Legal protection during a search

A search is one of the most stressful investigative actions there is. What the defence does in the first few minutes shapes the course of the proceedings: what is recorded, what is actually taken away, and whether the admissibility of the evidence can be challenged later.

When to get in touch

• officers have arrived at a home, office, warehouse or vehicle with a search ruling
• investigative actions are being carried out without a ruling, on grounds of urgency
• equipment, documents, cash or goods are being seized during the search
• you expect a search and want to prepare the company and its staff in advance

What the lawyer does

• travels to the site of the search immediately
• checks the investigating judge’s ruling: its validity period, the address, and the list of items and documents that may be sought
• monitors compliance with the search procedure and records how the search is conducted
• insists that objections be entered in the record
• verifies that the description of the seized property is complete and accurate
• prepares the procedural documents that follow – complaints and motions for the return of what was taken

What the lawyer checks during a search

• The investigating judge’s ruling. It must be presented and a copy handed over before the search begins (Part 3 of Article 236 of the Criminal Procedure Code of Ukraine, CPC). The ruling states its period of validity – no more than one month from the date it was issued – the home or other property (or part of it) to be searched, the person who owns it, and the items, documents or persons being sought (Part 2 of Article 235 of the CPC). One ruling gives the right to enter a home or other property only once (Part 1 of Article 235 of the CPC).
• The scope of the search. A search is carried out to the extent necessary to achieve its purpose (Part 5 of Article 236 of the CPC). Items and documents not listed in the ruling (other than those withdrawn from circulation) are deemed temporarily seized property (Part 7 of Article 236 of the CPC).
• Recording. A search of a home or other property under a ruling must be audio- and video-recorded (Part 10 of Article 236 of the CPC). As a general rule, at least two attesting witnesses take part (Part 7 of Article 223 of the CPC). Under martial law, if involving attesting witnesses is objectively impossible or dangerous, the search is carried out without them but with continuous video recording (Article 615 of the CPC).
• The record. Statements made by those present are entered in the record (Part 8 of Article 236 of the CPC). The second copy of the record, with an inventory of what was seized, is handed to the person whose premises were searched, and at a company – to its head or representative (Part 9 of Article 236 of the CPC).

After the search: getting seized property back

If property was temporarily seized during a search under an investigating judge’s ruling, the investigator or prosecutor must file a motion for its arrest within 48 hours; in other cases of temporary seizure – no later than the next working day. Otherwise the property must be returned immediately (Part 5 of Article 171 of the CPC). A failure to return temporarily seized property can be challenged before an investigating judge (Item 1 of Part 1 of Article 303 of the CPC), and if an arrest has already been imposed, a motion to lift it can be filed (Article 174 of the CPC). More on this – “Recovery of seized property”.

Legal basis

Entry into a home or other property and searches are governed by Articles 233–236 of the Criminal Procedure Code of Ukraine; the general requirements for investigative (search) actions, including the participation of attesting witnesses, by Article 223 of the CPC; the special rules under martial law by Article 615 of the CPC; temporarily seized property by Articles 169, 171 and 174 of the CPC.

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

Frequently asked questions

Can officers be refused entry to the premises?

A home or other property may be entered with the voluntary consent of its owner or on the basis of an investigating judge’s ruling. Without a ruling – only in urgent cases related to saving people’s lives and property or to the direct pursuit of suspects; the investigator must then immediately file a motion with an investigating judge for a search (Article 233 of the CPC). A search under a ruling takes place regardless of the person’s consent, so the lawyer’s task is not to obstruct it but to make sure the investigative action stays within the limits of the ruling and the law.

Am I entitled to a lawyer during a search?

Yes. The investigator or prosecutor may not prohibit those taking part in a search from using a lawyer’s legal assistance and must admit a lawyer at any stage of the search (Parts 1 and 3 of Article 236 of the CPC).

Do the investigators have to wait for the lawyer?

The law requires a lawyer to be admitted at any stage, but does not oblige the investigators to postpone the search of a home until the lawyer arrives. A separate rule applies to the search of a person: at that person’s request it is carried out in the presence of a lawyer, but the lawyer’s failure to appear within three hours does not prevent the search (Part 5 of Article 236 of the CPC). That is why it is worth calling a lawyer straight away.

Can I leave the place of the search?

The investigator or prosecutor has the right to prohibit anyone from leaving the place of the search until it is over and from doing anything that obstructs the search; failure to comply entails liability established by law (Part 3 of Article 236 of the CPC).

Can they examine my phone or computer?

If a person refuses to open locked premises or a storage facility, or to remove logical protection, the investigator or prosecutor has the right to do so themselves. If during a search access is found to computer systems or mobile terminals for which no permission was granted, but there are sufficient grounds to believe that the information on them is important for the proceedings, the investigator or prosecutor may search for and record that data on site (Part 6 of Article 236 of the CPC).

What happens to the property that was seized?

A motion to arrest temporarily seized property must be filed within 48 hours after a search under a ruling, and in other cases no later than the next working day; if it is not filed, the property must be returned immediately (Part 5 of Article 171 of the CPC). The lawyer keeps track of these deadlines and prepares a complaint or a motion to lift the arrest.

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