Recovery of seized property

During a search, equipment, phones, documents and storage media are frequently taken away. The law sets out the procedure by which temporarily seized property can be returned to its owner.

When to get in touch

• equipment, phones or documents were taken during a search
• the property taken has nothing to do with the circumstances of the case
• equipment was taken without which the business cannot operate
• considerable time has passed and no decision on the property has been made
• the investigating judge has attached the property that was taken

What the lawyer does

• analyses the search record and the inventory of what was taken
• establishes the procedural status of the property
• prepares a motion for the return of temporarily seized property
• argues that there is no basis for holding the property any longer
• represents the owner at the hearing of the motion
• follows through on the actual return and the condition of the property

What temporary seizure of property means

Temporary seizure means actually depriving a person of the possibility to own, use and dispose of property until a decision is taken on its attachment, its return or its special confiscation (part 1 of Article 167 of the Criminal Procedure Code). Items, documents and money may be seized where there are sufficient grounds to believe that they are the tool, object or proceeds of a criminal offence or bear its traces (part 2 of Article 167).

• property is seized on detention, during a search or during an examination; a record is drawn up and a copy is given to the person from whom the property was taken or to their representative (parts 1–3 of Article 168)
• items and documents that are not listed in the ruling authorising the search and are not withdrawn from circulation are treated as temporarily seized property (part 7 of Article 236)
• as a general rule, computer equipment and phones may not be seized. The exceptions include cases where they are needed for an expert examination together with the information on them, are the tool or proceeds of the offence, or access to them is restricted by the owner. The investigator may copy the information on them, and at the owner’s request copies are left with the owner (part 2 of Article 168)

Time limits: when property must be returned

• the investigator or prosecutor must file a motion to attach temporarily seized property no later than the next working day after the seizure, or within 48 hours where the property was seized during a search or examination carried out under a ruling of the investigating judge. Otherwise the property is returned immediately (part 5 of Article 171)
• the investigating judge hears the motion no later than two days after it reaches the court (part 1 of Article 172), and must issue the ruling attaching temporarily seized property no later than 72 hours – otherwise the property is returned (part 6 of Article 173)
• if the motion is defective, the judge returns it and allows up to 72 hours to remedy the defects; if it is not refiled within that time, the property must be returned immediately (part 3 of Article 172)

Grounds for returning property

Temporarily seized property is returned to the person from whom it was taken (part 1 of Article 169):

• by a decision of the prosecutor who finds the seizure ill-founded
• by a ruling of the investigating judge or the court refusing attachment
• where the motion to attach was not filed or not decided in time (part 5 of Article 171 and part 6 of Article 173)
• where the attachment is revoked
• by a court judgment in proceedings concerning a criminal misdemeanour

Once attachment has been refused or revoked, the investigator and the prosecutor must immediately take steps to enforce the court decision and report this to the investigating judge (part 3 of Article 169). If attachment is refused in part, the corresponding part of the property is returned (part 3 of Article 173).

If property is not returned or has been attached

• Complaint about an omission. A failure to return temporarily seized property as required by Article 169 is challenged before the investigating judge; the complaint may be filed by, among others, the suspect, defence counsel or the owner of the property (clause 1 of part 1 of Article 303). The time limit is 10 days from the decision, act or omission (part 1 of Article 304). More on the page “Challenging actions of the investigator and prosecutor”.
• Opposing attachment. The investigating judge refuses attachment if the investigator or prosecutor has not proved that it is necessary and that the risks exist. The judge takes into account whether the restriction of ownership is reasonable and proportionate and what consequences attachment will have, and if attachment is ordered, chooses the least burdensome method, one that does not halt lawful business activity (parts 1, 2 and 4 of Article 173).
• Appeal. A ruling of the investigating judge attaching property may be appealed (clause 9 of part 1 of Article 309) within five days of its pronouncement or, if it was issued without summoning the person concerned, from the day that person receives a copy (parts 2 and 3 of Article 395).
• Revoking attachment. The suspect, defence counsel, or the owner or holder of the property may apply to have the attachment revoked if they were absent when it was considered, or if they prove that it is no longer needed or was imposed without grounds. The motion is heard within three days (parts 1 and 2 of Article 174). More on the page “Revoking property attachment (asset seizure)”.
• Documents. At the request of the holder, the investigator, prosecutor or court may issue copies of documents and, where necessary, the originals, placing certified copies on file instead (part 3 of Article 100).

Legal basis

Temporary seizure of property and its return are governed by Articles 167–169 of the Criminal Procedure Code of Ukraine; property attachment and its revocation by Articles 170–174; physical evidence and documents by Articles 98 and 100; seizure during a search by Article 236; and challenges by Articles 303, 304, 309 and 395.

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

Frequently asked questions

What if the work computers were taken?

During the seizure, ask for copies of the information to be left on your own media: the person seizing computer systems must do so at the owner’s request where copying is technically possible (part 2 of Article 168 of the Criminal Procedure Code). Then check whether the seizure was permissible and whether a motion to attach was filed in time (part 5 of Article 171); if not, demand the return of the equipment and, if nothing happens, complain to the investigating judge (clause 1 of part 1 of Article 303).

Is property returned before the case ends?

Yes. Temporarily seized property is returned, in particular, where the prosecutor finds the seizure ill-founded, the court refuses attachment, the motion to attach was not filed or decided in time, or the attachment is revoked (part 1 of Article 169 of the Criminal Procedure Code). Physical evidence provided to or seized by a party must be returned to the holder as soon as possible, except in cases of temporary access or attachment (part 1 of Article 100).

How long does the investigator have to apply to attach seized property?

No later than the next working day after the seizure, or 48 hours where the property was seized during a search or examination under a ruling of the investigating judge. If no motion is filed within that time, the property must be returned immediately (part 5 of Article 171 of the Criminal Procedure Code).

What if attachment was refused but the property has not been returned?

The investigator and the prosecutor must immediately take steps to enforce that decision and report this to the investigating judge (part 3 of Article 169 of the Criminal Procedure Code). A failure to return the property can be challenged before the investigating judge within 10 days (clause 1 of part 1 of Article 303 and part 1 of Article 304).

Can a ruling attaching property be appealed?

Yes, within five days of the ruling’s pronouncement or, if it was issued without summoning the person concerned, from the day that person receives a copy (clause 9 of part 1 of Article 309 and parts 2 and 3 of Article 395 of the Criminal Procedure Code). If you were absent when it was considered, you can also file a motion to revoke the attachment (part 1 of Article 174).

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