A copy of the search warrant for the residence can be handed to any present person if you are absent – Supreme Court
The Supreme Court indicated that in the absence of the owner, user, or possessor of the residence, a copy of the investigating judge's warrant for conducting a search of the household may be handed to another person present during the investigative action. Such handing over does not indicate a violation of the search procedure and is not grounds for recognizing the search protocol as inadmissible evidence.
In the case, courts of previous instances found the person guilty under parts 2 and 3 of Article 185, part 2 of Article 289, and part 1 of Article 255-1 of the Criminal Code of Ukraine.
In the cassation appeal, the defense party noted non-compliance with the provisions of part 1 of Article 233 of the Criminal Procedure Code during the entry into the residence or other possession of the person, insisting on recognizing the search protocol of the residence as inadmissible evidence since it was conducted without the possessor's permission.
The Criminal Cassation Court of the Supreme Court left the decisions of the courts of first and appellate instances unchanged.
The panel of judges of the Criminal Cassation Court indicated that according to part 3 of Article 236 of the Criminal Procedure Code, before executing the investigating judge's warrant, the person who possesses the residence or other possession, or in their absence – another present person, must be presented with the warrant and given its copy.
As seen from the search protocol, the investigating judge's warrant for conducting the search was handed to the person who was present during the search of this household.
Thus, considering the provisions of the Criminal Procedure Code, which provide for handing a copy of the investigating judge's search warrant to the owner, user, possessor, or any person present during this investigative action, the appellate court reasonably concluded that no violations of the Criminal Procedure Code norms occurred during the search.
Resolution of the panel of judges of the Third Judicial Chamber of the Criminal Cassation Court of the Supreme Court dated April 2, 2026, in case No. 676/1013/23 (proceeding No. 51-3938km25).
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