Searches and Interrogation: How Businesses Should Act and Avoid Critical Mistakes

On February 26th, an online meeting was held as part of ITU Legal Talks, organised by the IT Ukraine Association with the participation of legal partner — LCF Law Group. The topic of the meeting was  ‘Procedure for Searches and Summons for Interrogation’.

 

 

The speaker of the event, Anastasiia Didenko, Head of Anti-Corruption and сompliance рractice at LCF Law Group, outlined how searches are typically conducted, the most common mistakes businesses make, preparatory steps, and how to act during searches both at home and in the workplace.

   

Among the information shared:

 

According to the statistics presented, in 2024 prosecutors participated in the consideration of 7,583 search warrant applications, while in 2025 the figure reached 8,098 — an increase of at least 7%. These figures represent only part of the overall picture, as they do not include motions considered without a prosecutor’s participation, those initiated by investigators, or searches conducted without a court warrant.

 

The purpose of a search is to identify and seize items and documents containing information relevant to a criminal offence, as well as to establish the whereabouts of wanted persons. As a general rule, a search must be conducted on the basis of a ruling issued by an investigating judge.

 

A search without a court ruling is permitted only in exceptional cases strictly defined by law, including where:

• there is an immediate threat to life or health;
• there is a risk of destruction of evidence or commission of a new offence;
• there is direct pursuit of a suspect (“hot pursuit”).

 

At the same time, so-called “urgent circumstances” may sometimes be used as a formal ground for conducting a search.

Indicators of increased search risk

 

While it is impossible to know about a search in advance, the likelihood may increase in cases involving:

• official requests for documents;
• employees being summoned for questioning;
• public declaration of significant profits;
• corporate conflicts;
• participation in public procurement or active engagement with public authorities.

 

What to verify before a lawyer arrives

 

Businesses should carefully check:

• the validity period of the court ruling (no more than one month from the date of issuance);
• correctness of the address, company name and registration code;
• indication of the specific investigator/detective authorised to conduct the search;
• the list of items or persons subject to search.

 

If the address stated in the ruling does not correspond to the actual premises, or if the ruling has expired, it is advisable to call the patrol police.

 

What not to do during a search

 

Companies and employees should refrain from:

• providing explanations or agreeing to questioning;
• voluntarily handing over personal belongings;
• obstructing the search;
• provoking or insulting investigators;
• using phones or laptops in front of investigators.

 

At the same time, investigators are not entitled to restrict access to legal counsel or prohibit the use of communication devices, food, or access to sanitary facilities.

 

Personal searches and seizure of property

 

A personal search may be conducted if there are reasonable grounds to believe that an individual is concealing items or documents relevant to the proceedings. It must be carried out by a person of the same sex and documented in a separate record. An individual has the right to request that the search be conducted in the presence of a lawyer (with a waiting period of up to three hours).

 

Until the search record is finalised, it is not possible to determine with certainty whether property will be seized. An investigator may temporarily seize property and subsequently apply to the court for its arrest.

 

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