A company search: documents and roles to prepare in advance

Short company plan

1. Assign responsible people and deputies

Decide who meets authorized officers, calls management and counsel, accompanies the search for the company, handles IT questions and keeps an internal chronology. Appoint a deputy for each role. Keep the contact list available to the duty team without exposing client material. An internal plan may identify the lawyer, premises, server and archive custodians, and the location of organizational records. Do not put passwords or unnecessary sensitive data in it.

2. Check the legal basis and scope

As a general rule, entry into a home or other possession requires the holder's voluntary consent or an investigating judge's order; Article 233 of Ukraine's Criminal Procedure Code provides narrow urgent exceptions. Business premises may fall within 'other possession'. Before executing an order, the officers must show it and hand a copy to the holder or another person present under Article 236. Record its validity period, address and part of the premises, the prosecutor or investigator who filed the application, and things, documents or people sought under Article 235. Separately record who actually conducts the search under Article 236(1). Raise questions with counsel and place factual objections in the record; physical obstruction may create additional risks.

3. Involve counsel from the outset

Under Article 236, an investigator or prosecutor must admit counsel with proper proof of authority, and legal assistance cannot be restricted at any stage. Call counsel immediately and record call and arrival times. The Code does not set a general rule requiring an entire office search to stop until counsel arrives.

4. Map systems and assign a data custodian

The IT custodian should know where servers, workstations, backups and company accounts are located and who may speak for the company about access. Record devices examined, copied or seized, including serial numbers and storage media. Do not delete, alter or hide data. Article 168 places conditions and exceptions on temporary seizure of electronic systems and mobile terminals. It provides for copying information with a specialist in specified circumstances; when a computer system or part of it is temporarily seized, its holder may require copies of the information to be left with them. Where technically possible, copying uses the holder’s media and technical equipment with a specialist’s involvement. This rule excludes information whose circulation is prohibited by law; restricted-access information remains subject to statutory circulation and protection rules under Article 168(2). This does not guarantee that every device stays with the company.

5. Keep a chronology and state objections

Record the start and end times, participants, rooms, storage locations, devices, requests and responses. A court-authorized search requires audio and video recording; the defense may make its own unobstructed video recording under Articles 107 and 236. Coordinate recording with counsel while protecting people and confidential information. Article 104 requires a written record of the course and results of the action. Ask to include important statements about search limits, data copying and third-party property. State facts rather than declaring the entire search automatically unlawful.

6. Check the seized-property list and obtain a copy

Seized items and documents outside the list expressly authorized for search by the order, and not prohibited from circulation by law, are treated as temporarily seized property under Article 236(7). Check each item's quantity, name, serial number, packaging and place found. Ask that inaccuracies and objections be recorded. The second copy of the search record and inventory is handed to the person searched or their representative; for a company, to its head or representative under Article 236. Preserve those records securely for counsel.

7. Review the search afterward

Compare the official record with your chronology, inventory missing equipment, preserve backups and identify interrupted business operations. Counsel should assess the order, record, videos, seizure grounds and possible procedural steps in the particular case. A record defect alone does not automatically return property or decide the criminal proceeding.

Common mistakes

Conclusion

Useful preparation means designated people, accessible counsel, a map of systems, preserved data and accurate search records. A legal position requires review of the order, record and case material. This is general information, not advice on a particular case.