The role of a lawyer in protecting a business during investigative actions, or why looking for a lawyer after a search is too late

In 2025, investigating judges received more than 100,000 motions seeking permission to conduct searches. More than 80% of them were granted. The number of refusals is decreasing every year. However, the actual number of searches is even higher. Investigators are increasingly using the tactic of an "urgent search," followed by the legalization of its results in court. Today, the most common reasons for law enforcement officers to pay a visit are economic crimes, tax evasion, and collaborationist activities.

Even if a business operates transparently and pays all its taxes, the risk of a search remains high. Not all investigative actions are justified. Quite often, they are an instrument of pressure on entrepreneurs, the result of problems involving business partners, or an прояв of unfair competition. In such circumstances, the participation of a lawyer is critically necessary. Professional oversight of compliance with procedural rules makes it possible to prevent exceeding the powers granted by the court, mitigate the risks of the groundless seizure of assets, and ensure the psychological well-being of employees.

The increase in the number of searches is associated with the intensified activities of NABU, the ESBU, and SAPO. Investigative actions without a lawyer present provide an opportunity to catch company employees off guard and obtain uncontrolled access to servers, documents, and personal phones. Rudeness and intimidation of company employees, as well as exceeding official powers, are frequent features of searches conducted without witnesses. However, the presence of a lawyer changes the atmosphere. A defense lawyer has the right to record every action taken by law enforcement officers. The recorded materials may become decisive evidence and affect the course of the case. The legal company "Bolinskyi and Team" told UNN about the role and importance of a lawyer.

Today, a significant proportion of searches are conducted as "urgent investigative actions." The usual grounds for a search without a prior court order are a subjective assertion that "the evidence may be destroyed." By using this loophole, law enforcement officers bear no responsibility either when these actions were unjustified or if the case subsequently "falls apart" in court.

The first person to call

A lawyer is the first person to call in the event of a search. Their presence is critically important. Arrangements should be made in advance with a professional who can be contacted in the first minutes after the situation develops, rather than searching for contacts among colleagues, acquaintances, or on the internet. There may simply be no time for that. The best option is to be prepared for a search: prepare the staff, designate responsible persons, and conclude an agreement with a lawyer who can be contacted promptly.

How critical the search and its consequences will be depends not only on the circumstances of the client's case but also on the lawyer's work.

"There have been many situations when a search promised to be aggressive, — says Sviatoslav Bolinskyi, CEO of the Bolinskyi and Team law firm. — But in reality, the outcome is determined not by who shouts the loudest, but by how well the lawyer can "read" the situation and respond to it promptly. One of my cases involved searches being conducted simultaneously at three locations. I was at one address, while at the other two I remotely advised employees on their actions and, in parallel, communicated with the investigative and operational teams. We immediately agreed on the basic framework: how the procedural actions would be carried out in terms of legality and the relevance of the suspicions. I immediately explained that we would cooperate, provided that they did not obstruct the company’s work or seize anything unrelated to the case. As the next step, I asked them to read out the list of items and documents that they were authorized to seize. After that, I clarified whether cash, laptops, and data storage devices were included in this list. It is important to understand that even without cooperation, the investigators would have been able to open the safe and would then have seized the cash. Computer equipment would also have been seized. In this situation, the key was to ensure that there were no procedural violations and to monitor that everything was conducted in accordance with the provisions of the Criminal Procedure Code of Ukraine. As a result, not a single flash drive, laptop, or banknote of cash was seized".

The professional and balanced position of a lawyer is to immediately determine what exactly the investigators are looking for, where these items, documents, or information may be located, what the subject of the search is, and what has already been discovered. The most important thing is to understand how to get the client out of this situation with minimal losses. Under such circumstances, investigators often "miss" details that could become critical.

Duties and rights

Let us emphasize this: the law must be observed by both sides. Knowing your rights often helps prevent an undesirable development of the situation. Law enforcement officers are required to comply with the requirements of the Criminal Procedure Code: to have an appropriate court order, ensure the presence of a lawyer, conduct video recording, and not seize property without proper grounds.

If a special unit enters an office and forces everyone to lie face down on the floor, you should comply with the demands, but at the same time you have the right to request a lawyer, preferably with the request recorded on video. The investigator is obliged to ensure this possibility. A search may begin without a lawyer. This is often exactly what happens. However, a statement recorded on video is an important part of subsequent defense.

Employees and business owners are required to provide access to the premises specified in the court order. The document must state the address and the name of the company where the search is being conducted without errors. If there is even a one-letter or one-digit inaccuracy, the lawyer has grounds to object to access to the premises, since investigators have no right to conduct a search at such an address. 

You should not resist the search. This may constitute grounds for criminal liability. The company’s responsible representative has the right to record all violations committed during the investigative action in the official record. The lawyers of "Bolinskyi and Team" do not advise refusing to sign this document. Even without a signature, it will remain valid; however, the company and the lawyer will not receive a copy of the record, which will significantly complicate the defense of the business. 

