Finalize the BH Code

[Группа К]

I think it is necessary to study the issue of cases when a detective can refuse the customer to collect information and documents during the investigation, including the stage of preparation of the report. In their activities, detectives have the right to use many open and accessible databases. However, even in open bases and in bases with conditionally open access (for example, paid), in addition to objects not prohibited for civil circulation, there may be other technical solutions from the description to which their dual purpose follows. Without acquiring a product or disclosing detailed technical documentation for an object of investigation, it is difficult to prove the violation of the law. At the same time, there is a high probability that the collection of information may end for the detective with a substantive interrogation in the office of the investigator.

In order to comply with the law and professional ethics, the detective has the right to refuse to further fulfill the order of the customer in the collection of documents and other certificates in the following cases:
1) in case of detection of signs of a crime committed and committed by the customer;
2) in the course of the investigation, other information was discovered in the case materials indicating an abuse of the detective’s trust by his customer.
3) the state secret regime is extended to the documentation requested by the detective’s customer. The materials of the case under investigation have grounds to believe that a state secret regime will be introduced for the requested information;
4) the detective’s customer is an alien who does not have a representative office in Russia or who acts on the territory of the Russian Federation without a lawyer.

 

[Детектив-Молдова]

And what about the customer who intends to conclude a contract with a Russian (and not only) legal entity for the performance of work, or the supply of equipment and materials, and turned to the detective with the question of collecting information about the seriousness, economic viability, production and physical capacities, etc. .t. prospective partner?

In my opinion, the detective in each case must ask the customer for information and confirmation of his intentions, evaluate the situation, and only after that will he decide to fulfill or refuse to fulfill the order.
I recommend concluding a contract with the customer for non-disclosure of information received, which provides for serious financial sanctions in case of harm to any party as a result of disclosure of the information received.
However, there are always RISKS!

 

[JR Security Consulting Group]

All these codes, rules and charters, have under themselves, only our desire or unwillingness to abide by certain rules of the game. To the law, this has nothing to do. Therefore, each businessman, obviously, decides for himself how to conduct business in the market without violating the laws of his country. Therefore, I do not see the appropriateness of these codes. Personally, my opinion.

 

[Группа К]

And what about the customer who intends to conclude a contract with a Russian (and not only) legal entity for the performance of work, or the supply of equipment and materials, and turned to the detective with the question of collecting information about the seriousness, economic viability, production and physical capacities, etc. .t. prospective partner?

In my opinion, the detective in each case must ask the customer for information and confirmation of his intentions, evaluate the situation, and only after that will he decide to fulfill or refuse to fulfill the order.
I recommend concluding a contract with the customer for non-disclosure of information received, which provides for serious financial sanctions in case of harm to any party as a result of disclosure of the information received.
However, there are always RISKS!

In contract law there is a problem of early termination of the contract. That is, that awkward moment when it seems that the order has already been accepted, but on the other hand, for a number of reasons, you cannot finish the job. I have had such cases in practice. As a rule, the customer - a foreign legal entity (more often a detective) sends a request for verification of a legal entity. In the process of fulfilling the order, it turns out that the company is engaged in the production of strategically important products for the country. Or, the detective’s customer - legal entity - plans to absorb the Russian company with its popular brand. Here's what to do a detective in this case, when you understand that the customer’s thoughts are not white and fluffy? : o On the other hand, in contract law of many countries there is a rule on coercion to deal, that is, the detective’s customer may require the latter to either deliver the report on time, or compensate his expectations with money.

From here I had the idea that the detective should have immunity from such "assaults." That is, the detective at any time, without explanation, should have the right to terminate his contract at any stage of its execution and without financial consequences for himself.

Checking the business reliability of the customer’s counterparty is an income item based on which you cannot refuse. But, since the contractors are different, including enterprises for the production of dual-use goods, it is necessary to treat the customer’s order with double caution.

The main risk of attracting a detective to obtain information that contradicts the accepted business customs, that is, pursues other goals that are indistinguishable at the beginning of the agreement, comes from transactions between the detective and a foreign element. Therefore, the proposed international transaction conclusion scheme looks like this. The customer (non-resident) signs a contract with a Russian lawyer. The lawyer, in turn, instructs the detective to perform the work.

If the customer is from the same country as the detective, then you do not need to invent anything.

 

[Детективное агентство ОПЦИОН]

I completely agree with Jacob! Everyone decides for himself, and even before you start working with a client. Immediately stipulating and saying all his requirements, and most importantly, finding out exactly what and why is being done and where it will all go! And any references to some codes of honor in court will not work. Each of us has his own code of work in this business. I immediately say to my clients that I have my own principles, which I will not give up, do not like, please look for another artist!

 

[JR Security Consulting Group]

I completely agree with Jacob! Everyone decides for himself, and even before you start working with a client. Immediately stipulating and saying all his requirements, and most importantly, finding out exactly what and why is being done and where it will all go! And any references to some codes of honor in court will not work. Each of us has his own code of work in this business. I immediately say to my clients that I have my own principles, which I will not give up, do not like, please look for another artist!

