Theme for discussion ...

[Андрей Захаров]

The crisis is not only in the economy. The crisis is also in our activities. Lawyers, of course, are good, but many are not ready to share their fees.

The crisis in our activity is only among those who could not "stand" in the market ... for various reasons ... the main of which is the entrepreneur himself .... who did not find his customers .... and do not thicken the paint .... if someone is bad ... this does not mean that others are also bad ... you just need to work ... and not to rant .... that's all the "secrets" of our activity and all this is confirmed by 16 years of experience in this market of services .... And as for the SRO, I completely agree with Zaparenko .....

 

[Матушкин Андрей Николаевич]

The crisis is not only in the economy. The crisis is also in our activities. Lawyers, of course, are good, but many are not ready to share their fees.

The crisis in our business is only for those who could not "stand" in the market ... for various reasons ... the main of which is the entrepreneur himself .... who did not find his customers .... and do not thicken the paint .... if someone is bad ... this does not mean that others are also bad ... you just need to work ... and not to rant .... that's all the "secrets" of our activity and all this is confirmed by 16 years of experience in this market of services ....

Strongly agree!

 

[Матушкин Андрей Николаевич]

And about SRO I completely agree with Zaparenko .....

And I strongly agree with him!
Andrei, what about the detailed commentary on the site?

 

[Группа К]

The crisis is not only in the economy. The crisis is also in our activities. Lawyers, of course, are good, but many are not ready to share their fees.

And many, on the contrary, are ready. There can be two reasons for this division into two large camps. The first is that a lawyer works only in criminal matters. Here he really does not need a detective, since his assistant is quite able to cope with the functions of an assistant and clerk. He will write requests and get acquainted with the documents. The detective doesn’t have much room in the criminal process. Unless at the stage of the decision of the lawyer to enter the process. That is my practice.

The second reason is that the Lawyer has never worked with a detective and has no idea how he can be useful to him. Here are some more examples. The simplest ones are to identify the anonymous person and collect information about him. Or, find out the actual owner of the mobile phone. Or, find the property of the debtor, find a current account and establish the amount of money on it, in order to submit (not to declare) a petition to impose restrictions on the movement of funds denied by the company-villain.

In my opinion, if lawyers knew more objective information about our opportunities, then work would have been added for them and for us.

 

[Роберт]

Stubborn you all.

 

[Группа К]

Stubborn you all.

Well, why Robert? Just what I'm saying is based on my practice.
For example, now I have the following cases in production:
1) Search for a counterfeit manufacturer, its warehouse, organization of a test purchase. Lawyers
2) Identification of the patronymic (!) Of the defendant - Customer attorney
3) Anonymous Identification - Customer is a foreign lawyer
4) Checking the use of a trademark (3 cases) - Customer attorney
5) Search and identification of the owner of a restaurant chain. The lawyer wants to know the patrons of the restaurant owner.
6) An open survey of a former (fired) employee of an industrial enterprise - Customer is a lawyer

As you can see, all orders come from lawyers. So stubbornness has nothing to do with it: D

By the way, if anyone has contacts of a detective in Kaliningrad who is fluent in English, I will be glad for contacts.
respectfully

 

[Алексей Валерьевич Полевой]

O the appropriateness of using standards in the activities of a private detective.

In exchanging opinions on this topic, I want to note that the definition of standards in the activities of private investigators should be laid down in the improved legislation of the Russian Federation. Namely, in securing a private investigation - the status of the subject of operational-search activity in the Russian Federation. The creation of a new separate law “On Private Investigation” will not only expand the powers of a private detective, but also consolidate a number of additional responsibilities for it, in terms of the legitimate use of information databases and records.

The creation of an SRO in the activities of private detectives before the adoption of the new law will not be effective, due to the frequent cases of unfair competition in the industry. There are cases of fraudsters under the guise of another's licenses. Hence the threat of information leakage, violation of privacy (Article 137 of the Criminal Code of the Russian Federation), possible violations of Constitutional rights, according to Article 23 of the Basic Law of the Russian Federation.

