Russian IT companies, Web3 projects and fintech services now face frequent visits from OBEP operatives conducting pre-investigative checks or searches under criminal cases. The article details the legal distinction between operational-search measures and formal searches, emphasizing article 164.1 of the UPK RF that prohibits seizure of physical servers in economic crime investigations.
When operatives arrive under the Federal Law on Operational-Search Activity and МВД Instruction No. 199, they must prioritize voluntary copying of data rather than hardware removal. Once a criminal case is opened, article 164.1 UPK RF requires investigators to engage a specialist and create forensic images on media supplied by the company, leaving servers in place unless a court order or specific exceptions apply.
Encryption keys and constitutional protections
Staff may lawfully state that passwords have been forgotten due to stress or that keys are not stored in plaintext. Article 51 of the RF Constitution protects individuals from self-incrimination, rendering coercive demands for credentials legally questionable. Aggressive remote wiping during a search, however, risks charges under article 272 UK RF or article 294 UK RF.
Companies that formally implement a commercial secret regime under Federal Law No. 98 gain additional safeguards. Leaks of protected source code can trigger article 183 UK RF liability for investigators, while the regime supports motions for closed judicial proceedings under article 241 UPK RF.
Immediate actions during a raid
- Record all operative names, ranks and warrant details.
- Instruct employees to invoke article 51 RF Constitution and request counsel before any explanations.
- Demand data mirroring on company-supplied media and note refusals in the protocol.
- Summon specialized criminal defense counsel immediately.
These measures help preserve business continuity and create a record for later challenges under article 125 UPK RF.
