Question to the KR

[Степан Петрович]

But how do the Kyrgyz Republic pay taxes and for what, and how is the information received legalized?
It turns out that the Kyrgyz Republic are illegally collecting, processing and transmitting information on a reimbursable basis?

 

[Ющук Евгений Леонидович]

But how do the Kyrgyz Republic pay taxes and for what, and how is the information received legalized?
It turns out that the Kyrgyz Republic are illegally collecting, processing and transmitting information on a reimbursable basis?

The Kyrgyz Republic collects a priori legal information, so it does not need to be legalized.
Taxes are paid in the taxation procedure that is registered with the Federal Tax Service - if this is the work of the enterprise. And if it is work performed for a salary by an employee of an enterprise within the framework of his duties, then these are taxes on salaries and personal income tax.

Let me remind you the Goals and objectives of licensing in the Russian Federation. They are established by the Federal Law, which fully applies to private detective activity (leaving the Law on NPV only the definition of a number of nuances):

****************************

FEDERAL LAW ON LICENSING SEPARATE ACTIVITIES

Article 2. Goals, tasks of licensing certain types of activities and criteria for determining licensed types of activities
1. Licensing of certain types of activities is carried out in order to prevent damage to the rights, legitimate interests, life or health of citizens, the environment, objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation, defense and security of the state, the possibility of causing which is associated with the implementation of legal entities and individual entrepreneurs of certain types of activities. Licensing of certain types of activities for other purposes is not allowed.

2. The tasks of licensing certain types of activities are the prevention, detection and suppression of violations by a legal entity, its leader and other officials, an individual entrepreneur, his authorized representatives (hereinafter referred to as a legal entity, individual entrepreneur) of the requirements established by this Federal Law and other federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them. Compliance of the license applicant with these requirements is a prerequisite for granting a license; their observance by the licensee is mandatory when carrying out a licensed type of activity.

3. Licensed types of activities include types of activities the implementation of which may entail the damage specified in Part 1 of this Article and the regulation of which cannot be carried out by other methods, except by licensing .
https://www.consultant.ru/document/cons_doc_LAW_113658/

****************************

As you can see, the goals and objectives of licensing have nothing to do with taxes. Moreover, it is explicitly stated that licensing is not the only form of regulation of activities. And it is applied only where it is impossible to do without it, without endangering the life, health and legitimate interests of citizens. That is why a license is required to work FOR THE SURVEY. And not for search purposes - not needed.

What's not clear?

 

[Ющук Евгений Леонидович]

All the same, dear Stepan Petrovich, read this:
"Detective Operations and Competitive Intelligence"
There, the questions you ask, the answers are already basically there.

 

[Андрей Захаров]

In short, if you pretend to be a hose, no license is necessary.
Good approach, no taxes and no bunting.

Let's talk in legal terms.

1. Taxes are paid according to the Tax Code and are not related to licensing.

2. The license of a private detective not only imposes obligations, but also gives rights. At a minimum, such:

- engage in detectives
- write documents of procedural significance.

If you do not have a private detective license, you cannot legally investigate and cannot write documents of procedural significance.

What's not clear?

I don’t even know what kind of procedural documents are in question ... BH does not and does not constitute any “procedural” documents, because. it’s not, just like the Black Sea party, a participant in any processes (criminal, civil) ... All these interpretations about the Black Sea’s “capabilities” (in particular, regarding the preparation of any documents of procedural significance, etc., allegations that the Black Sea this is a person who "works only on some criminal cases there), simply from the fact that some people have a misunderstanding of the essence of NPV ... That's all ... And most importantly, as correctly noted in the subject, a misunderstanding of what regardless of the "pretending to be a hose" there are some circumstances that simply objectively exist ... Regardless of whether we perceive them or not ... And it’s bad when this is also “misunderstood” ... And in general, the question has been put up for discussion -answer (any) received ...
And also, I really liked the phrase: “As you can see, the goals and objectives of licensing have nothing to do with taxes. Moreover, it is directly stated that licensing is not the only form of regulation of activities. And it is applied only where it is impossible to do without it, without jeopardizing the life, health, and legitimate interests of citizens. That's why a license is needed to work FOR THE SECURITY OF SURVEY. Not for the purpose of investigation, it is not needed. "
Especially in terms of jeopardizing the life, health, and legitimate interests of citizens ... It concerns the collection of information ... It turns out-BH, having a license and collecting information, could jeopardize the legitimate interests of citizens ... And an individual who does not have licenses, but collecting information in virtually the same volume, from the same open sources from which it “scoops” information and a licensed BH cannot endanger either life, health, or even more the legitimate interests of citizens ... Strange all this ...

 

[Ющук Евгений Леонидович]

I don’t know at all what procedural documents we are talking about ... BH does not and does not constitute any “procedural” documents, because. It is not, just like BH, a participant in any processes (criminal, civil) ...

As far as I remember, this forum told how a private detective conducted a survey about the beating, and then the police accepted this document.
I did not delve into the details - since I am not involved in and do not plan to investigate, but I noted for myself that ordinary citizens of this kind do not draw up documents.