An example of fraudulent activity with licenses of private detectives is a statement by the head of the Detective Bureau “Profi” dated April 01, 2009 to the head of the department for the organization of licensing and permitting work and the control of private detective and security activities of the Central Internal Affairs Directorate in St. Petersburg. According to the statement, it became known that on March 31, 2009, a security officer of the MEZHPROMBANK PLUS Moscow contacted the head of the Detective Bureau “Profi” with a question about the involvement of the head of the above detective office in a certain detective agency “Amigo”. It is further stated that on the site [DLMURL] https://www.detectiv-amigo.ru [/ DLMURL] there are links to the license, according to which the activities of the Detective Bureau “Profi” are carried out. The statement indicates that the head of the Detective Bureau “Profi” has nothing to do with the detective agency “Amigo”, has not concluded any civil law or other obligations with this organization. The electronic copy of the license of the Detective Bureau “Profi” itself was downloaded by cybercriminals from the organization’s official website. According to the employee of the security service MEZHPROMBANK PLUS, Moscow, an unidentified citizen addressed them with fraudulent intentions, who left the contacts of the Amigo detective agency. Based on the aforementioned statement, an audit was carried out against unidentified persons on the basis of evidence of the elements of a crime under Art. 159 “Fraud”, Art. 171 “Illegal Entrepreneurship”, Article 180 “Illegal Use of a Trademark”, Art. 182 "Knowingly false advertising" of the Criminal Code. RF Based on the results of an insufficiently qualified audit, the failed material was compiled, the attackers did not punish. Analyzing the above example, it is necessary to single out another area of legislative work to regulate the activities of private detectives and to suppress the unlawful acts of such scammers.

In general, the standard of work of a private investigator is determined by the quality, speed, competence of solving the problem posed by the customer. And that is the healthy competition of work in private.

The work performed by a private investigator should be classified as “creative” in a certain sense. Each specialist performs the task assigned to him, using his professional secrets and methods, this is the success of the detective’s non-standard thinking. As for directly drawing up a progress report, this is secondary. After all, the customer needs only the result.

During the period of the existence of the law “On Private Detective and Security Activities in the Russian Federation”, our colleagues have already formed the so-called standards. They are traced in the use of terminology established by the above law. Many colleagues sometimes try to name the events they hold in accordance with the law on the "ARD" in the old fashioned way, but all the same, reporting documentation is drawn up within the framework of terminological standards determined by the current legislation.

At present, I consider it necessary, within the framework of collegial associations, to develop legislative proposals aimed at creating and adopting a separate law "On Private Investigation", which will fundamentally determine the basic standards for the activities of private investigators in the Russian Federation.

Lugovoi Alexey Valerevich.

 

[Группа К]

On Kaliningrad hang up. Detective found.

 

[Матушкин Андрей Николаевич]

Friends, good night!
Please pay attention to an extremely interesting article on the Association’s website by Victor Sergeyevich.
https://iapd.info/blog/nuzhen-li-chastnomu-sysku-sro.html

I'm waiting for the continuation of the topic !!!

REMIND OF A VALUABLE PRIZE !!!

Do I need a private detective SRO ?!



SRO problems and difficulties (advantages and disadvantages of SRO)

These materials are collected on specialized sites with the addition of their comment.

Self-regulatory organizations are non-profit organizations aimed at regulating their own activities. They unite entrepreneurs of one industry or a common market for goods. Based on membership in an SRO. In 2007, Russia adopted the Law on Self-Regulatory Organizations (SROs) (Federal Law of December 1, 2007 N 315-FZ), establishing requirements for non-commercial partnerships, which include legal entities and individuals. For example, membership in an SRO is required by law for individuals and organizations conducting valuation and audit activities, construction companies, arbitration managers, in the financial market. The adoption of the law on SROs meant a transition from state regulation of these types of professional activities by issuing licenses to self-regulation, that is, most of the control powers passed from public authorities to non-profit partnerships that received the status of SROs.

We make a reservation right away - SRO in the areas of detective and security activities is NOT PROVIDED by law.



Conditions for inclusion of partnership in the register of self-regulatory organizations

What is needed for the partnership to become an SRO? First of all, it should be noted that the Law itself established that at least 100 subjects of professional activity or at least 25 subjects of entrepreneurial activity should be in an organization applying for inclusion in the Register. However, for various industries, there are differences in the number of members in a partnership. So, for example, for builders there are SROs in the field of construction, in the field of design work and in the field of engineering surveys. To create construction SROs, it is necessary to have 100 members with licenses or work permits, for design and survey - 50 organizations that have licenses or permits specified by law. To create such a partnership in valuation activities, according to the Law on Valuation Activities, the association should include at least three hundred individuals involved in valuation activities. To create their own association that meets the requirements of the Law, auditors need to unite more than 700 individuals or more than 500 legal entities that meet the requirements of the legislation for membership in such an association. The requirement for SROs, in which the arbitration managers are combined, is the presence of at least 100 members who meet the requirements for the candidacy of the manager. As can be seen from the above data, despite the requirement in the Law on the number of members in a partnership, it can change for certain types of activities and be much tougher (for example, among appraisers and auditors). In addition, the Law provides for a partnership applying for the status of a self-regulatory organization, a certain management structure that monitors and oversees the actions of its members, as well as standards and rules that guide the members of the association.