A lawyer’s assistance can protect a company from critical problems and significant losses. Any violation of the search procedure, such as preventing the defense lawyer from participating, constitutes grounds for declaring the evidence obtained inadmissible. The most frequent complaints from businesses concern the lack of grounds for investigative actions and the seizure of computers, office equipment, telephones, documents, and means of production. Such actions by law enforcement effectively block the company’s operations, making it impossible for it to continue its activities.

A search is a game of chess

The seizure of documents and equipment may lead to a complete halt in operations, even  if no criminal proceedings are opened against the company. The process of returning property often takes an endlessly long time. In addition, the reputation of a business may be significantly affected by the unscrupulous actions of competitors or other interested parties, "black PR," and disinformation injections. A lawyer’s professional actions and a properly chosen defense strategy can save the company.

"It is important to understand: a lawyer cannot physically obstruct an investigator if the latter has decided to seize something. However, counsel closely monitors the legality of the procedure so that every illegally obtained piece of evidence can subsequently be challenged in court, — notes Sviatoslav Bolinskyi. — Many people have seen videos in which a lawyer arrives and starts aggressively "throwing his weight around." As a result, law enforcement officers force everyone face down onto the floor, and the tension rises to a maximum. I am convinced that defending a client does not mean worsening the client’s position. A lawyer at a search is, to some extent, a mediator. Sometimes it is worth acting as calmly as possible: carefully read out the ruling, explain the rights, and demand the identification of every banknote or document. At other times, a certain degree of acting skill is needed to lower the "temperature" of aggression from the силовики or to gain time to consult the CEO and staff. Employees themselves are often the weakest link. Under stress, people may say too much on camera, which in the future could destroy the defense strategy".

Under the Criminal Procedure Code of Ukraine, a lawyer has the right to be admitted at any stage of a search. The task is to protect the client’s rights and preserve property. If the ruling specifies a particular address and a clear list of items and documents that may be seized, this means that the search may be conducted only within those limits — without seizing servers or personal phones if they are not specified in the ruling. To avoid the seizure of servers and documents, lawyers from the legal company "Bolinskyi & Team" insist on copying the information instead of physically seizing equipment and documents. Personal laptops and smartphones should also not be used for work purposes. As a rule, they are significantly less well protected, and it is much easier to gain access to information stored on such devices.

"There is an important nuance regarding seizure, — Sviatoslav Bolinskyi explains. — If the ruling does not specify the right to seize personal phones, I say directly: "We will not unlock them; you do not have the right to do so." Yes, they may physically take them, but the legality of such actions will already be seriously questionable".

If a seizure is conducted during a search, the lawyer ensures that the protocol contains a detailed description of every item, piece of equipment, and document. This concerns not only names, but also serial numbers, a description of the physical condition, and even the numbers of banknotes. Law enforcement officers often try to avoid the last point, limiting themselves to photographing the money. The situation with cash is ambiguous: the seized funds are deposited with the Treasury, and although the law requires that the same funds be returned, this is technically impossible. That is why it is important to ensure that the returned banknotes are of appropriate quality.

Investigators often try to save time and enter generalized phrases in the protocol, for example: "a red folder seized." For a business, this is a real catastrophe, because the company is left with neither the original documents nor a proper seizure report, nor any understanding of exactly what was taken away in the boxes. The lawyer’s task — is to force the investigative team to describe every sheet.

The chaotic conduct of a search is not merely incompetence, but a dangerous opportunity to plant items that may become the driving force behind criminal proceedings. The lawyer ensures that investigative actions are conducted consistently, thereby excluding the risks of manipulating evidence.

If you want peace, prepare for war 

Sviatoslav Bolinskyi: "Today, we are seeing increased pressure on businesses due to tax changes, tighter controls, and growing activity by investigative authorities. Each of us has "our own" therapist or dentist whom we turn to first if a problem arises. The situation is similar with legal protection, but there is one critical nuance—the time factor. While it is possible to make an appointment with a doctor and wait, during a search or other investigative actions, you have only 15–20 minutes to call a lawyer. There will simply be no time to search, check references, or deliberate. Especially if law enforcement officers arrive in the evening—it is practically impossible to find a lawyer "here and now".

If there is no prior agreement with a lawyer, a company risks being left without legal assistance precisely when it is critically necessary.

Only a lawyer may represent interests in criminal proceedings. It is best if they arrive within the first 15 minutes of a search, rather than a year and a half later while preparations are being made for court hearings, while the company’s operations remain blocked all that time.

A business tip: it is worth concluding an agreement with a lawyer in advance on a pro bono basis, with payment for the work actually performed. Such a document does not create any financial obligations, but it establishes an "emergency button" that can be used if a critical situation arises.