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Author: Vitalii Petryk, attorney
Key points
For a company, a search is not only a legal but also an operational crisis: documents, servers, money and reputation are all at risk. The good news is that most risks can be reduced with advance preparation and a clear action algorithm. Below is a practical checklist for business as of 2026. The general legal instruction with references to the CPC articles is set out separately in our material on what to do during a search, while here we focus specifically on the algorithm for a company.
Unlike a search of a home, a search at a company affects many people at once: the owner, management, accounting, ordinary employees. Under stress everyone may behave differently, and it is precisely the inconsistency of actions that most often harms the business. A single carelessly given password or a commented document can change the course of the whole case.
In addition, the seizure of servers, computers and primary documents can paralyze operations even when the company is not guilty of anything. So the goal of preparation is not to hide something unlawful but to ensure the lawfulness of the investigators’ actions, keep the business operational and prevent a technical situation from being turned into evidence against the company. Below is a step-by-step algorithm that is worth implementing in advance.
The best action algorithm for a search is prepared when there is no search yet. The minimum set of measures is as follows:
Such a checklist turns chaos into a manageable process and significantly reduces operational and legal risks.
The first minutes set the tone of the whole investigative action. The order of actions for the responsible staff should be as follows:
Clear execution of these steps prevents the investigation from taking advantage of the staff’s confusion and lays the foundation for the subsequent defense.
A search at a business, like any other, is carried out only on a ruling by an investigating judge (Articles 234 and 235 of the CPC). Check three things in the ruling: the address, which must match yours, the list of items and documents being sought, and the period of validity, which cannot exceed one month. Investigators have no right to seize anything beyond these limits.
The company has the right to the presence of a lawyer, to a copy of the ruling, to participation in all the investigators’ actions and to entering remarks in the protocol. The search is carried out with at least two attesting witnesses, and the process itself is subject to video recording. Do not obstruct lawful actions, but consistently record any violations: going beyond the ruling, pressure on employees or obstruction of the right to a lawyer. It is precisely these records that later become grounds to have evidence deemed inadmissible.
The most sensitive issue for a business is the seizure of computer equipment, servers and information media. Make sure that every seized device is described in detail in the protocol: type, model, serial number, condition and method of packaging. Insist that the media be sealed in your presence, this makes further manipulation of the data impossible.
The question of providing passwords and access to systems is legally sensitive, and this is exactly where a lawyer’s advice on the spot is especially needed. You are not obliged to act to your own detriment. If the seizure of equipment threatens to halt the business, the lawyer may raise the question of making copies of the information instead of seizing the originals, or of returning the equipment as soon as possible. Backup copies made in advance save operations in this situation.
The work does not end when the investigators leave. First of all, obtain a copy of the protocol and make sure all your remarks are entered. Then, together with a lawyer, assess the lawfulness of the search and the completeness of the description of what was seized. Temporarily seized property can be returned: under Article 171 of the CPC, the prosecutor must apply to the investigating judge with a motion for seizure no later than the next working day, otherwise the property is subject to return.
If there were violations during the search, they can be appealed, and unlawfully obtained evidence can be deemed inadmissible. The more carefully the course of the search is recorded, the stronger the company’s position. So do not delay: the sooner a lawyer starts the procedure for returning equipment and documents, the smaller the operational losses for the business. If, after a search, an employee or a member of management has been served a suspicion, act according to a separate algorithm described in the material on the first steps when suspected of committing a crime.
Assign employee roles in advance, provide a lawyer’s contact and a memo on rights, put documents in order and make backup copies of critical data. Short staff training helps everyone act calmly and in a coordinated way in a real situation.
A search 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. You should not put up physical resistance, instead call a lawyer at once and record everything.
Demand a detailed description of each device in the protocol and the sealing of the media in your presence. A lawyer may raise the question of making copies instead of seizing the originals. Backup copies made in advance allow the business to keep working.
No, employees have the right not to testify against themselves and are not obliged to comment on documents or provide access to their own detriment. The question of passwords is sensitive, so it is best for staff to refrain from explanations until a lawyer arrives.
At least two, and their participation is mandatory regardless of video recording. Attesting witnesses cannot be interested persons or law enforcement officers. You have the right to check their documents and to challenge them.
If the prosecutor did not apply in time with a motion to seize the property, you have the right to its return. A lawyer files the relevant motions and complaints with the investigating judge. The sooner the procedure is started, the fewer losses the business suffers.
As a rule, yes, and your own recording later helps prove violations. At the same time, do not obstruct the investigators’ lawful actions. Combining the official video recording and your own records creates a reliable evidence base for the defense.
Both. It is ideal to have a lawyer who helps prepare the company in advance, and to call a defense lawyer immediately at the moment of the search. The early involvement of a lawyer significantly reduces both the legal and the operational risks for the business.
Vitalii Petryk, Managing Partner, Lexon Law Firm. Specializes in criminal, civil and commercial law and in court disputes. 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, legal assistance or advertising within the meaning of the Rules 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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