Functions of a self-regulatory organization:

This is, first of all, the development of standards that partnership members must observe in their activities, monitoring the activities of association members, applying disciplinary sanctions, and receiving complaints about the actions of partnership partners.



Rights and Obligations of SRO

First of all, the development of proposals on self-regulation issues and their submission to state authorities refers to rights. A partnership included in the register of self-regulatory organizations has the right to challenge various decisions of state bodies and request information from these bodies that is necessary for its activities. A self-regulatory organization should carry out its functions prescribed in the Law. In addition, the Law establishes a list of information that the SRO can provide to various authorities or publish on its website. For example: information on the composition of members, on ensuring the liability of members, on the imposition of disciplinary sanctions or exclusion of participants, on the size of the compensation fund, etc. In addition to the main points (requirements for associations claiming SRO status, responsibilities, rights and functions), the law also reflects a number of other points necessary for conducting partnership activities. This, for example, is a detailed description of how the association should control its members and apply various disciplinary sanctions to them, ways of forming the organization’s property and ensuring the liability of the association’s participants to the service customers by forming the so-called compensation fund. In addition, the procedure for forming the management structure of the partnership and the functions assigned to it are indicated. And, finally, the order of exclusion of the organization from the Register is reflected. As can be seen from the foregoing, this law almost completely regulates the activities of non-profit partnerships with the status of SROs by detailed description of the smallest details of the activities of the association - from creation and inclusion in the Register to liquidation. Accordingly, based on these provisions, each specific SRO develops requirements for its members and monitors the implementation of these requirements. Control is carried out in the form of a planned (the frequency is specified in the Regulation on membership) or an unscheduled audit. An unscheduled inspection is carried out, as a rule, on the basis of a complaint received from a company or individual regarding the actions of a member of the partnership. In addition, the partnership can conduct training seminars for its members on changes in legislation, constituent documents of the association, as well as regulatory and methodological seminars designed to improve the skills of participants. At first glance, it seems that the transition from state regulation to regulation within the industry itself has more positive aspects, including the more rapid adoption of normative and methodological acts for each type of activity, the availability of opportunities for advanced training of the association's participants, and the reduction of bureaucratic delays for entering the market. However, a relatively short period of time has passed since the adoption of the law in order to draw concrete conclusions. Nevertheless, it should be noted that the law establishes clearer rules for the creation of professional associations and the conduct of one or another type of activity, which is already a positive point. As negative points, the presence of the influence of the human factor in checking members of a professional association can be noted. That is, when considering a complaint, it is impossible to exclude the bias of the inspector. In addition, the inspector himself can carry out this activity, which does not exclude unfair competition. Yes, personal hostility can not be discounted. Nevertheless, even the presence of negative aspects does not detract from the positive characteristics of self-regulation. In addition, with the further development of regulation within the industry and the identification of various shortcomings, it may be necessary to adjust the law on self-regulatory organizations. In accordance with the Law "On Self-Regulatory Organizations". As conceived by lawmakers, the creation of an SRO was to shift the function of control over business entities to the market participants themselves (traditionally this function was carried out by the state). This should lead to a decrease in budget spending, and the state should be given the opportunity to focus on supervision not of the activity, but of its results. It is also proposed to abolish the need to obtain licenses for a number of activities. The main tasks of the work of self-regulatory organizations include: - development and installation of requirements for entry and membership in SROs for entrepreneurs and subjects of professional activity; - the implementation of disciplinary measures against its members; - organization of arbitration courts in order to resolve disputes between SRO members and consumers, as well as between each other; - analysis of the work of its members, based on reports that they provide to the organization; - representation of members in their relations with local authorities and state authorities; - organization of training and certification for employees of member organizations, or certification of services that members provide; - ensuring the transparency of the activities of its members, including the publication of information on these activities. The work of a self-regulatory organization is financed from the following sources: - introductory, targeted and membership fees from organization members; - property donations and voluntary contributions; - income from services for the provision of information, as well as educational services that are associated with the entrepreneurial, commercial and professional activities of SRO members; - income from bank deposits.



