Date of publication: 10 October 2025
Kostiantyn Kryvenko, Attorney at Law, Counsel, Head of Criminal Law Practice
Source: NV. Business
It is said that a company’s business activity in Ukraine is measured not by the number of successfully completed contracts, but by the level of interest shown by law enforcement agencies.
Searches of companies, their owners and employees have ceased to be an exception in recent years and have become an almost routine part of business operations. This is especially true for those who work with the state today: participating in tenders, conducting negotiation procedures, and supplying goods or services to state-owned enterprises, institutions, and organizations.
In general, a search is an effective way to obtain evidence of a crime. For example, in the case of theft, a search allows access to the place where the stolen property may be stored and makes it possible to find it. In the case of murder, it allows you to find weapons or other items containing traces of the victim’s blood. In the case of the illegal production or sale of prohibited substances, it allows to find equipment, packaging materials and other evidence of unlawful activity.
When it comes to economic and official crimes, which are inherently more difficult to investigate, law enforcement officers are less likely to find “bags of cash” during searches. Instead, their goal is to find evidence of individuals’ involvement in illegal activities or conspiracies. Therefore, in the rulings of investigating judges, we usually see permission to search for and seize documents, draft notes, seals, telephones, laptops, flash drives, and other media that may contain data about offences or connections between participants.
All this sounds logical, because a search is indeed one of the most effective ways to gather evidence of illegal activity, in particular to confirm a mercenary motive or intent to illegally appropriate funds. However, today in Ukraine searches are increasingly becoming not only an investigative action, but also a news hook and, in some cases, a tool of pressure. This applies primarily to proceedings relating to corruption or economic criminal offences. How society perceives a particular search largely depends on who is the first to release information to the public. If law enforcement agencies do so, businesses are portrayed as “thieves” who are embezzling state funds during wartime. If business representatives speak out first, the search is seen as undue pressure and an attempt to block the company’s operations.
Therefore, businesses and citizens – especially those who are actively engaged in entrepreneurial activities or participate in public procurement – should be prepared for the fact that on a sunny or cloudy, warm or cold, but almost certainly weekday and early morning, a group of people may knock loudly on the door, visiting without an invitation but with a court order.
In offices, scenarios vary: the search may begin with the first employee who arrives at work (often a cleaner), or they may wait until all employees have gathered, turned on their computers, opened their mailboxes, and even logged into the restricted systems such as “1C” or “Medoc”, or until the manager arrives with his phone. In both cases, if the doors do not open for a long time, but there is noticeable activity inside, the law allows forced entry – locks can be broken and access forced.
As for the search procedure, if you find yourself in a situation where the investigator reads out a warrant authorizing a search of the premises where you are located, you should proceed as follows.
Better Call Saul
No one can restrict your right to call a solicitor. So, keep their contact details in your phone and call them immediately if a search begins. The most effective thing you can do I make the call while they are still banging on the door.
Your solicitor will advise you on the first steps to take and give you instructions on what to ask, what to check, how to behave and what to expect next. There is a simple analogy here: in an unpredictable situation, you first call an ambulance and then follow the specialist’s advice.
Request for Clarification of Your Rights
This does not apply only in Hollywood films. Free primary legal aid is a state guarantee that provides individuals with information about their rights and freedoms, obligations, the procedure for their implementation and enforcement, the restoration of rights in case of violation, as well as the procedure for appealing decisions, actions or inaction of state authorities, local self-government bodies, officials and civil servants.
The investigator is obliged to explain to the person their rights and obligations during any procedural action, in particular during a search. For their part, the person has the right to ask an unlimited number of questions to fully understand their rights.
Verification of Authority and Identification of Participants
To prevent unpleasant situations and, if they arise, to be able to correctly record violations during the investigation, it is worth identifying everyone present. Of course, in a stressful situation, after they have introduced themselves and shown their ID, everything will quickly be forgotten. Therefore, it is necessary to have a piece of paper handy (not a phone, as it may be confiscated) and write down the contact details and ID numbers of uninvited guests.
This reduces the risk of unlawful actions by officers, as they are easily identifiable and their actions can be reported. This creates additional control through reports, memos and internal investigations, and as a result, all participants will be more politely and cautiously.
Verification of The Legal Grounds for a Search
As a general rule, a search is conducted on the basis of a ruling by an investigating judge, which specifies a specific list of items and documents to be found and, if necessary, seized.
The order must contain, in particular:
- the period during which entry into a person’s home or other property is permitted;
- the exact address of the home or other property to be searched;
- the specific items, documents or persons sought.
First of all, it is necessary to check the period of validity of the order and the address at which the search is permitted.
If the order has expired or the address is incorrect, there are grounds for suspending the investigative action and requesting the uninvited guests to leave the premises. Of course, there are exceptions to the rules, and the investigator can theoretically conduct a search anyway, but the results of such an action will be highly questionable.
Continuous Video Recording and Witnesses
Investigative authorities have long been using video cameras during searches. This partially resolves issues of courtesy, compliance with legal requirements and adherence to search rules. Witnesses are usually individuals aligned with the investigator’s side – this practice has become commonplace, especially for the participation of elderly people.
If possible, it is recommended to involve your own witnesses – for example, neighbours, if they are willing to spend a few hours of their time on this event and you do not mind them watching law enforcement officers go through your personal belongings. This enhances integrity to the actions of law enforcement officers and creates an additional level of control.
