Search: how to act competently and without unnecessary risks
A search is an investigative (search) action carried out within the framework of criminal proceedings in order to identify and record evidence. The procedure is regulated by the Criminal Procedural Code of Ukraine (hereinafter referred to as the CPC), primarily Art. 233–236.
Below is a structured algorithm of behavior for homeowners, company employees and officials.
- Legal framework and key principles
Reason: as a rule, a search is carried out on the basis of an order of the investigating judge (Article 234 of the Code of Criminal Procedure).
Exception - emergency cases (Article 233 KP
K): entry without a warrant is possible if there is a threat to life/property or persecution of a person. In this case, within 24 hours the investigator must contact the judge for authorization.
Search limits: only within the scope of the purposes and addresses specified in the resolution.
Fixation: mandatory video
writing (Article 107 CCP).
- Before the search begins: what to check
Service IDs of all participants.
Resolution of the investigating judge:
address and specific premises;
list of required items/documents;
validity period;
criminal proceedings number.
Procedural status of a person (st.
intruder/suspect/other).
⚠️ If there is no resolution and there are no obvious “urgent” grounds, record objections on video and in the protocol.
- Immediate action
Call a lawyer. You have the right to protection from the moment the search begins (Articles 20, 48 of the Code of Criminal Procedure).
Let us know that you would like to participate
shieldworm and ask to wait for his arrival (a reasonable period of waiting is allowed).
Do not physically obstruct, but clearly state procedural concerns.
Provide your own video recording (if this does not interfere with investigative actions).
- During a search: control and recording 4.1. Limits and
search item
The investigator has the right to search only for what is specified in the resolution.
If “other items” are seized, demand justification for their connection with production.
4.2. Property and equipment
When seizing electronic devices, insist:
on copying information instead of confiscating equipment (if
and perhaps);
on a detailed description (model, serial number, condition);
on the packaging and sealing with you.
Pay attention to requirements for handling digital evidence (practice 2024–2026 has increased the emphasis on data integrity).
4.3. Protocol
Read the protocol carefully
quick before signing.
Please make comments:
address/item mismatch;
property damage;
refusal to admit a lawyer;
lack of video recording;
abuse of authority.
Receive a copy of the protocol with a list of confiscated items.
- Features for business (office, warehouse, production)
Naz
establish a point person for interaction.
Do not provide access to data not related to the subject of the search (trade secrets, personal data of third parties).
When seizing servers, require on-site copying and minimization of damage to business activities.
- What to do after
search
Submit the protocol to a lawyer for analysis.
Assess the reasons for:
complaints to the investigating judge (Article 303 of the Code of Criminal Procedure);
return of temporarily seized property (Article 174 of the Code of Criminal Procedure);
declaring evidence inadmissible (in case of violations).
Record the damage (photos, reports, examination).
- Typical n
violations (in practice 2024–2026)
Going beyond the resolution (searching for “everything in general”).
Formal video recording.
Seizure of all equipment without attempting to copy.
Pressure for the purpose of voluntary surrender beyond the subject of the search.
Refusal to admit a lawyer under the pretext of “urgency”.
- Brief algorithm
m (checklist)
Check documents.
Call a lawyer.
Do not resist physically.
Maintain your own record.
Control the limits.
Add comments to the protocol.
Get a copy.
Appeal violations.
- Important rights
The right to a defender.
Right not to testify
tive yourself (Article 63 of the Constitution of Ukraine).
The right to comments on the protocol.
The right to appeal the actions of the investigator/prosecutor.