes a decision on the implementation of the company's crisis plan.
Lawyer:
- takes part in the crisis group meeting;
- makes a legal assessment of the developing specific crisis situation;
- recommends ways of legally resolving the situation that has arisen;
- if necessary, takes measures to preserve or evacuate the legal documents of the company (contracts, materials, claims, etc.);
- carries out other instructions of the head of the company to resolve the crisis situation.
Financier:
- takes part in the crisis group meeting;
- assesses the financial side of the problem that has arisen from the point of view of possible losses, the possibility of satisfying criminal claims on material and financial resources;
- gives recommendations on the most optimal possible financial costs necessary for the implementation of urgent security measures;
- if necessary, takes measures to preserve or evacuate the company's main financial documents;
- as necessary, forms a fund of duplicates of key financial documents.
Head of Security:
- participates in the crisis group meeting;
- if necessary, independently ensures the strengthening of security measures;
- ensures the participation in the work of the crisis group of all its permanent members and invited specialists, as well as representatives of law enforcement agencies (as decided by the company's management);
- takes measures to ensure the secrecy of the crisis group meeting;
- maintains contact with law enforcement agencies in whose territory the company is located;
- if necessary, ensures the evacuation and protection of the company's employees, removed material assets, financial resources, and documentation; prevents panic among the company's personnel;
- makes proposals for improving and optimizing security measures in a specific crisis situation;
- carries out other assignments of crisis group members that arise in a real crisis situation;
- is personally responsible for the implementation of security measures provided for by the company's crisis plan;
- systematically conducts training for security service employees to practice the skills of carrying out security measures, including in extreme conditions.
The listed responsibilities of each member of the crisis group are approximate and can be specified in relation to the activities of each specific company.
The functional responsibilities of the members of crisis groups of the company's branches and departments are worked out on the same basis, taking into account the existing staffing schedule and other possibilities. When developing them, it should be remembered that the heads of branches and departments located within the same locality where the headquarters is located may be assigned the responsibilities for receiving and placing evacuated employees, removed material assets, financial resources, and documentation. They should also be assigned the functions of assisting headquarters employees in re-evacuation.
Crisis plan of the company.
The experience of Western companies, their security services, and commercial security structures shows that they pay the closest attention to planning the actions of managers and employees in extreme conditions of a real threat to external security. According to experts and specialists in the field of security, planning helps to achieve a number of positive aspects.
Firstly, with planned, organized actions of personnel in a crisis situation, it is possible to avoid disorganization of the company's activities, panic among employees and workers, and a decrease in their business activity.
Secondly, the more carefully the actions are planned, the lower the costs of evacuation and strengthening of security measures.
Thirdly, it is possible to significantly reduce losses from criminal attacks, or even avoid them altogether, if the security personnel and employees of the company have been properly prepared for actions in extreme conditions.
As a rule, many companies have standard plans for management and personnel, previously developed by experts and specialists. There are several types, depending on the situation:
- action plan in case of threat of arson or explosion;
- action plan in case of hostage taking or kidnapping of a company employee;
- action plan in case of extortion to which a company or its managers and employees are subjected, etc.
With all the diversity of situations, types of plans, methods of their preparation, there are some planning patterns. First of all, they contribute to understanding the need to solve general problems, without which specific problems cannot be solved.
Any standard plan must have three mandatory sections.
The first section contains general provisions:
- the composition of the crisis group is listed;
- the functional responsibilities of its members are defined;
- the interchangeability of members of the crisis group in the event of their absence, the notification procedure and the meeting place of the group are established;
- the rules for involving company specialists and representatives of law enforcement agencies in the work of the crisis group are described;
- a list of documentation, material assets, and other resources subject to enhanced protection or immediate evacuation in the event of a threat of explosion or fire, as well as points for receiving evacuated employees and removed assets is provided.
The second section provides an introduction containing a description of a typical crisis situation. Its description is usually given on the basis of existing cases of clashes between entrepreneurs and the criminal world.
In the third section an algorithm of actions is given for the company's management, other officials, as well as employees and workers involved in the implementation of individual activities of the plan.
The third section can be divided into several subsections.
The first lists urgent, priority measures to ensure security: posting additional and reinforcing existing security posts, especially in areas where there is a possible breach of premises or territory, urgently calling in employees who are absent from their workplaces and who are needed to implement the crisis plan, preparing valuables and documentation for evacuation, calling in additional vehicles, establishing immediate contact with law enforcement agencies, etc.
The second subsection may contain the following measures: protecting family members, close relatives, protecting communications, carrying out evacuations, etc.
One of the subsections of the crisis plan must necessarily include measures to manage commercial and production activities in extreme conditions: notification of interested parties and companies about the postponement of business meetings and contract signing dates, temporary suspension of financial settlements, changes in schedules and dates for the delivery of products and information, about changes in the address, telephone numbers, faxes, telefaxes of the headquarters, preparation of materials for a possible court decision on recognizing the crisis situation as force majeure circumstances that prevent normal activities and the fulfillment of contractual obligations, etc.When planning, it is necessary to understand that a plan is not a set of measures, but a consistent line of behavior, a strategy for the company's activities in a specific crisis situation, aimed at ensuring effective security and maintaining a high business reputation for the company.
Standard crisis plans should be closed documents, with access to a narrow circle of people. Such plans should be drawn up in no more than two or three copies. One is kept by the head of the company, another by the head of the security service, and the third is given to the person who can replace the head of the company in his absence. Preliminary familiarization with the crisis plan is allowed only for members of the crisis group. All other employees involved in its implementation may be allowed to familiarize themselves with the plan with the personal permission of the head of the company. Moreover, such familiarization is desirable for the purpose of a more solid assimilation of the task presented in the plan, but such a decision is left to the full discretion of the head.