Seizure of Items and Documents
As a general rule, only those items and documents for which the investigating judge has given explicit permission may be seized, but in practice this does not always work.
Firstly, investigating judges usually copy the investigator’s request regarding the list of property to be found and seized. This list is mostly formulated in a very abstract manner, which effectively leaves the investigator with the right to decide independently what exactly is subject to seizure. For example, rulings often contain the following wording: “seizure of company documents that are relevant to criminal proceedings”. Thus, it is the investigator who determines which documents are relevant and which are not, and may seize an entire room of the company’s original documents.
The situation is similar with digital evidence – information on computers, flash drives, hard drives, servers, etc.
Secondly, the legislator has left the investigator the possibility to temporarily seize property even without the direct permission of a judge. The question of the legality of such seizure is decided later in court, where, as a rule, the owners are invited. In the event of a truly arbitrary seizure, the court may refuse to arrest it and oblige the owner to return the property. However, court proceedings are often protracted and the property may remain in the investigator’s office for months, during which time the owner is effectively deprived of the opportunity to use it.
In the practice of Ilyashev & Partners Law Firm, there are many cases in which we have successfully challenged in court the seizure of property that was not relevant to the case. For example, in the most recent case, we prevented the seizure of a significant amount of cash seized from a client. In addition, the court ordered the investigator to return the money to its lawful owner.
In light of this, the task of the person being searched, together with their lawyer, is to minimise the amount of property taken and limit it only to what is necessary. During this process, it is important to combine diplomacy, in-depth knowledge of the law and the ability to apply it, including an understanding of the personal responsibility of officials for unlawful actions in the performance of their duties.
Leaving Comments About Guests and Recording Violations
In fact, the only thing that the law gives a person during a search is the right to make objections and comments in the protocol. You can also leave your emotional comments on video, although it is unlikely that anyone will watch it unless the recording is needed in court.
Nevertheless, recording objections in the protocol and/or on video is an important tool for further defence. It helps to defend violated rights: the right to personal inviolability of the home, the limited right to peaceful possession of property, and also calls into question the results of the search. Accordingly, evidence obtained in violation of rights may be deemed inadmissible by the court.
In the event of actual violations by law enforcement officers who conducted the search or were present, it is critically important to record everything in the protocol and on video. This is your insurance policy in case of further legal proceedings.
What Should You Not Do During a Search?
During investigations of official and economic crimes, those involved usually do not believe that they have done anything wrong. Unfortunately, investigators and prosecutors rarely share this opinion. Therefore, it is pointless to try to convince the investigator at 7 a.m. that “these hands have stolen nothing” or to help him find documents that, in your opinion, prove the legality of the business transaction. For the investigator, these documents are a way to find evidence of a crime.
During a search, you should not actively assist the investigator in finding evidence that he considers significant. It is much more effective to provide a well-founded legal position and evidence of your non-involvement at the next stage of the process.
There is no need to give evidence during or immediately after the search. Psychology proves that the same event is perceived differently in a calm state and under stress, for example, during an early visit by law enforcement officers.
As for passwords for your phone, laptop or computer: refusal is usually interpreted as grounds for their temporary seizure, but it is more difficult to access the information. Voluntarily providing a password reduces the risk of seizure, but at the same time gives the investigator full access to all data, including deleted data. Therefore, the decision to provide passwords must be made carefully, taking into account what information is stored there and how it can be interpreted by third parties.
It is strategically important to understand that the investigator is already convinced of your involvement in the crime. One explanation will not be enough to convince him otherwise. Passive and calm behaviour during the search is the best tactic to minimize the risk of providing additional information.
Further Actions After the Search
Usually, a search ends with one of three scenarios, which differ in the level of negative consequences for the person being searched.
First scenario: they came, conducted a search, found nothing and seized nothing. This is a fairly common outcome, especially among newly established anti-corruption agencies that try to “take something, just for the sake of it.” However, the question arises: was it worth violating the constitutionally guaranteed right to inviolability of the home? Individual responsibility is always relevant. In the end, we can say that the search ended with a slight scare.
Second scenario: they conducted a search and seized property, and handed over a summons for questioning as a witness. The owner, together with his lawyer, most likely entered an objection in the protocol, as he does not agree with the seizure. The next step is to analyze the ruling and understand the facts of the case, assess the seriousness of the situation, and prepare for questioning. At the same time, we take steps to return the property: we appeal to the investigator or investigating judge. Regarding phones and computers: if they are password-protected, the equipment will be sent for examination; if they are unlocked, operatives or investigators will work with them. Do not expect a quick return, even if promised.
Third scenario: in addition to the search, a notice of suspicion is served, and possibly detention. Here the situation is really serious. The main focus should be on the preventive measure, not the seized property. Everything else can come later.
A search is always an unexpected and stressful event, but knowledge of the procedure, legal grounds, opportunities to record violations, and competent work with a lawyer allow you to maintain control over the situation and minimize risks. Every step, from calling a solicitor to drafting objections in the protocol, is important for protecting your rights and property.
Our team has many years of experience in handling such processes and can quickly assess the situation, develop an optimal strategy, and find a solution even in the most difficult circumstances.
And remember, a search is like morning coffee: it comes unexpectedly, wakes you up, scares you a little, but with the right approach, it helps you start the day with a clear head and readiness for anything.
