Urgent consultation after a search or summons by the ESB, police or SBI

Urgent situations involving law‑enforcement authorities — a search, an unexpected visit from investigators, or a summons for questioning by the ESB, police, or SBI — are always stressful and carry risks for the business and personally for the executive. In such moments, two things become critical: understanding your procedural rights and the speed of engaging a lawyer who can promptly take the situation under control.

What to do during a search: a step‑by‑step guide without panic

A search almost never happens “for no reason” — it is the consequence of an already initiated criminal proceeding in which you or your business already has a procedural status, often without even knowing it. Therefore, a search should be seen not as a temporary inconvenience, but as the start of a serious criminal‑law conflict with the state.

The first thing you should do is to inform your lawyer as quickly as possible and insist on allowing defence counsel to take part in the search. The right to legal assistance is guaranteed by the Constitution and the Criminal Procedure Code, and investigators are not allowed to prohibit the presence of a lawyer, except for a few exceptional cases that rarely occur in practice. Even if the lawyer cannot arrive immediately, they can instruct you remotely and record violations for further appeal.

Before letting investigators into the premises, it is important to calmly check their documents: official IDs, the court order authorising the search, the correctness of the address, the case details, and the validity period of the order. The presence of “extra” persons without procedural status (operatives from other bodies, unknown “witnesses”, technical specialists without documents) must be recorded, and you should demand that they be listed in the record. If the court order does not correspond to the actual location or its validity period has expired, you have the right to draw the investigator’s attention to this and object to the investigative action.

During the search itself, your task is not to interfere, but also not to become a passive observer. Every action of the investigators should be documented: who is looking for what, which rooms are inspected, which data carriers are copied or seized, and which documents are presented as a basis for accessing safes, servers, or employees’ personal lockers. Where possible, it is advisable to carry out video recording of the search — both with your own means and by demanding technical recording within the framework of the investigative action. If investigators restrict video recording, this must be stated separately in the record.

Particular attention should be paid to the list of property and documents that are seized. A court order always contains an indicative list of what may be subject to seizure, and any “wide” seizure of everything in sight (servers, equipment, employees’ personal phones, documents clearly unrelated to the case) must be challenged. You have the right to submit comments to the record and to request that the seized items be described as precisely as possible (serial numbers, unique features) to avoid “substitution” or loss of property in the future.

It is equally important to control communication between employees and law‑enforcement officers. Investigators often “informally” question staff during a search, effectively collecting statements outside the formal procedure. Your role as an executive is to set a clear rule: employees do not provide explanations without a lawyer, do not sign documents they do not understand, and may refuse to answer questions that could harm the company or them personally.

“ESB lawyer urgently”: why timing and specialised expertise are decisive

When dealing with the Economic Security Bureau (ESB), you are interacting with an agency that focuses specifically on economic and tax‑related offences. This means that ESB investigators and analysts handle financial indicators, tax returns, and internal corporate regulations no worse than the company’s own employees. At the same time, their goal is to identify elements of a crime rather than to understand your business processes. That is why a “general” criminal lawyer without experience in tax and financial matters is often not effective enough in such cases.

The key criterion for choosing defence counsel in these matters is their experience specifically with ESB cases, the former tax police, the Security Service of Ukraine’s economic units, and complex economic investigations by the police or the State Bureau of Investigation. A lawyer must be well‑versed not only in the Criminal Procedure Code but also in tax law, accounting, financial analysis, and your business model. Otherwise, they will be unable to properly counter the arguments of detectives who build their suspicion on the “economics of the crime” — alleged understatement of the tax base, fictitious transactions, sham supplies, and similar claims.

Speed of response is crucial here. The ideal scenario is when a business has a pre‑existing agreement with a lawyer, a clearly defined emergency call‑out procedure, and a contact person who immediately informs the legal team in case of a search or summons. Practice shows that those who try to “find a lawyer later” often lose the most important time — the initial investigative actions have already been carried out, the seized property has been taken away, the first uncoordinated explanations have been given, and the records have been signed without comments.

