Віталій Бессонов - Адвокат у кримінальних справах. Захист у кримінальних провадженнях
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UrgentYour Rights6 min

Protecting Relatives' Rights: What to Do When a Loved One is Detained

Short answer

Step-by-step guide for family members of a detainee: who to call, what rights the detainee has, and how to help most effectively. Upon learning of a loved one's detention, it's important to act quickly but thoughtfully. Your support can significantly impact the case.

Published
Legally reviewed
Author
Vitaliy BessonovAttorney-at-law, license No. 1893 dated 18 February 2015

Step-by-step action plan

  1. 1Immediately call the lawyer — +380 (97) 907-62-62
  2. 2Find out: who detained them (police, SBU, GBI, NABU), under what charge, where they are being held
  3. 3Don't try to 'resolve the issue' with law enforcement on your own
  4. 4Don't give money to intermediaries offering to 'help'

When Your Loved One is Detained

Upon learning of a loved one's detention, it's important to act quickly but thoughtfully. Your support can significantly impact the case.

First Actions

Immediately call the lawyer — +380 (97) 907-62-62
Find out: who detained them (police, SBU, GBI, NABU), under what charge, where they are being held
Don't try to 'resolve the issue' with law enforcement on your own
Don't give money to intermediaries offering to 'help'

Detainee's Rights

Right to a lawyer — free legal aid or one of their choosing
Right to notify relatives about the detention
Right to medical assistance
Right to remain silent and not testify against themselves
Detention without a court decision — no more than 72 hours

How You Can Help

Secure a lawyer — this is the most important step
Gather information: timeline of events, witness contacts
Prepare character references for court (from employer, neighbors, colleagues)
Collect documents confirming permanent residence, employment, family
⚠️ Time is critical! In the first 24-48 hours, investigators most actively collect testimony. A lawyer must be present from the very first minute.

Rule of law and case law

What the law provides

  • Constitution of Ukraine — ст. 29, 59, 63
  • Criminal Procedure Code of Ukraine — ст. 20, 42, 208–213
  • Law of Ukraine on Free Legal Aid — ст. 14, 19

What follows from case law

Supreme Court practice covers the moment of actual detention, notification of others, access to counsel and preparation of the detention record. Relatives should preserve facts; legal assessment depends on the case materials.

Official sources

Verify in the Ukrainian Bar Registry

Frequently asked questions

What should be done first?

Immediately call the lawyer — +380 (97) 907-62-62

Which laws govern this situation?

The key rules are contained in the official texts: Constitution of Ukraine — ст. 29, 59, 63; Criminal Procedure Code of Ukraine — ст. 20, 42, 208–213; Law of Ukraine on Free Legal Aid — ст. 14, 19.

Is a Supreme Court conclusion itself a rule of law?

No. Legislation establishes the rule; the Supreme Court interprets and applies it to particular facts. A legal position must be compared with the current law and the circumstances of the specific proceeding.

This material provides general information. Defense strategy depends on the circumstances of each case.

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How to Check a Search Warrant Before the Search Begins

Before a search starts, ask to see the investigating judge’s order and receive a copy. Check its validity period, exact premises, owner or occupier, objects or persons sought, legal basis and execution date. Do not physically resist: record discrepancies, call counsel and place objections in the search record.

How to Record Search Violations in the Search Record

Raise each violation immediately and state the fact, time, participants and requested correction. Before signing, read the entire search record, check the inventory and require statements and comments to be entered without changing their meaning. If an entry is refused, preserve the refusal on video and in a written explanation. A comment does not itself exclude evidence; the court assesses all materials.

Who May Conduct a Search and How to Check Authority

A warrant to search a home or other possession must be executed by an investigator or prosecutor properly assigned in the particular proceeding. Operational officers and specialists may assist but must not independently direct the search in place of the authorized executor. Before searching begins, ask for each person’s name, position and procedural role, compare the warrant, and record any authority concerns on video and in the protocol without physical resistance.

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