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Author: Vitalii Petryk, attorney
Key points
A search almost always comes unexpectedly, and the fate of your business, documents and even freedom depends on how you behave in the first minutes. In this article we explain in plain words on what grounds a search is carried out, how to check the ruling, what your rights are, why the right to a lawyer is key, and what to do before, during and after this investigative action as of 2026. Separately, on preparing a company, we have put together a checklist of actions during a search for business.
A search is an investigative (detective) action whose purpose is to find and record evidence, instruments of a crime, property obtained by criminal means, or to locate certain persons. As a general rule under Article 234 of the CPC, a search is carried out only on the basis of a ruling by an investigating judge. The investigator, in agreement with the prosecutor, or the prosecutor files a motion, and the investigating judge considers it and decides whether there are sufficient grounds. In other words, a lawful search of a home or office without a court authorization is impossible.
There is a single exception. Under Article 233 of the CPC, in urgent cases, for example when there is a real threat of destruction of evidence, the investigator may enter a home without a prior ruling, but is obliged immediately afterwards to apply to the investigating judge for authorization. If the court does not grant such authorization, all evidence obtained is deemed inadmissible. That is why the first and main question is always the existence and content of the ruling.
Before letting the investigators in and showing anything, ask them to present the investigating judge’s ruling and their official IDs. You have the right to examine them carefully, and haste here is not in your favor. Record or write down the surnames, positions and ID numbers of everyone present.
Next, check the ruling itself. Under Article 235 of the CPC it must contain the period of validity, which cannot exceed one month, the specific home or other property that is permitted to be searched, the person it belongs to, and the items and documents for the detection of which the search is being conducted. Pay attention to the address: if the ruling states a different premises, the investigators have no right to search yours. Likewise, the scope of the search is defined by the list of what is being sought. Be sure to obtain a copy of the ruling, this is your right, and it is precisely this document that defines the lawful limits of the investigators’ actions.
The law gives the person subject to a search a clear set of rights, and using them is not obstruction of the investigation but a lawful defense. In particular, you have the right to receive a copy of the search authorization ruling, to demand an explanation of your rights, to use the legal assistance of a lawyer, not to testify against yourself and close relatives on the basis of Article 63 of the Constitution, to be present during all actions of the investigators, to make remarks and demand that they be entered in the protocol, and to demand video recording.
A very important tip: stay calm and do not engage in unnecessary conversations. You are not obliged to explain where things are, to comment on documents or to answer questions on the merits of the case. Any phrase said in the heat of the moment can be used against you. The best tactic is to politely state that you will use the right to remain silent until a lawyer arrives.
The right to a lawyer during a search is directly provided for by Article 236 of the CPC: a person has the right to the presence of a lawyer or their representative. This is not a formality but the most effective safeguard against abuse. The presence of a defense lawyer disciplines the investigators, ensures lawfulness and guarantees that all violations will be recorded in time.
Therefore the very first practical step, the moment investigators appear at the door, is to call a lawyer. Tell them that you have a search, state the address and, if possible, the body carrying it out. Until the defense lawyer arrives, behave with restraint and do not sign any documents. Having the contact of a trusted criminal defense lawyer at hand often determines the outcome of the whole situation. If you need support, our lawyers provide defense in criminal cases and attend searches.
A search of a home or other property of a person is necessarily carried out with at least two attesting witnesses, and this requirement applies regardless of the use of technical recording means (Articles 223 and 236 of the CPC). Attesting witnesses cannot be victims, relatives of the suspect, law enforcement officers or other persons interested in the outcome. You have the right to check the witnesses’ documents and to challenge them if there are doubts about their impartiality.
In addition, a search of a home is subject to mandatory continuous video recording. The video later helps prove what exactly was seized and how, so do not object to it, on the contrary, it works for you. Based on the results, a protocol is drawn up, which must precisely state the time, all participants and a full list of what was seized. Before signing, read the protocol carefully, enter all your remarks and do not sign empty or incomplete fields. If you disagree with something, state so in writing.
Within the ruling, investigators have the right to open locked premises and storage if the person refuses to do so voluntarily, to inspect and measure, to photograph, to seize items and documents, and to temporarily prohibit those present from leaving the place of the search until it is completed. At the same time, their actions are limited both by the law and by the text of the ruling.