Types of SRO:

1. Self-regulatory organization, which includes professional participants in the securities market.

2. Self-regulatory organization of builders. SROs are created on a regional, interregional and sectoral basis.

3. Self-regulatory organizations in the field of project activities.

4. Self-regulatory organizations in the field of engineering surveys.

5. SRO of arbitration managers.

6. SRO appraisers.

7. SRO auditors.

8. SRO in the field of advertising.

9. SRO of management companies.

10. SRO of actuaries.

11. SRO carriers.

12. SRO in the energy sector.

13. SRO collectors.

14. SRO in medicine.

15. SRO in the field of food and processing industry. A.



SRO: problems and difficulties

Let us make a reservation right away: the organization of SROs in the field of detective and security activities has long been a "sweet" topic of the Gudkov clan. But recently, in connection with the “pushing away” of these persons from the state feeding trough and power, their “banner” is now rising in Moscow, then in Yekaterinburg and in some other regions. Law on SROs in the field of security and private detective activities is NOW. If only because the official state bodies (the Government, the FSB, the Ministry of Internal Affairs, the Prosecutor’s Office, the TFR and others) are not interested in this at the moment, and it is not clear to them that this will give them officially, and even to the “feeding trough” ( not forget). The criteria and principles for creating these SROs are unclear, especially among relatively independent detectives so far. The bulk of representatives of the security business considers this issue as a heavy "stranglehold" of their work and, again, as yet another "feeding trough" for officials (primarily the Ministry of Internal Affairs) and those close to them. Detectives should not be expected from the presence of SROs in their activity of “radiant prospects” either. In reality, it is a legalized “collar” of their remaining independence in favor of specific individuals. The first principle: WHO "broke through" the organization of self-regulatory organizations, and he received the maximum benefit for himself. It is far from a secret that the SRO Law itself was “broken” at the highest level by groups of interested gentlemen, with a close “link” between officials and their close circles precisely as a “full-fledged feeder” for organizing a constant inflow of funds into specific pockets for admission to the market of goods and services in various sectors of the economy. At the same time, it is also a “reserve airfield” for officials after dismissal from work. ONLY one who is a member of various SROs, at the moment, can exist in construction, arbitration, and so on (see paragraphs above). All others, as a rule, are free. The selection criteria in the SRO, the principles of participation in them, and other critical issues (within the framework of the law) are given to the organizers of the SRO. ALL SROs are tied to large, very large and simply huge deductions of their participants for the benefit of the SRO organizers. In short, the principle of the pyramid - ALL dividends get (for what?) Only the owners of the SRO. The SRO Law itself specifically allows for vague interpretations, which allows for the collusion of several SROs to practically divide the market sectors of the economy, often using non-market methods. SROs receive as their legal rights (as an organization, BUT are not its individual members) to certain external functions, but its members give their freedom to this organization and become practically slaves (especially in the absence of competition between the SROs themselves due to their collusion). A detective who joins the SRO is subject to all its rules (up to arbitration) and disciplinary sanctions and financial responsibility to the SRO, must meet the criteria of this organization, undergo the necessary certification, seminars, meetings of the qualification commission, etc.). READ THE SRO Law. As a result, a situation may calmly arise when officially (BY LAW) the controlling organizations simply divide the market among themselves (which happened with the builders), and the rest will be squeezed out first, and new ones will not be allowed into the market. To understand the essence of SROs (using the example of financial SROs), a link to self-examination is offered: https://www.komitet2-5.km.duma.gov.ru/si ... 48054.html You can still paint and comment a lot ... Please take part in the discussion on this issue and other interlocutors.



I will express my opinion:

1. SRO in detective work is an extra voluntary “clamp” and quite expensive for a private practicing detective, moreover, not in the person of state bodies, but in a private public organization (moreover, as someone’s “pocket”).

2. There are other forms of protection of their personal and corporate interests - at least a trade union.

3. And if the officials and their entourage “bend” to their creation, you need to create your SRO as quickly as possible - whoever got up first - that is slippers (the principle of the “pyramid”).

 

[Андрей Захаров]

It’s a very competent analytical article ... and in connection with the issues raised for discussion, it’s probably advisable even so and the MOD and IARD to work together to establish the actual black holes, to conduct a survey of real black holes for their relationship to SROs and use all these studies to solve questions about the appropriateness of these SROs, given the fact that, in principle, it is not possible to create standards for the provision of BH services ... not for the design of services, namely the provision of the services themselves, which are supposed to be provided specifically BH ....