Phone calls, messenger chats, and other private communications are protected by law. Law-enforcement authorities cannot wiretap a person merely on suspicion, for operational curiosity, or to obtain extra information.
At the same time, Ukrainian law allows temporary restriction of the secrecy of communications during the investigation of criminal offences. Statutory grounds must exist, and officers must follow the prescribed procedure.
It is important to distinguish lawful covert investigative actions from unlawful installation of a bug, hidden camera, recorder, or other device by a third party. Technically these are different threats that require different detection methods.
What counts as interference with private communications
Article 31 of the Constitution of Ukraine guarantees everyone the secrecy of correspondence, telephone conversations, telegraph, and other communications. Restriction of this right is permitted only in cases established by law and, as a general rule, on the basis of a court decision.
Communications are private when the participants have reasonable grounds to expect that the content will not become available to third parties. This covers not only ordinary phone calls, but also messenger messages, email, video calls, and other information channels.
The Criminal Procedure Code of Ukraine provides for several forms of interference with private communications:
1 Audio and video control of a person. Covert recording of conversations, behaviour, movement, or other actions using technical means.
2 Control of correspondence. Seizure, examination, or removal of postal items where they may contain information relevant to criminal proceedings.
3 Interception of information from electronic communications networks. Obtaining and recording information transmitted over communications channels without the knowledge of the person using them.
4 Obtaining information from electronic information systems. Access to data processed or stored in such systems, in the manner prescribed by law.
“Wiretapping” is therefore broader than a hidden microphone in a room. Interference may occur at the electronic communications network level, through software on a device, or via a physically installed covert device.
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When law enforcement may lawfully wiretap a phone
Wiretapping and other covert investigative actions cannot be carried out arbitrarily. Lawful interference with private communications requires a combination of legal and factual grounds at the same time.
1 Pending criminal proceedings. Covert investigative actions are used not for general intelligence gathering about a person, but within a specific pre-trial investigation.
2 Inability to obtain the necessary information another way. The investigator or prosecutor must justify why ordinary investigative actions are insufficient to establish the circumstances of the criminal offence.
3 Adequate gravity of the offence. Audio and video control of a person, interception from electronic communications networks, and other highly invasive covert measures are, as a general rule, conducted in proceedings concerning grave or especially grave crimes.
4 A ruling of an investigating judge. The application must state the circumstances of the proceedings, the person or means of communication targeted, the type of measure, the justification, and the duration. Only after considering that application may the investigating judge grant authorisation.
5 Compliance with defined limits. Officers may collect information only within the purpose, method, and period set by the relevant procedural decision.
In exceptional urgent cases, a covert investigative action may begin before an investigating judge’s ruling is obtained — where it is necessary to save lives or prevent grave or especially grave crimes defined by law. After such an action starts, the prosecutor must apply to the investigating judge without delay. If the court refuses authorisation, the action stops and the information obtained must be destroyed under the established procedure.
Martial law does not automatically authorise wiretapping of any person. A special procedure may apply only when martial law is in force and there is no objective possibility for an investigating judge to exercise the relevant powers. In that case, the powers defined by the Criminal Procedure Code may be exercised by the head of the relevant prosecution body under a special procedure.
Persons whose constitutional rights were temporarily restricted during covert investigative actions must be notified in writing of the fact and results of those actions. The exact timing of notice depends on risks to the investigation and the safety of persons involved, but as a general rule it is given within twelve months after the covert action ends and no later than when the indictment is sent to court.
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What to do if you suspect unlawful wiretapping
Strange sounds during a phone call, rapid battery drain, or a hot smartphone do not prove wiretapping. Such symptoms may result from a device fault, background apps, unstable mobile signal, or other technical causes.
For a proper check, identify the possible information-leak channel:
1 A physical covert device. A premises or vehicle may conceal a radio microphone, GSM module, recorder, miniature camera, GPS tracker, or other technical means.
2 Malicious software. A smartphone or computer may be compromised by spyware that gains access to the microphone, camera, messages, or files.
3 Unauthorised account access. A third party may read chats through an active messenger session, stolen passwords, backups, or cloud storage access.
4 Network-level interception. This form of control does not require a visible bug in the phone or room and cannot be reliably confirmed with a consumer detector.
If a suspicious device is found, do not immediately dismantle, switch it off, or move it. Careless handling can destroy traces, technical data, and other information needed for further examination. Restrict access to the discovery site, document the circumstances, and contact specialists.
Unlawful breach of the secrecy of correspondence, telephone conversations, or other communications may show elements of a criminal offence under Article 163 of the Criminal Code of Ukraine. Final legal characterisation depends on the method of interference, the identity of the offender, the means used, and other circumstances.
Suspect that a premises, vehicle, or meeting room may be under surveillance?
ProDefence specialists conduct professional TSCM sweeps of apartments, houses, offices, meeting rooms, and vehicles. Depending on the site, a check may include radio-frequency environment analysis, a search for active and inactive covert devices, examination of objects and building structures, and review of possible technical leak channels.
After the survey, the client receives information on the results and recommendations for further protection of confidential negotiations. Work is professional and confidential.
This material is for information only. The lawfulness of a specific covert investigative action is assessed in light of the materials of the relevant criminal proceedings. Information current as of 5 August 2026.
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