Protection during searches and questioning

A search of a person’s home or other premises may be carried out only pursuant to a ruling by an investigating judge (Article 234 of the Code of Criminal Procedure). An exception is made for urgent cases (Article 233 of the Code of Criminal Procedure), but even then the investigator is obliged to apply to the court without delay for subsequent authorisation, and if the court does not grant it, all evidence obtained becomes inadmissible.

The second thing you need to know is that the investigator has no right to prevent a lawyer from being present during a search. This is expressly provided for by law. Delaying the start of the search until the lawyer arrives is your right, not ‘obstruction of the investigation’.

A lawyer is needed during a search precisely because most violations occur in the first few minutes — when people are flustered and do not know what to demand.

+38 095 554-54-24 — legal advice

What to do when officers arrive to carry out a search

1. Demand to see the investigating judge’s warrant and a copy of it. Check: the address, the property in question, exactly what they are looking for, and the warrant’s validity period.
2. Check the official identification documents of everyone present and note down their surnames and positions.
3. Telephone your solicitor immediately — and demand that the search does not begin until they arrive.
4. Do not offer physical resistance — this constitutes a separate criminal offence.
5. Do not provide any explanations — neither verbally nor in writing. You have the right to remain silent.
6. Monitor the video recording — a search of a home must be recorded on video. Failure to record it constitutes a serious breach.
7. Demand the presence of witnesses if no video recording is being made.
8. Record everything yourself — this is not prohibited by law.
9. Read the report carefully and make comments. Do not sign ‘as is’ if anything was not done correctly.
10. Obtaining a copy of the report is your right.

Violations that render evidence inadmissible

• no warrant from the investigating judge authorising a search of the premises;
• the search exceeded the scope of the warrant — they were looking for items not specified in it, or searched the wrong premises;
• a lawyer was not allowed to be present;
• no video recording was made;
• a copy of the warrant was not provided before the search began;
• seized property not specified in the warrant and unrelated to the proceedings — a common violation when seizing electronic devices, mobile phones and business documents;
• failed to provide a copy of the report;
• force was used without lawful grounds.

Every violation is recorded — and subsequently forms the basis for a motion to have the evidence declared inadmissible. Without a lawyer present, it is almost impossible to document these violations: it is the victim’s word against that of the investigator.

Return of seized property

This is a separate and very practical area. Often, during a search, items are seized that have absolutely no connection to the case: family members’ mobile phones, computers, company documents, cash and electronic devices.

The procedure for recovery:

• a motion to the investigating officer for the return of temporarily seized property;
• a motion to the investigating judge — if the investigating officer fails to respond or refuses;
• an appeal against the seizure of property, if it has already been imposed.

Temporarily seized property which, within the prescribed period , has not been subject to a court-ordered seizure, is subject to return. This is often ‘overlooked’, and the property remains with the investigator for years.

Interrogation: key rules

You have the right to remain silent — no one is obliged to testify against themselves or their relatives (Article 63 of the Constitution). Refusal to give evidence does not constitute proof of guilt.

The right to a lawyer applies during any questioning — whether as a suspect or as a witness.

Be careful with witness status. It is common practice to question as a witness someone who is, in fact, already a suspect. A witness is obliged to give evidence and is liable for refusing to do so — unlike a suspect. This is a way of circumventing your rights, and a lawyer will recognise it immediately.

Read the transcript before signing. The investigator’s wording often differs from what you actually said. Make notes of any discrepancies.

Do not ‘make a deal’. Promises such as ‘give evidence and you’ll be a witness’ have no legal force.

Search of business premises

A specific situation where the cost of a mistake is the shutdown of the business.

In addition to the general rules: check the scope of the warrant; do not allow the seizure of servers and documentation not related to the case; demand that data be copied rather than equipment seized; ensure the presence of a solicitor and a company director.

We attend the search at the office — and it is the very presence of a solicitor that most often prevents the seizure of ‘everything and anything’.

When a solicitor is not needed

If you are being searched — you always need a solicitor. This is not a situation where you can ‘sort it out yourself’: anything not recorded at the time of the search cannot be proven later.

How we work

1. We set off immediately — to your home or office.
2. We check the warrant and the scope of the investigators’ powers.
3. We document any breaches — in writing, in the report, with comments.
4. We prevent the seizure of unnecessary items — anything not specified in the warrant.
5. We prepare a motion to have the evidence declared inadmissible.
6. We recover the seized property — through the investigator or the investigating judge.

Cost of services

Full price list · Return of seized property

Questions and answers (Lawyer present during a search)

Can a property be searched without a court order?

As a general rule, no. The exception is in urgent cases, but in such instances the investigator is obliged to apply to the court immediately for authorisation. If the court does not grant it, all evidence obtained will be inadmissible.

Can a lawyer be barred from attending a search?

No. The investigator has no right to prevent a lawyer from being present. Delaying the start of the search until the lawyer arrives is your legal right.

Is video recording of a search mandatory?

Yes, a search of a home must be recorded on video. The absence of a recording constitutes a serious breach, which calls into question the admissibility of the evidence obtained.

Can I film the search on my mobile phone?

Yes, this is not prohibited by law. Your recording may serve as evidence of any violations.

What should I do if items not listed in the court order are seized?

Record this in your comments on the search report and submit a motion for their return. Any property not seized by the court within the prescribed time limit must be returned.

Can I refuse to give evidence during questioning?

Yes. No one is obliged to testify against themselves or their relatives. Refusal does not constitute evidence of guilt.

I have been summoned as a witness. Do I need a solicitor?

Yes. Often, someone who is in fact already a suspect is questioned as a witness — in order to deprive them of their rights as a suspect. A witness is obliged to give evidence, whereas a suspect is not.

What should I do if a search is being carried out at my workplace?

Call a solicitor, check the scope of the search warrant, and demand that data be copied rather than servers and equipment being seized. The presence of a solicitor usually prevents the seizure of ‘everything in sight’.

What should you bring to the consultation?

A copy of the search warrant, the search report, a list of seized property, and a summons for questioning, if applicable.

Contacting a solicitor regarding a search at the company ‘Svarog’

Call as soon as they arrive — not afterwards. Insist that the search does not begin until the solicitor arrives: this is your right. Anything not recorded during the search cannot be proven later.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00