Exactly.

 

[Группа К]

I completely agree with Jacob! Everyone decides for himself, and even before you start working with a client. Immediately stipulating ...

So do everyone who wants to minimize their risks. But, here is a model for you. The customer - a foreign patent company - turned to the detective to collect information about the Russian company - an ordinary LLC - shke. It is required to collect information about its business activities, about management, about the persons who are associated with this company. Visit the office, take some photos, find out the main contractors and so on and so forth. In general, the usual goal of checking business reliability. You agree on the price and as a conscientious detective before you say the final “yes”, you do a “surface breakdown” of the object of investigation. All voila, clean !!! It took 10 days, you collected a bunch of material, and even spent 150 rubles on an extract from the register: D. On the appointed day, you come to the office of the company being audited and find that your object of investigation has an agreement with the Tula arms factory and supplies it with bearings for AK - 87: D. And nothing more!!!
In an interview, the LLC manager confirmed your concerns.
What to do?
Two options.
The first. To cancel the contract with a foreign patent company, and not receive payment for the investigation.
Option two. Submit a report and get rewarded for your work.
In the first case, the detective buries his reputation in the grave with the name "goodbye new orders."
In the second case, the detective runs into at least a conversation with an employee of the state security service.

Of course, I would choose the first, but for some reason I’m not used to working for free. Therefore, he brought up a question for discussion by respected colleagues. What should a detective do if the arrangements "on the shore" do not correspond to real circumstances?

My option is simple: do not take orders from foreigners bypassing a Russian lawyer. At the same time, the lawyer will present a sort of filter - a guarantee of the customer’s pure thoughts. And if you accept the business custom (supplement to the code), in which the detective will be able at any stage of the contract to refuse to further fulfill the order (for the 4 reasons listed in my first message), then you can refuse on the "legal basis".

I apologize for the large number of letters. Perhaps the baths are so affected: oops:

 

[Роберт]

I raised this topic a few years ago. (Using a detective "in the dark" in preparing a crime. And it can be everything from a terrorist attack, murder to a banal robbery and fraud) The law on the NPV clearly states that the detective must inform law enforcement agencies of possible crimes. If a contract is concluded with the client, which says that the detective is acting in accordance with Russian law, then all this must be done unconditionally. This is a formality then. Now, the Spring package has also entered into legal force. So you can calmly execute the order, while knocking on facebook. : D But whether it is worth informing the client that the third state officials have become aware of his interest, the detective himself decides. Now it will just be interesting to discuss exactly the Spring package. There are many pitfalls that can attract detectives for failure to report. There is also a situation where a detective, executing an order, receives information about a forthcoming crime, warns the authorities about it, and they start asking him to join the operational game so that they can obtain evidence of the criminal activity of the client. Formally, you cannot refuse. If the crime is grave and especially grave, then it is obliged to cooperate according to the law, it is not even necessary to recruit, it is obliged, and that’s all! Failure, there is a reason for the deprivation of the license, and now for criminal prosecution (including the Yarovaya package) And now let's estimate what the detective gets from this. In the best case, "thank you" from the police and the fact that the client does not know anything. The worst is the collapse of the reputation or "feather to the side" from the associates of the client. How is it not quite comfortable in this legal field? Do not you think, gentlemen?

 

[Роберт]

Summarize for Russian detectives. Our laws on the rights of detectives remained the same, the rights of detectives as it was not and still are not, even now we are afraid to look at the computer. I am about the newly adopted laws. What if some operas look at the correspondence a month ago, where did the detective send an email and received limited use info from a companion? But if the client was really preparing a crime and before that he made an order to the detective, then the investigator’s eyesight was in any way in the field. Not reported, a criminal case. Negligence or complicity? 5 years or 20 ?! This will then be understood in the nuances if the detective could understand that such an order is criminal or not, and T d
Moreover, now explicit prerequisites are being created with the detectives declining to work with law enforcement agencies on a secret basis. The same prerequisites are now being created for lawyers, but lawyers have their own law, where there is a lawyer's secret. Therefore, it is more difficult here, but if you want, then the lawyer can be bent.

 

[Роберт]

Of course, many can say that nothing has changed in principle, and that we can continue to work the old fashioned way. I can say that everything will depend on law enforcement practice. All relations with the client are based on the principles of ethics and morality. And depend on the decision of the detective. Accept aphids do not accept an order, but .... It's not like that. A normal and competent opera will be able to so legitimize the motive of the order that the detective grabs everything at face value. The detective has a goal - to get money for the order (after all, there are very few orders, especially cash ones). Therefore, the detective pays little attention to the client himself. Moreover, the detective knows that if you insist on clarifying the identity of the client and the purpose of his order, then the probability of the client leaving sharply increases. And there are surely some detectives among us who try not to burden their bookkeeping with extra pieces of paper - contracts with customers. This simplified tax reporting and increased profits. Now all this clearly will not work if the client is dumb and “lit up”. Some customers will refuse the services of a detective. Profits, of course, will be less. And if she didn’t exist at all, then the likelihood that she would ever appear would decrease even more.