{"id":2401,"date":"2026-05-27T06:37:31","date_gmt":"2026-05-27T03:37:31","guid":{"rendered":"https:\/\/svaroglaw.com\/zahyst-pry-obshuku-ta-dopyti\/"},"modified":"2026-09-14T22:40:22","modified_gmt":"2026-09-14T19:40:22","slug":"zahyst-pry-obshuku-ta-dopyti","status":"publish","type":"page","link":"https:\/\/svaroglaw.com\/en\/kryminalne-pravo\/zahyst-pry-obshuku-ta-dopyti\/","title":{"rendered":"Protection during searches and questioning"},"content":{"rendered":"

A search of a home or other premises belonging to a person is carried out only on an investigating judge\u2019s order<\/strong> (Art. 234 CPC). The exception is urgent cases (Art. 233 CPC), but even then the investigator must apply to the investigating judge for the search without delay. If the court refuses, everything obtained becomes inadmissible<\/strong>.<\/p>\n

The second thing to know: the investigator must admit a lawyer<\/strong> at any stage of the search (Art. 236(1) CPC). At the same time the law does not require them to wait for one, so the demand to call your lawyer must be made at once and written into the record \u2014 together with the time it was made.<\/p>\n

Defence during a search and questioning rests on what is recorded at the scene: most breaches happen in the first few minutes, while people are confused and do not know what to insist on.<\/p>\n

<\/svg>+38 095 554-54-24<\/span><\/a>legal consultation<\/span><\/div>\n

What to do when they arrive with a search warrant<\/h2>\n
  1. Ask for the investigating judge\u2019s order<\/strong> and a copy of it. Read it: whose address, which premises, what exactly is being looked for, how long the order is valid.<\/li>
  2. Check the service IDs<\/strong> of everyone present and write down names and ranks.<\/li>
  3. Call your lawyer immediately<\/strong> and state your demand for their participation, so that it goes into the record.<\/li>
  4. Do not resist physically<\/strong> \u2014 that is an offence in its own right.<\/li>
  5. Give no explanations<\/strong>, orally or in writing. You have the right to stay silent.<\/li>
  6. Watch the video recording<\/strong>: a search of a home must be filmed (Art. 107(1) CPC), and the absence of a recording is a serious breach.<\/li>
  7. Check the attesting witnesses.<\/strong> A search of a home is conducted with at least two attesting witnesses regardless of any technical recording<\/strong> (Art. 223(7) CPC). Their absence is a breach in itself, even where video is being taken.<\/li>
  8. Film it yourself.<\/strong> The defence has the right to record the search on video without hindrance (Art. 107(1) CPC).<\/li>
  9. Read the record carefully<\/strong> and enter your objections<\/strong>. Do not sign it \u201cas is\u201d if anything happened differently.<\/li>
  10. Get a copy of the record<\/strong> with an inventory of everything seized.<\/li><\/ol>\n

    \"A<\/a><\/p>\n

    The first minutes, while the lawyer is on the way<\/h2>\n

    A search can begin before your lawyer arrives. While they are travelling, simple rules apply: start recording video on your phone, copy names and ranks from the service IDs, check the address and the list of premises in the order against what is happening, and explain nothing. If you were not allowed to read the order, or there are no attesting witnesses, write that in your own hand in your objections to the record \u2014 the investigator\u2019s agreement is not required. In Kyiv our lawyer sets out the moment you call; they must be admitted at any stage, and the time of admission is also recorded.<\/p>\n

    Breaches that make evidence inadmissible<\/h2>\n