Illegal entry into a home – a lawyer in a case of violation of the inviolability of the home

Article 30 of the Constitution of Ukraine guarantees every citizen the right to inviolability of their home. The basis for taking measures related to the entry into a person’s private property is exclusively a reasoned court decision. In this article, we will consider the issue of liability for illegal entry into a home.

Do law enforcement officials have the right to enter a person’s home?

Recently, there have been frequent cases when investigators, investigators, or representatives of other law enforcement agencies exceed their official duties during investigative actions. For example, they do not have the appropriate permits. Most citizens do not fully understand their own procedural rights and cannot resist the illegal activities of law enforcement officers. That is why it is better to immediately enlist the support of professional lawyers.

Lawyers from our law firm “Prykhodko & Partners” will be able to monitor compliance with the rights of a person during investigative actions and record even the slightest violations. In the future, this can be used to protect the rights of the defendant in court.

The basis for lawful entry into a home can only be the decision of the investigating judge. This is clearly stated in part one of Article 233 of the Code of Criminal Procedure of Ukraine (hereinafter referred to as the CPC). Exclusion – direct prosecution of persons suspected of committing a criminal offense.

The Resolution of the investigating judge specifies certain restrictions on the rights of a legal entity or individual in respect of whom an investigative action such as a search is being conducted. To be legal, this document must be substantiated, with information on:

1. The validity period of the Resolution (maximum term – one month from the date of the resolution).
2. The identity of the investigator or prosecutor who initiated the search and filed the relevant motion.
3. The provisions of the Law on the basis of which the Resolution was issued.

In addition, this document must contain information about the specific housing or other property of the person where the investigative actions are planned to be carried out (i.e., indicating the exact address). If this item is not in the Resolution (or, for example, the address is indicated incorrectly), law enforcement officers do not have the legal right to enter the home. The document must indicate specific materials of the criminal proceedings that are the legal basis for conducting the search.

Important: The decision of the investigating judge, on the basis of which a search is conducted, allows conducting investigative actions in a specific premises once.

Information about illegal penetration of representatives of the CCC into the homes of persons of draft age by the media periodically appears. Without a doubt, this is a violation of current legislation, which can be characterized as a criminal offense.

Representatives of the Territorial Recruitment Centers can penetrate housing only on the basis of a reasoned court decision. If this norm is violated, the lawyers of "Prykhodko & Partners" can prepare a statement to the State Bureau of Investigation regarding illegal penetration.

Penetration into a person's home without lawful grounds for this is subject to sanctions under Article 162 of the Criminal Code of Ukraine. The object of illegal activity under the specified article is the legal right of a person to the inviolability of private property (home and other possessions). The subject is the home/other possessions of a person. The injured party is exclusively an individual. Not only citizens of Ukraine, but also a foreigner or stateless person can act as an individual.

Lawyer in the case of violation of the inviolability of housing

As mentioned above, violation of a person’s rights to the inviolability of housing is a common phenomenon in our country. But not always law enforcement officials are able to protect this basic right for various reasons. For example, the injured party did not timely report the fact of violation of the inviolability of housing. Also, sometimes it is impossible to prove the guilt of a person under Article 162 of the Criminal Code of Ukraine – violation of the inviolability of housing.

As judicial practice shows, a large number of cases of this category are under consideration. The main evidence of illegal entry into a home is:

• Testimony of witnesses and victims.
• Examination of the scene of the incident (law enforcement officers or a lawyer record the method of entry into the home).
• Results of forensic examinations.

In cases where you are accused of violating the inviolability of the home, the lawyers of our law firm "Prykhodko and Partners" are ready to provide you with comprehensive legal support. We have years of practical experience in protecting the legitimate rights and interests of individuals even in the most complex criminal cases. There are no challenges for us that we cannot cope with.

Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer's services in a case of violation of the inviolability of housing, fill out the form below.