The main problem with such cases is not that there are no violations. It is that they are not recorded. A week later, it is one person’s word against that of a police officer — and the court has nothing to go on.
Challenging police actions is only effective when there is evidence: a medical report on bodily injuries, notes in the report, video footage, witnesses, and written complaints submitted immediately.
That is why the first thing we tell our clients is: document everything immediately — even if it seems that ‘you won’t be able to prove anything anyway’.
+38 095 554-54-24 — legal advice
What can be appealed against
Actions and decisions of the investigator or prosecutor — to the investigating judge (Article 303 of the Code of Criminal Procedure):
- failure to enter information into the Unified Register of Pre-trial Investigations — the statement was not registered;
- inaction — failure to carry out actions which the investigator is obliged to carry out;
- closure of criminal proceedings;
- refusal to grant motions;
- detention — its lawfulness is reviewed by the investigating judge;
- seizure of property, a preventive measure.
Actions by police officers that constitute a criminal offence — a complaint to the State Bureau of Investigations:
- abuse of power or official authority (Article 365 of the Criminal Code) — in particular involving the use of violence;
- torture (Article 127 of the Criminal Code);
- negligence in the performance of official duties, abuse of power;
- unlawful arrest or detention.
Violations in administrative proceedings — in an administrative court or via a complaint to the management of the authority and to the internal security service.
What to do right now
This is the most important part. Without it, all further steps are pointless.
- Medical examination — immediately. If force was used, see a doctor or call an ambulance on the very same day. A medical report documenting your injuries is the key piece of evidence. After a few days, the bruises will fade, and with them, the case.
- Comments in the report. Do not sign a document that does not reflect the truth. State exactly what went wrong: your rights were not explained to you, you were not allowed a solicitor, or pressure was exerted.
- Surnames and job titles. Make a note of everyone you dealt with, and their ID numbers.
- Witnesses. Get their contact details straight away — you won’t be able to find them later.
- Video. The law does not prohibit filming police actions. Your recording is evidence.
- Written complaints. Verbal complaints do not count. Submit your complaint in writing, ensuring the submission is recorded.
- Request copies of all documents that are handed to you or presented for your signature.
Complaint to the investigating judge: how it works
This is the primary and most effective mechanism.
- the complaint is lodged with the local court where the pre-trial investigation is taking place;
- the time limit is within the period specified by law from the moment you became aware of the decision, action or inaction;
- there is no court fee for such complaints;
- depending on the outcome, the court may order the investigating judge to take action, set aside their decision, or declare the inaction unlawful.
This is not a ‘formality’: a ruling by the investigating judge is binding, and cases usually proceed again following it.
Compensation for damages
If the actions were unlawful, damages are payable by the state — regardless of the fault of the specific official.
Grounds: an acquittal, the closure of proceedings on grounds of rehabilitation, or a ruling that the detention or arrest was unlawful.
Compensation is payable for: lost earnings, property seized and not returned, fines paid, legal costs, non-pecuniary damage.
Further details: Compensation for damage caused by public authorities.
A frank assessment of your chances
These cases are complex. Police officers give coordinated statements, video recordings ‘have not been preserved’, and medical examinations are carried out belatedly.
Those who documented everything straight away are the ones who win. Those who turn up a month later saying ‘I was beaten, but there’s no evidence’ are the ones who lose.
We’ll be honest during the consultation about whether there’s a case to take to court. If there’s no evidence, it’s better to hear that straight away than to waste a year and money.
How we work
- We document the violations — we arrange for a medical examination and gather evidence whilst it is still available.
- We lodge a complaint with the investigating judge — regarding actions, decisions or inaction.
- We file a report with the State Bureau of Investigation if the actions show signs of a criminal offence.
- We seek to have evidence declared inadmissible — anything obtained unlawfully cannot form the basis of a verdict.
- We claim damages from the state — if there are grounds to do so.
- We provide parallel defence in the main case — as challenging police actions is usually not the only issue.
Cost of services
| Service | Price |
|---|---|
| Consultation | from 1,500 UAH |
| Legal opinion: assessment of the prospects of an appeal | from 5,000 UAH |
| Preparation of complaints, applications and procedural documents | from 5,000 UAH |
| Lawyer’s participation in investigative proceedings | from 15,000 UAH |
| Participation in one court hearing | from 3,000 UAH |
| Court representation | from 10,000 UAH |
| Comprehensive ‘turnkey’ support for a criminal case | from 60,000 UAH |
No court fee is payable for a complaint to an investigating judge.
Full price list · Defence upon arrest
Questions and answers (Appealing against police actions)
Where should you appeal against the investigator’s actions?
To the investigating judge (Article 303 of the Code of Criminal Procedure). No court fee is payable. The court may order the investigator to take action, overturn their decision or declare their inaction unlawful.
What should you do if force has been used?
Undergo a medical examination immediately — on the very same day. A medical report documenting the injuries is the key piece of evidence. After a few days, there will be nothing left to prove it.
Is it permissible to film police actions on video?
Yes, it is not prohibited by law. Your recording could become key evidence.
Where should you file a complaint about torture or abuse of power?
With the State Bureau of Investigations — it is the body responsible for investigating crimes committed by law enforcement officers.
Can you challenge an unlawful detention?
Yes, an investigating judge will review its legality. Any breaches may also lead to the evidence being ruled inadmissible.
What should I do if my complaint is not accepted?
Submit it in writing with proof of submission (a receipt or a registered post receipt with a description), and appeal to the investigating judge if the details are not entered into the Unified Register of Pre-trial Investigations.
Is it possible to receive compensation?
Yes, if the actions are found to be unlawful: lost earnings, unreturned property, fines, legal costs and non-pecuniary damage are compensated by the state.
What are the realistic chances of winning?
It depends on the evidence. Those who documented the violations immediately are more likely to succeed. We’ll be honest with you during the consultation about whether there are grounds to take the case to court.
What documents should I bring to the consultation?
Any reports you were given, medical documents, your complaints and the responses to them, videos, and witnesses’ contact details.
Contacting a solicitor at ‘Svarog’ to challenge police actions
If the violation has just occurred — call today, not ‘once you’ve calmed down’. A medical examination, comments in the report and a written complaint, submitted immediately, will determine the outcome of the case. In a week’s time, there will be nothing left to prove.
+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00