A specialised lawyer can radically change the situation in your favour: they monitor compliance with procedural rules during searches and interrogations, document violations so that evidence can later be declared inadmissible, help to build the company’s position (what to explain, which documents to provide, how to justify the economic logic of transactions), and proactively file motions, complaints, and applications for the return of property.

Confidentiality is also essential: communication with a lawyer is protected by law, so any attempts by investigators to obtain the content of legal advice violate professional secrecy. The sooner you shift your interaction with law‑enforcement bodies into the framework of formal legal representation, the more precisely your steps and risks can be assessed.

Summons for questioning: how not to harm yourself

A summons for questioning by the ESB, police, SBI, or any other law‑enforcement body is often perceived as a “formality” — especially when the investigator assures you over the phone that “you are not at risk, we just need to clarify a few things”. This is one of the most dangerous illusions. Any explanations you give automatically become evidence in the criminal case, and later it may be impossible to correct an unfortunate word or a phrase that was “misunderstood”.

The first step is to check the legality and form of the summons. A proper procedural summons must be issued in writing, using the prescribed form, and must include the details of the criminal proceeding, your status in it (witness, suspect, representative of a legal entity, etc.), as well as the date, time, and place of questioning. A phone call without a subsequent proper document does not create a legal obligation to appear, and your lawyer can always clarify the details with the investigator officially.

The second mandatory element is preparation for questioning together with your lawyer. This does not mean “learning a false version”, but requires clear structuring of what you actually remember, which documents confirm it, and where your factual knowledge ends and assumptions begin — the latter are better left unsaid. The lawyer helps to distinguish between facts, opinions, and subjective judgments and explains which questions you are entitled not to answer if they may harm you or your business.

During questioning, your behaviour should be carefully considered: you may use notes, consult with your lawyer, request a break, insist on removing words you did not say from the record, and add your own comments before signing. Do not agree to an “informal interview without a written record” — all statements must be properly documented, and every page of the record should be read carefully; refusal by the investigator to include your comments is a ground for filing a complaint.

Always remember the limits of your knowledge: if you are not sure about dates or amounts, it is safer to say “I do not remember” or “this needs to be clarified in the documents” than to guess — inconsistent or inaccurate testimony can easily be used against you. A lawyer will help you stop unnecessary explanations in time and reduce the risk that your words will be used to construct an unfavourable version of events.

Why speed of response is the key defence factor

In dealings with the ESB, police, or SBI, time almost always works in favour of the state: the authority has already gathered a certain amount of information, obtained court orders, and carried out its analysis, while you are only just learning about the case. Delaying contact with a lawyer means that the first key procedural steps take place without your defence, and their consequences are difficult to undo.

A quick response allows you to build a defence not “after the fact” but almost from the moment of first contact with law‑enforcement officers. If a lawyer is involved immediately during a search, they can prevent unlawful seizure of critical equipment, limit interference with trade secrets, and reduce the negative impact on operations. If counsel accompanies you to the first questioning, they ensure that you do not provide excessive or self‑incriminating information that cannot later be “taken back”.

For a business, speed is a way to minimise reputational and operational damage: during a search conducted in the presence of employees or clients, it is important to promptly establish internal communication, explain to staff what is happening, and give clear instructions regarding their conduct, to calm the team and reduce the risk of information leaks.

Prompt engagement of a lawyer makes it possible to defend yourself proactively: quickly file motions with the investigating judge, initiate your own expert examinations and economic calculations, collect and preserve evidence in favour of the business that may otherwise be lost or altered over time. In serious criminal cases, the question is therefore not “whether you need a lawyer” but “how quickly the lawyer can be on site”.

If you face issues or problems related to a search, a summons for questioning by the ESB, police, or SBI, or any unexpected investigative actions concerning your business or you personally as a director or owner, do not delay seeking legal assistance from LC “WINNER” — in such situations, every hour can be decisive for the outcome of the case.

Author: Ihor Yasko, Managing Partner at WINNER Law Firm, PhD in Law.