Participation in investigative and covert actions

Investigative (search) actions are what build the body of evidence in a case. Having a lawyer present makes it possible to monitor compliance with the procedure and to record breaches at the time — breaches that can later affect how the evidence is assessed.

When to get in touch

• an inspection, identification parade, investigative experiment or examination has been ordered
• an expert examination is being ordered and you need to put your own questions to the expert
• there is reason to believe covert investigative (search) actions are being carried out
• you need an investigative action initiated in the interests of the defence

What the lawyer does

• takes part in investigative (search) actions together with the client
• checks that the procedure is followed and that participants are acting within their powers
• files motions and objections and ensures they are entered in the record
• prepares motions for an expert examination and proposes questions for the expert
• analyses the materials on covert investigative (search) actions and the grounds for them
• assesses the material obtained from the standpoint of admissibility

Legal basis

The requirements for investigative (search) actions are set out in Article 223 of the Criminal Procedure Code of Ukraine; the grounds for covert investigative (search) actions in Article 246; and the grounds for ordering an expert examination in Article 242.

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

Frequently asked questions

Is the lawyer entitled to be present during investigative actions?

Yes. The Criminal Procedure Code provides for defence counsel to take part in investigative (search) actions involving their client.

Can I find out about covert actions?

Information on covert investigative (search) actions is disclosed to the defence under the procedure set out in the Code; the lawyer then examines the grounds for them and whether they were lawful.

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