UrgentProcedures6 min

Search & Seizure: How to Behave and What to Watch For

Short answer

Action algorithm during a search at your home, office, or vehicle. What documents must be presented, and how to monitor legality. As a general rule, a search requires an investigating judge’s order; Article 233 CPC expressly provides a narrow urgent-case exception. Knowing the procedure allows you to document violations and challenge the results.

Published: 30 April 2026
Legally reviewed: 22 July 2026
Author: Vitaliy BessonovAttorney-at-law, license No. 1893 dated 18 February 2015

Step-by-step action plan

1Immediately call lawyer Vitaliy Bessonov: +380 (97) 907-62-62
2Demand to see the investigating judge's search warrant
3Verify: the address in the warrant, your name, the issuing authority, the date
4As a general rule, a home search requires at least two attesting witnesses; during martial law Article 615 CPC provides a special exception with continuous video recording

Action Algorithm During a Search

As a general rule, a search requires an investigating judge’s order; Article 233 CPC expressly provides a narrow urgent-case exception. Knowing the procedure allows you to document violations and challenge the results.

First Things First

Immediately call lawyer Vitaliy Bessonov: +380 (97) 907-62-62

Demand to see the investigating judge's search warrant

Verify: the address in the warrant, your name, the issuing authority, the date

As a general rule, a home search requires at least two attesting witnesses; during martial law Article 615 CPC provides a special exception with continuous video recording

What to Monitor

Items outside the order may be treated as temporarily seized property; items legally withdrawn from circulation are handled separately

Every seized item must be described in the search protocol

You have the right to make remarks to the protocol — document all violations

Do not physically resist; calmly record actions, objections and violations in the protocol

⚠️ Entry without an order is permitted only in the urgent cases defined by Article 233 CPC. Afterward, the prosecutor or investigator with prosecutorial approval must apply to the investigating judge without delay; refusal to authorize the search triggers the evidentiary consequences set by the CPC.

Your Rights During a Search

Be present and observe all actions

Demand that your lawyer be present

Make remarks to the protocol

Receive a copy of the search protocol

Challenge the investigator's actions in court

Rule of law and case law

What the law provides

Criminal Procedure Code of Ukraine — ст. 104, 107, 223, 233–236

What follows from case law

Supreme Court case law distinguishes substantial procedural violations from formal defects: not every defect automatically excludes evidence, but the court must assess its effect on individual rights and reliability.

Official sources

Verify in the Ukrainian Bar Registry

Frequently asked questions

What should be done first?

Immediately call lawyer Vitaliy Bessonov: +380 (97) 907-62-62

Which laws govern this situation?

The key rules are contained in the official texts: Criminal Procedure Code of Ukraine — ст. 104, 107, 223, 233–236.

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.