All these interpretations about the “possibilities” of the Black Sea Fleet (in particular, regarding the preparation of any documents of procedural significance, etc., the assertion that the Black Sea Fleet is a person who “works only on some kind of criminal cases) -just because that some people have a misunderstanding of the essence of NPV ... That's all ...

Of course, I would be more aware of the activities of a private detective if private detectives bothered to talk about it. But they told me so many times here that the Black Sea Regions do not intend to share this kind of information, that I base my judgments on the existing one. What you yourself have given is what we are working on. Give another - let's see it.

And most importantly, as correctly noted in the topic, a misunderstanding that regardless of the "pretending to be a hose" there are some circumstances that simply objectively exist ... Regardless of whether we perceive them or not ...

That's right. That is why, and also because “pretending to be with a hose” is not a fact, but exactly the same misunderstanding of the situation on the part of those who think so, I set out to clarify the situation based on the Law, and not on common sense.
And, in my opinion, it was possible to do this. In any case, to a degree sufficient for practical purposes.

And also, I really liked the phrase: “As you can see, the goals and objectives of licensing have nothing to do with taxes. Moreover, it is explicitly stated that licensing is not the only form of regulation of activities. And it is applied only where it is impossible to do without it, without endangering life, health and the legitimate interests of citizens. That is why a license is needed to work FOR THE PURPOSES OF THE SECTION. Not for the purposes of investigation, it is not needed. "

Especially in terms of jeopardizing the life, health, and legitimate interests of citizens ... It concerns the collection of information ... It turns out-BH, having a license and collecting information, could jeopardize the legitimate interests of citizens ... And an individual who does not have licenses, but collecting information in virtually the same amount, from the same open sources from which it “scoops” information and a licensed BH cannot endanger either life, health, or even more the legitimate interests of citizens ... Strange all this ...

No, it doesn’t. It turns out like this: if someone decided to do detective work, he could endanger the life, health and legitimate interests of citizens. Probably, a detective is something so dangerous. Here you know better - because you, unlike me, know what a detective is. Probably.
But an ordinary citizen is not involved in investigation - and therefore does not intrude into this dangerous zone.

At the same time, no one is stopping a private detective from studying the market on a par with ordinary citizens, just like a private detective can go to the movies or read newspapers on an equal basis with them. But, FOR THE PURPOSE OF SUSSK, you can study the market exclusively with a license. It is written in the law. From here I make the only possible conclusion, in my opinion: when a detective works FOR A SURVEY, some of his work may relate to market research. And it is licensed.

 

[Ющук Евгений Леонидович]

You will return once again to this situation, which was brought up just during the discussion on the forum of the Ministry of Internal Affairs:

In the courtyard, residents of the house play dominoes. They are simultaneously watched:

- a group of external surveillance of the police in order to control the movement of the criminal Klest, put on the wanted list (conducted by ORM "Observation")

- a private detective with the aim of talking about a kitten that has disappeared from his client with a pensioner Fedotych when he finishes the game (conducts surveillance, permitted by the Black Sea Fleet and which is not an ARD)

- the wife of a pensioner Ivanov, in order to ask him to take out the trash when he finishes the game (just watching)

- Manager of Coca-Cola company with the aim of calling pensioner Sidorov to work (just looking)

And you will immediately see that the point is not in the fact of the action, but in the subject and his goals. This is in full compliance with both the law on hordes and the law on NPV.

 

[Андрей Захаров]

Regarding the allegedly procedural aspects of the BH activity ... You just need to carefully read all the documents that were offered for familiarization regarding the procedural significance of the collected documents ... Everything is in the materials on this issue ... In particular, the presence or absence of procedural capabilities is indicated in the samples ( BH report, complaint) ... You just need to probably read all this carefully and then make some conclusions and judgments ... Regarding the collection of BH information, if you carefully read the Law, you can see that BH information is collected for protection of the legitimate interests of the client ... The “danger” of this activity lies precisely in the fact that in connection with the opportunity to collect information, it is possible to jeopardize the legitimate interests of citizens ... In this regard, this activity is sublicensed ... As far as I know of various publications, the Kyrgyz Republic also acts to protect the interests of the client by collecting information and has (de facto) the same goals as the BH (with regards to the collection of information) ... In this case, the Kyrgyz Republic applies the same methods and methods for extracting information used in its activities on the basis of the Law, BH (from the same open sources, etc.) ... Regarding the issue, market research .. .In this topic, the question was posed clearly and clearly ... Define the boundaries between marketing research and activities related to the extraction of information that go beyond the scope of research data (due to the fact that it is marketing research that can be carried out in certain ways, using certain methods ) ... The use of other methods and methods that are not specific for conducting marketing research (when collecting information) should indicate just that this activity will be characteristic of the activity of the BH, which has the appropriate license ... According to representatives CR, the very concept of CR, just differs from just marketing research in that it uses methods and methods for extracting information that are not typical for simple marketing research. Consequently, this activity is subject to licensing, as the activity of BH ... Something like this ... This position has been repeatedly discussed by me with the marketing scientists of our higher education institutions, specializing in the field of marketing research (Ph.D. , Doctor of Economics), as well as persons practicing in this field ... In principle, they agree with this statement of the question ....
Regarding the questions of the NPV, which are of interest to representatives of other areas of activity, we will always try to answer the questions of interest regarding the NPV ... We are open for communication ... Ask questions ... For this and the Forum ...

