Your equipment has been seized

A phone, a computer, a server, disks. From here two separate questions: what will happen to the device itself, and what will happen to what is recorded on it — and the provisions that govern them are different.

Three different events

“Taken away” is at least three different procedural actions, and each has its own way back.

1. Temporary seizure of property

   What counts as temporarily seized property is defined by ст. 167 КПК; the procedure — by ст. 168 КПК. If the things were taken during a search, ст. 236 КПК is added: the execution of the ruling, the handling of computer systems on the spot, and the temporary seizure of things.

2. Attachment of property

   Temporarily seized and attached are not the same thing. The purpose of attachment of property and its grounds are named in ст. 170 КПК; this is a separate decision of the court.

3. Temporary access to things and documents

   One more separate procedure — ст. 159 КПК. It matters when what was taken includes something the Code classes as a secret protected by law: their list is in ст. 162 КПК, and personal correspondence is named there expressly.

The clock that has started

Temporary seizure does not last indefinitely. The period within which an application for the attachment of the seized property is filed is set by ст. 171 КПК; what the investigating judge (слідчий суддя) ascertains — ст. 173 КПК. The count runs from the date in your record (протокол).

The device and what is on it

On computer systems and mobile terminals ст. 168 КПК speaks separately: it contains a prohibition on seizing them, the exceptions to it, the copying of information with a specialist engaged, and the leaving of a copy with the owner at the owner’s request — where this is technically possible.

Access to the content of private communication is a different axis: the secrecy of communication — ст. 14 КПК; interference with it — ст. 258 КПК; private life and correspondence — Article 8 of the Convention.

Passwords, separately. The right not to give testimony concerning oneself and close relatives is enshrined in Article 63 of the Constitution of Ukraine. Whether it extends to a password is a question for the advocate, and it is asked before it is answered.

How the digital channel in the proceedings is built is gathered separately. Digital evidence and covert investigative actions (НСРД) Full legal analysis is published in Ukrainian.

When it is returned

There are two roads back as well. The termination of temporary seizure — ст. 169 КПК; the lifting of an attachment — ст. 174 КПК. The keeping and the fate of things recognised as physical evidence are defined by ст. 100 КПК.

A separate reason for long non-return is expert examination: the grounds for conducting it are named in ст. 242 КПК.

If it is not returned, the inaction of the investigator and the prosecutor is challenged before the investigating judge (ст. 303 КПК). The list of rulings of the investigating judge that are appealed in the appellate procedure is ч. 1 ст. 309 КПК; by its Decision of 21 July 2026 No. 8-р(II)/2026 the Constitutional Court of Ukraine held this part unconstitutional in that it does not provide for an appeal against the refusal of a complaint concerning the non-return of temporarily seized property, and by the text of the Decision it loses effect from the day of its adoption. The right of property is also protected by Article 1 of the First Protocol to the Convention.

What to do

1. The description — item by item, not “a box of equipment”

   Each device and each data carrier as a separate entry: make, model, serial number or IMEI, condition, how it was sealed.

2. Take a copy of the record

   From here the defence works with this document, not with a retelling of what was said on the spot.

3. Write down what was done with the data in your presence

   Whether the device was switched on, whether correspondence was viewed, whether information was copied, whether passwords were asked for — and whether this went into the record.

4. Count what has stopped

   Work, accounting, medical treatment, contact with family. The consequences of an attachment of property for the person are among what the investigating judge takes into account under ст. 173 КПК; they are supported by documents.

What you must not do

1. Do not act on the device remotely

   Do not reset it, do not log out of accounts, do not delete anything — and do not ask others to do so.

2. Do not arrange the return “unofficially”

   The return of the equipment is a procedural question and is decided by documents.

3. Do not describe the circumstances in a messenger, a letter or a form on a website

   The details of the case are passed to the advocate by voice or in person.

What to read next

If the equipment is being taken right now — what to do on the spot is gathered separately. A search is under way

Attachment of property