Temporary access to items and documents

Temporary access to items and documents is often the first measure a business encounters in criminal proceedings. It is the route by which the prosecution obtains company records — and sometimes the opportunity to take them away.

When to get in touch

• a motion has been filed for temporary access to company documents
• a ruling is being enforced at your office or at your bank
• the documents sought contain commercial secrets
• the scope of what is being demanded clearly goes beyond the subject of the proceedings

What the lawyer does

• represents the holder of the documents when the investigating judge hears the motion
• argues the position on the scope of the documents demanded
• checks the ruling as it is enforced: the period, the list, the authorised persons
• monitors how the inventory is drawn up and how items are taken
• prepares the procedural documents that follow enforcement of the ruling

Legal basis

The general rules on temporary access to items and documents are set out in Article 159 of the Criminal Procedure Code of Ukraine; the consequences of failing to comply with a ruling are set out in Article 166.

Legislation and case law are updated over time; this page reflects the position as of August 2026.

Frequently asked questions

Can we simply refuse to hand over documents?

An investigating judge’s ruling must be complied with, and non-compliance carries procedural consequences. The defence works on the scope and manner of access, not on ignoring the ruling.

Can the documents be taken away?

A ruling may allow items to be taken. The lawyer checks that what is done matches the scope set out in the ruling.

Need legal assistance? Call us or leave a request — a lawyer will contact you and explain what to do in your situation.