Challenging actions of the investigator and prosecutor

Judicial oversight at the pre-trial stage is an effective defence tool. It allows a prompt response to inaction, or to decisions that infringe the rights of those involved in the proceedings.

When to get in touch

• information is in effect not being entered in the register of pre-trial investigations
• defence motions are left without consideration
• the case is not moving and no investigative actions are being taken
• a decision has been made that restricts the client’s rights

What the lawyer does

• determines whether the decision or action can be challenged at all
• prepares a complaint to the investigating judge within the time limit for filing
• sets out how the client’s rights have been infringed
• represents the client at the hearing of the complaint
• obtains and analyses the ruling that follows
• initiates further procedural steps where needed

Legal basis

The list of decisions, acts and omissions that may be challenged is set out in Article 303 of the Criminal Procedure Code of Ukraine; the time limit for filing a complaint in Article 304; the procedure for hearing it in Article 306; and the investigating judge’s decision in Article 307.

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

Frequently asked questions

Can anything be challenged?

No. The Criminal Procedure Code contains a closed list of decisions, acts and omissions that may be challenged at the pre-trial stage.

Is there a deadline for filing?

Yes. The law sets a time limit, and missing it can be a ground for refusing to open proceedings on the complaint.

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