A search of a home or other property is carried out under a ruling of the investigating judge (Articles 234–235 of the Criminal Procedure Code (CPC/КПК)), and the procedure for executing the ruling is set out in Article 236 CPC. The person has the right to have a lawyer present. Items and documents not listed in the ruling are treated as temporarily seized property, and the investigation must separately justify their arrest (freezing).
The lawyer's job is to make sure the search stays within the ruling and that any violations are recorded. We also take part in questioning, inspections, investigative experiments and identification parades, and after investigative actions we challenge unlawful seizures and oppose the arrest of property.
When to seek help
- Investigators have arrived to search your home or office
- You have been summoned for questioning as a witness or suspect
- An investigative experiment, identification parade or other investigative action involving you has been scheduled
- Equipment, money or documents were seized during a search
- A search was carried out without a lawyer and you want its lawfulness assessed
What the lawyer does
Checking the ruling
We check who issued the ruling, which premises and items it lists and whether it is valid, and explain to the client the limits of what is permitted.
Presence during the search
We make sure the search does not go beyond the ruling and that video recording is continuous, as the CPC requires; we record procedural violations.
Monitoring seizures
We check the inventory of seized items and the packing and sealing of equipment and documents, and insist on copying data instead of seizing storage devices where possible.
Objections to the record
We draft written comments and objections so that violations are documented and the defence can rely on them later.
Other investigative actions
We prepare the client for and take part in questioning, inspections, investigative experiments and identification parades, and make sure questions and records are proper.
Return of seized property
We oppose the arrest of temporarily seized property, file motions to lift the arrest and complaints about failure to return items.
Documents to prepare
- A copy of the search ruling, or a photo of it if no copy was handed over
- The search record and inventory of seized property
- Documents proving ownership of the seized items
- Summons to attend an investigative action
- Details of the proceedings: number, investigating authority, investigator
What you get
- A lawyer present during the search or other investigative action
- Comments and objections entered in the record
- An assessment of the lawfulness of the action and a plan of next steps
- Motions and complaints for the return of seized property
Frequently asked questions
What should I do if investigators arrive to carry out a search?
Ask to see their official IDs and to be given a copy of the ruling, notify your lawyer as soon as possible and tell the investigators that you have called a defence lawyer. Do not resist, do not give explanations on the substance of the case and do not sign the record without reading it. Write your objections in the record.
Can a search be carried out without a court ruling?
In urgent cases related to saving lives or property, or the direct pursuit of a suspect, Article 233 of the Criminal Procedure Code (CPC/КПК) allows entry into a home or other property before a ruling is issued. The investigation must then promptly apply to the investigating judge, and the court checks whether there were grounds for doing so.
Can seized equipment be returned?
Property seized without express permission in the ruling is treated as temporarily seized, and the investigation must apply for its arrest within the period set by the CPC. If no motion is filed or the court refuses it, the property must be returned. An arrest can be appealed or a request made to lift it, for example by offering to copy the data.