 

[Андрей Захаров]

You will return once again to this situation, which was brought up just during the discussion on the forum of the Ministry of Internal Affairs:

In the courtyard, residents of the house play dominoes. They are simultaneously watched:

- a group of external surveillance of the police in order to control the movement of the criminal Klest, put on the wanted list (conducted by ORM "Observation")

- a private detective with the aim of talking about a kitten that has disappeared from his client with a pensioner Fedotych when he finishes the game (conducts surveillance, permitted by the Black Sea Fleet and which is not an ARD)

- the wife of a pensioner Ivanov, in order to ask him to take out the trash when he finishes the game (just watching)

- Manager of Coca-Cola company with the aim of calling pensioner Sidorov to work (just looking)

And you will immediately see that the point is not in the fact of the action, but in the subject and his goals. This is in full compliance with both the law on hordes and the law on NPV.

Regarding the described situation ... When considering the activities of the Kyrgyz Republic and BH, it should be borne in mind that both information gathering activities are carried out as part of the provision of services to third parties on a reimbursable basis ... In this case, the concept refers to the provision of data collection services on a reimbursable basis, only BH actions fall on third parties ... The rest of the parties do not provide such services and, therefore, these actions are in principle not comparable ... And it is necessary to compare unambiguous services ... That's all ...

 

[Ющук Евгений Леонидович]

Regarding the allegedly procedural aspects of the Black Sea activities ... You just need to carefully read all the documents that were offered for review regarding the procedural significance of the collected documents ... Everything is in the materials on this issue ... In particular, the presence and absence of procedural capabilities are indicated in the samples ( BH report, complaint) ... You just need to probably read all this carefully and then make some conclusions and judgments ...

Sorry, but I don’t require you to read everything in my specialty. Although he could, probably.
We are on the online forum. I'm asking. I look what they answer me.
You can briefly explain, with reference to a normative act - fine. Not? Well, then no.
Nevertheless, I argue my point of view with references to the Law. You are not.

Regarding the collection of information, it is BH — if you carefully read the Law, you can see that the collection of BH information is carried out in order to protect the legitimate interests of the client ... The “danger” of this activity is precisely that, due to the opportunity to collect information, delivery is possible threatening the legitimate interests of citizens ... In this regard, this activity is licensed ...

I didn’t even see what “detective” is. In the NPV law, this definition is missing. However, there is hardly a legal collection of any information to protect illegal interests. Consulting companies, media monitoring companies, marketing agencies and the like operate legally, while collecting information. It turns out that you interpret the law incorrectly (and this is exactly your interpretation). What is wrong - I do not know. I do not work for investigation and do not intend to work. Understand these nuances yourself, if you wish.

As far as I know from various publications, the Kyrgyz Republic also acts to protect the interests of the client by collecting information and has (de facto) the same goals as the BH (regarding the collection of information) ...

The collection of information is not in itself either an ARD or NPV, nothing. Outside of the subject and goals, it cannot be discussed. This has already been shown many times and is based not on the interpretation of the Law, but on its direct reading. There is no point in crushing water in a mortar.

At the same time, the Kyrgyz Republic applies the same methods and methods for extracting information used in its activities on the basis of the Law, BH (from the same open sources, etc.) ...

Methods and collection of information, based on the biology of the human body, cannot be in themselves either ARD or NPV, nothing. Outside of the subject and goals, this cannot be discussed. This has already been shown many times and is based not on the interpretation of the Law, but on its direct reading. There is no point in crushing water in a mortar.

Regarding the question - market research ... In this topic, the question was posed clearly and clearly ... Define the boundaries between marketing research and activities related to the extraction of information that go beyond the scope of research data (due to the fact that it is allowed to conduct marketing research in certain ways, using certain methods) ...

I answered you clearly and clearly, relying on the Law. The law is what it is. FOR THE PURPOSES OF SUSK work under the license. Beyond the SURVEY PURPOSES, do whatever you think is necessary, on a par with ordinary citizens, if the Special Part of the Criminal Code of the Russian Federation is not violated. All. The law is as follows. We execute, regardless of whether or not someone likes it.

 

[Ющук Евгений Леонидович]

Regarding the described situation ... When considering the activities of the Kyrgyz Republic and BH, it should be borne in mind that both information gathering activities are carried out as part of the provision of services to third parties on a reimbursable basis ... In this case, the concept refers to the provision of data collection services on a reimbursable basis, only BH actions fall on third parties ... The rest of the parties do not provide such services and, therefore, these actions are in principle not comparable ... And it is necessary to compare unambiguous services ... That's all ...

In again forgot "FOR THE PURPOSE OF THE SUSSK." Meanwhile, this is an important point - it is even written in the NPV law above the list of events. Do not forget about the goal - "FOR THE PURPOSE OF THE SUSK" and the contradictions themselves will be removed. No need to throw semantic fragments from the Federal Law.