How to obtain the search record and seized-device inventory

What the law requires

Under Article 236(9) of Ukraine’s Criminal Procedure Code, the person whose premises were searched receives the second counterpart of the search record together with the attached inventory of seized documents and temporarily seized items, where such an inventory exists. In that person’s absence, the provision identifies an adult family member or the representative it specifies as the recipient. For a company or institution, the recipient is its manager or representative. Being a suspect is not a condition of this entitlement.

A separate inventory sheet is not always prepared. However, Article 104 requires the record to identify the seized items and documents and the method of identification. Where the list is an attachment, a cover page alone is insufficient to check the seizure. Article 168(3) also requires a copy of the temporary-seizure record to be supplied to the person from whom property was taken or their representative.

Participants must be allowed to read the record before signing. Comments and additions precede signatures under Article 104(4)–(5); Article 236(8) also provides for statements during the search. Article 105 governs the preparation, preservation and certification of attachments by people involved in making or seizing them. Article 106 requires the record to be drawn up during the action or immediately afterwards.

Articles 104 and 107 and Article 236(10) require audio and video recording when executing a judicial warrant to search a home or other premises; the recording is an integral attachment. But Article 236(9) expressly addresses the record and inventory, without automatically supplying a video file to everyone present. Article 107(5), concerning a copy of a recording, refers to court hearings. Access to search footage requires a separate assessment of procedural standing and the applicable request procedure.

What the case law shows

In its judgment of 6 December 2023, case No. 729/700/21, proceeding No. 51-3776км23, the Supreme Court’s Third Criminal Chamber did not treat missing video-recording details in the written record as a substantial breach on the facts: the equipment was announced on camera and the footage captured the search. This concerned a particular documentation defect, not permission to withhold the record. The author’s practical recommendation is to compare the record, attachments and available footage; lacking your copy does not by itself establish that all evidence is inadmissible.

Step-by-step checklist

Suggested request wording

Adapt the following to your circumstances: “During the search at [address] on [date], [devices] were seized. I am [the person whose premises were searched / the duly authorised representative]. Please comply with Article 236(9) and supply the second counterpart of the search record together with the attached inventory of seized documents and temporarily seized items, if prepared. I received [documents and pages]; [specific pages or attachments] are missing. Please inform me of the collection arrangements using [contact details].”

Include the known proceeding number, your details, representative’s authority where applicable, date and signature. Do not invent an unknown number: identify the search by date, address and official. Keep the incoming reference, postal contents list and delivery confirmation, or confirmation from an appropriate electronic submission channel.

Review period, footage and refusal

A motion falling within Article 220 must be considered within no more than three days of submission. A full or partial refusal requires a reasoned procedural decision, whose copy is served or, where service is objectively impossible, sent to the applicant. For another person whose rights are restricted, or their representative, this procedure applies in cases specified by the Code. This is not a general guarantee of receiving every requested document within three days.

Article 221 allows the defence, the victim and the representative of a legal entity subject to proceedings to request access before completion of the investigation and make copies. Exceptions cover security measures and materials whose disclosure at that stage may harm the investigation. Merely owning a phone does not confer all defence rights. Identify the particular search recording, request an opportunity to copy it and seek a decision on the request.

Refusals and failures to act do not all have the same appeal route. Counsel should compare the applicant’s standing, request and specific statutory duty with Article 303(1). Failure to consider a proper motion and refusal to disclose a particular item are different issues. Waiting for copies does not suspend separate property-related deadlines.

Common mistakes

Legally reviewed on 21 September 2026. Author: Vitaliy Bessonov, attorney. This guide concerns search and seizure documentation; returning a device, property restraint and access to device data require separate checks of grounds and deadlines.