Appeal against the ruling of the investigating judge

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Appeal against the ruling of the investigating judge

The decision of the investigating judge is a procedural decision that is taken by the investigating judge after consideration of the petitions submitted by the parties in criminal proceedings. This document determines the possibility or refusal to carry out various investigative actions, such as search, seizure of materials, temporary access to objects and documents, seizure of property, detention, etc. In this document, the judge analyzes the presented evidence and arguments of the parties , makes conclusions regarding their validity and makes a decision that may affect the course and results of criminal proceedings.

What decisions of the investigating judge can be appealed?

According to Article 309 of the Criminal Code of Ukraine, it is possible to appeal any decision of the investigating judge, with the exception of those related to the end of the pre-trial investigation.

A detailed list of decisions of the investigating judge that can be appealed:

  • On the application of measures to ensure criminal proceedings:
  1. Seizure of property;
  2. Seizure of property;
  3. Seizure of accounts and other assets;
  4. Removal from office;
  5. Ban on leaving Ukraine;
  6. Temporary access to things and documents;
  7. Suspension from the right to drive vehicles;
  8. Forced treatment;
  9. Detention;
  10. House arrest;
  11. Electronic control.
  • About permission to conduct investigative actions:
  1. Search;
  2. Notch;
  3. Seizure of mail and other telecommunications shipments.

Deadlines for appealing the decision of the investigating judge:

  • 5 days from the day of its announcement – for participants in criminal proceedings who were present at its announcement;
  • 5 days from the day of receiving a copy of the resolution – for participants in criminal proceedings who were not present when it was announced;
  • 10 days from the day of receiving a copy of the decision – for a person who is not a participant in criminal proceedings.

Where to file an appeal against the decision of the investigating judge?

An appeal should be submitted to the appellate court located at the location of the court where the contested decision was issued.

The appeal must meet the requirements of Art. 396 of the Criminal Procedure Code of Ukraine and contain:

  1. The name of the court to which the complaint is filed;
  2. Information about the contested decision;
  3. Appeal requirements;
  4. Justification of appeal requirements;
  5. List of documents attached to the complaint.

Appendices to the appeal:

  1. A copy of the contested decision;
  2. A copy of the petition, based on the results of which the contested decision was issued;
  3. Evidence justifying appeal claims;
  4. Other documents that the person filing an appeal considers necessary to submit.

Consideration of an appeal against the decision of the investigating judge

An appeal against the decision of the investigating judge is considered by the appeals court within 7 days from the date of its receipt.

Based on the results of the review of the appeal, the court of appeal may:

  • Leave the contested decision unchanged;
  • Cancel the contested decision;
  • issue a new resolution;
  • return the case to the court of first instance for a new trial.

Why is it better to contact an experienced lawyer?

Turning to an experienced lawyer has several advantages when appealing the decision of the investigating judge:

  • Expertise and experience. An experienced attorney has deep knowledge of law, procedural rules, court practice and strategies that will help him better understand your case and effectively defend your interests in court.
  • Preparation and representation. A lawyer will be able to prepare your appeal, collect evidence, formulate arguments and present your case to the court in the best possible light.
  • Strategic thinking. An experienced attorney will be able to develop an appeal strategy, taking into account all possible scenarios and risks, which will maximize the chances of a successful outcome.
  • Knowledge of procedures. The lawyer understands the complexity of the judicial process and knows how to effectively navigate all the necessary procedures, including submitting documents, taking evidence and interacting with other participants in the legal process.
  • Support and consultations. You will be provided with professional support and advice on all matters related to your case, which will allow you to be confident in every step of the legal process.

Therefore, contacting an experienced attorney when challenging the decision of the investigating judge will allow you to have a professional on your side who will represent your interests and help you achieve the best possible outcome.

For consultation or calculation of the price of appealing the decision of the investigating judge – fill out the form below.

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Prykhodko Andrii
Managing partner

Lawyer, Doctor of Laws, recognized media expert on legal issues, legal adviser to famous politicians and businessmen.

Contact now
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