Investigators have no right to go beyond the limits set by the ruling, that is, to search premises not specified in it or to seize things that clearly have nothing to do with the case. As a general rule under Article 223 of the CPC, a search of a home is not carried out at night, from 10 p.m. to 6 a.m., except in urgent cases. Investigators also cannot obstruct your right to a lawyer or apply pressure and threats. Any violation should be voiced immediately and recorded in the protocol, later this will become grounds to have the evidence deemed inadmissible.
During a search of premises, investigators, where there are grounds, may also carry out a personal search of the persons present if there is sufficient data to believe that a person is concealing on them an item or document of significance to the case. A personal search is carried out by a person of the same sex in the presence of attesting witnesses of the same sex. This also applies to the seizure of phones or other media, so it is important that this action too is properly documented in the protocol. If your phone or computer is being seized, make sure the model, condition and method of packaging are stated.
Property that the investigators took during the search acquires the status of temporarily seized property (Articles 167 and 168 of the CPC). This is not yet a final deprivation: the fate of such property is decided separately. Under Article 171 of the CPC, the prosecutor is obliged to apply to the investigating judge with a motion to seize the temporarily seized property no later than the next working day after the seizure, otherwise the property is subject to immediate return.
So if no seizure has been imposed on the property, you have the right to demand its return. The question of seizure and return is considered by the investigating judge, and here again a key role is played by the lawyer, who files the relevant motions and complaints in time. Do not delay: the sooner you start the return procedure, the greater the chances of getting back the equipment, documents or money needed to run the business.
The best search is the one you are ready for. Preparation does not mean concealing a crime, it means order and protection of the company’s lawful interests. What is worth doing in advance:
A detailed step-by-step algorithm specifically for companies is given in our article on the checklist of actions during a search for business. And if a person has been served a suspicion after a search, read what first steps to take when suspected of committing a crime.
As a general rule, a search of a home or office is carried out only on a ruling by an investigating judge, so you have the right to demand that it be presented. The exception is urgent cases under Article 233 of the CPC, when investigators may enter without a ruling but are obliged to immediately apply to the court for authorization. You should not put up physical resistance, instead call a lawyer at once and record everything that is happening.
The law guarantees the right to the presence of a lawyer, so you should declare their summoning at once and have this entered in the protocol. In practice, investigators do not always wait for a defense lawyer, but unjustified deprivation of the right to a lawyer is a violation that later helps to challenge the results of the search. So record the time the lawyer was summoned and the time they arrived.
At least two, and their participation during a search of a home is mandatory even with video recording. Attesting witnesses cannot be interested persons, relatives of the suspect or law enforcement officers. You have the right to check their documents and to challenge a biased witness.
As a general rule, a search of a home is not carried out from 10 p.m. to 6 a.m., except in urgent cases. If investigators breach this requirement without proper grounds, be sure to note it in the remarks to the protocol.
No. You have the right not to testify against yourself on the basis of Article 63 of the Constitution and are not obliged to help the investigation find evidence against you. The question of providing passwords to devices is disputed and sensitive, so this is exactly where a lawyer’s advice on the spot is especially needed.
Demand that everything seized be described in detail in the protocol. If the prosecutor does not file a motion to seize the property in time, you have the right to its return. A lawyer can file a motion to return temporarily seized property or challenge the seizure, so act quickly.
Yes. Violations during a search, in particular going beyond the ruling, the absence of attesting witnesses or deprivation of the right to a lawyer, are grounds for deeming evidence inadmissible and for challenging the investigators’ actions. The more carefully the violations are recorded in the protocol and on video, the stronger the defense’s position will be.
A lawyer is needed not to conceal guilt but to ensure that the investigative action takes place within the law. They monitor compliance with the procedure, do not allow pressure, record violations and protect your documents and property. The presence of a defense lawyer is useful to everyone, regardless of their role in the case.
Vitalii Petryk, Partner, Lexon Law Firm. Managing Partner of Lexon Law Firm. Specializes in criminal, civil and commercial law and in court disputes, and handles complex cases from the pretrial investigation to court. Criminal Law. July 17, 2026.
Disclaimer. This material is of an informational and general educational nature as of July 2026 and is not legal advice or a rule of attorney ethics. Reading the article does not create an attorney-client relationship. Every situation is unique, so for your case please seek a personal consultation with a Lexon lawyer.
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