Head of criminal law practice
Expert in criminal and international law. He also specializes in crimes in the field of military activity and in the financial sector.
Accompanying a lawyer during a search by investigators of the SBU / NABU / BEB / SBI / national police
In modern realities in Ukraine, searches are increasingly being conducted against business representatives, individuals, and public officials. As a rule, they are carried out by officers of the SBU, BEB, SBI, police, and NABU. The main purpose of investigative actions is to identify, obtain, and preserve information that may indicate involvement in criminal proceedings and subsequently become evidence in such proceedings and in court. Lawyers of the law firm “Prikhodko & Partners” will ensure reliable legal protection for you and monitor the legality of law enforcement actions.
What is a search and who is authorized to conduct it?
According to Article 234 of the Criminal Procedure Code of Ukraine, a search is an investigative (detective) action aimed at identifying and recording information about the circumstances of a criminal offense, as well as locating items and property related to the commission of a crime.
Authorized bodies that may conduct searches include:
- Security Service of Ukraine (SBU)
- National Police of Ukraine (NPU)
- National Anti-Corruption Bureau of Ukraine (NABU)
- Bureau of Economic Security (BEB)
- State Bureau of Investigations (SBI)
Each of these authorities must act within their jurisdiction and in accordance with the provisions of the Criminal Procedure Code of Ukraine. 
What are the legal grounds for conducting a search?
A search must be conducted on the basis of a ruling by an investigating judge, issued upon a motion submitted by an investigator or prosecutor to the local court within the jurisdiction of the pre-trial investigation body.
The Criminal Procedure Code also provides for cases of searches without a court ruling or urgent searches.
| Type of search | Grounds | Conditions | Specifics |
| Search based on a court ruling | Ruling of an investigating judge | Motion filed by an investigator or prosecutor | The ruling must include: exact address, purpose, and a list of items and/or persons sought. If any element is missing, the search may be deemed unlawful. |
| Search without a court ruling | Exceptional circumstances | Permitted in urgent cases | Allowed in case of risk of destruction of evidence and/or necessity for immediate detention of a person. |
| Urgent search | Urgency of the situation | Conducted without prior court ruling | May be applied in case of risk of loss of evidence, documents, escape of a suspect, and/or threat to life or safety. |
How to act during a search?
During a search, it is important to remain calm and keep the situation under control, as it can be stressful. It is recommended to follow these steps:
- Remain calm and carefully monitor the actions of law enforcement officers.
- Ensure that all actions are carried out in the presence of witnesses (attesting witnesses).
- Verify the existence of a court ruling with details of location, date, time, purpose, and objects of the search.
- Request that all actions be recorded using technical means and reflected in the protocol.
- Avoid disputes or conflicts with the investigative team.
Rights of individuals during investigative actions
- You have the right to legal protection. You may call your lawyer to monitor the procedure and ensure your safety.
- You have the right to review the court ruling, verify the date and listed persons, and obtain a copy before the search begins. Without such ruling, the search is prohibited.
- You have the right to provide comments on the search, which must be included in the protocol.
- At least two impartial witnesses must be present during the search.
- You may request replacement of witnesses if there are doubts about their impartiality.
- After the search, you must be provided with a copy of the search protocol.
What may be seized during a search?
During a search, only items and documents that are relevant to the criminal proceedings may be seized, including:
- items, documents, or data carriers that serve as evidence;
- objects withdrawn from circulation (narcotic substances, cold or firearms without proper permits);
- property that may be subject to seizure to ensure compensation for damages or confiscation;
- items explicitly specified in the court ruling authorizing the search.
When should you call a lawyer?
You should involve a lawyer in the following cases:
- if you have been informed about a future search;
- when law enforcement officers have already started investigative actions;
- if investigators attempt to seize property, documents, or funds;
- if searches are conducted simultaneously in multiple locations (apartment, car, office).
A search is a complex procedural action that carries significant risks of rights violations, property seizure, and formation of an evidentiary base. Criminal defense lawyers at “Prikhodko & Partners” prioritize providing professional legal support to clients from the very first moments of a search. We monitor the legality of actions, document violations, and minimize potential negative consequences for both the client and their business.
Do you understand that a search is planned or already underway? Need legal support? For urgent lawyer assistance during a search in Kyiv or the Kyiv region and to calculate the exact cost of our legal services — fill out the form below!
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What is the difference between an inspection and a search?
The difference between an inspection and a search lies in the specific list of persons who can carry out the specified investigative actions. During an inspection, these are investigators and prosecutors who directly arrived at the scene of the crime upon call. During a search, these are investigators and prosecutors who are necessarily indicated in the ruling of the investigating judge.
Who has the right to search an apartment?
Investigators and prosecutors who are part of the investigative team and specified in the ruling of the investigating judge have the right to conduct a search of an apartment.
Which article regulates the search in the Criminal Procedure Code?
According to the Criminal Procedure Code of Ukraine, a search is conducted in accordance with the provisions of Articles 208, 223, 234, 235, 236.
How to return things seized during a search?
According to Article 303 of the Criminal Procedure Code of Ukraine, a person from whom property or things were seized during a search may file a complaint with the court that issued the search warrant.
How long is a search warrant valid?
The validity period of an investigating judge’s decision to conduct a search may not exceed one month from the date of issuance of such a decision.
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