The Limits of Detective Crime

[Детективное агентство Тула]

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Legal stupidity is utter. As the conclusion suggests itself: - If the detective is not a subject of the ARD, then he cannot violate the secrecy of mail and telephone conversations.

About stupidity, I do not argue, you know better.
Article 1. Operational-search activity
Detective-search activity is a type of activity carried out publicly and behind the scenes by the operational units of state bodies authorized by this Federal Law (hereinafter referred to as “the bodies carrying out operational-search activity”), within their powers, by conducting operational-search measures in order to protect life, health, rights and freedoms of man and citizen, property, ensuring the safety of society and the state from criminal attacks.

Federal Law "On the operational-search activity" of 08/12/1995 N 144-ФЗ ст 1 (as amended on 07/06/2016)

Honestly, I did not expect this from you:
If the detective is not the subject of an OSA, then he cannot violate the secrecy of mail and telephone conversations.
If you have a little thing, you won’t hide it ...

By analogy: if you do not have a driver’s license, you can’t have an accident?

 

[Группа К]

If the detective is not the subject of an OSA, then he cannot violate the secrecy of mail and telephone conversations.

This conclusion follows from your message, Constantine! Here he is

1. At present, according to the Legislation of the Russian Federation, the secrecy of mail and telephone conversations can be violated ONLY by the subject of operational-search activity in the Russian Federation and ONLY by decision of the Court. A private investigator (with or without a license) is NOT a subject of operational-search activity in the Russian Federation.
Therefore, only an irresponsible judge can issue him a permit

ignorance of logic gives rise to legal stupidity (c)

 

[Детективное агентство Тула]

This conclusion follows from your message, Constantine! Here he is


ignorance of logic gives rise to legal stupidity (c)

Article 23 of the Constitution of the Russian Federation
1. Everyone has the right to privacy, personal and family secrets, protection of his honor and good name.
2. Everyone has the right to privacy of correspondence, telephone conversations, postal, telegraphic and other communications. The restriction of this right is allowed only on the basis of a court decision.

Source: Article 23 of the Constitution of the Russian Federation

 

[Детективное агентство Тула]

Alexander Evgenievich!
Logic has absolutely nothing to do with it.
You do not know the basics of jurisprudence, but persistently climb into its jungle!
Who did you decide to surprise with your legal innovations?
People who do not have a law degree, which are enough here .
Stop publishing your pearl research!
Not only here. Stop it everywhere.
On fragile minds, this has a devastating effect!

 

[Андрей Захаров]

This conclusion follows from your message, Constantine! Here he is


ignorance of logic gives rise to legal stupidity (c)

Alexander))) After all, Konstantin Mikhailovich correctly speaks ... And he says that only the state, represented by the bodies carrying out the ARD, can “violate” the inviolability ... on the basis of a court decision ... And nobody else, in principle. ... And of course, these "violations" (referred to in the Law as restrictions) by state authorities will be legal ... All "violations" of immunity committed by other persons are not legal ... So all he says is logical and correct ....)))) Something like this ....

 

[Детективное агентство Тула]

Alexander))) After all, Konstantin Mikhailovich correctly speaks ... And he says that only the state, represented by the bodies carrying out the ARD, can "violate" the immunity ... on the basis of a court decision ... And nobody else, in principle. ... So all that he says is logical and correct ....)))) Something like this ....

Of course, Andrey Valerievich!
The rights of a citizen guaranteed by the Constitution cannot be violated (limited), unless otherwise expressly stipulated in the Law.
The mechanics of this restriction (violation) cannot be fully set forth in the Constitution, because this is the Basic Law, there aren’t enough pages ...
Therefore, the subtleties of this mechanism are meticulously set forth in other legal acts: the law "On Horde in the Russian Federation" and others (laws on the police, the FSB, the Central Internal Affairs Directorate, etc.), as well as by-laws - departmental instructions of the subjects of the horde.
A private detective may violate the Law; may not violate the Law.
He is not a subject here. The object may be, and there are significant differences from the ordinary citizen.
In this case, we can talk about a qualifying feature in relation to a private detective, because his deed may qualify “using his official position”, which often affects the severity of the punishment.
This is the essential difference between license holders and ordinary citizens.
Such is the investigative and judicial practice, to me so kaaaaaats ...

 

[Люков]

Handsome men, super polemic and everything is smart, thanks guys. That's who needs to write laws. The concept - the ORD is already outdated, in fact - quickly - quickly, the search - it is clear, in my opinion the detective is more involved in this activity than the police operas, they would have called the secret instead of the OR, but they left us the ORD.

 

[Группа К]

ok, whoever bought prints and sold, let him second throw a stone at me that I was not right .. after all, the first one has already been thrown by Konstantin))
Today, the Detective is forced to break the law and will do so until the state makes him a full-fledged participant in the process and gives him a monopoly on the collection of evidence. In the meantime, the detective is forced to dodge and look for ways to circumvent the law.
Anyone who can read between the lines, that in my article will find at least two, or even three ways to legalize printouts obtained by criminal means. However, this was the purpose of my publication)))) Well, whoever doesn’t need it, he either is disingenuous or has never prepared the results of the investigation.

 

[Группа К]

Stop publishing your pearl research!
Not only here. Stop it everywhere.

If I stop publishing my “pearls”, then you will definitely not see any benefit from this. You do not have a detective practice, and you are a mediocre lawyer, in my opinion - you think illogical, stereotyped and very predictable. I also noticed that the only moments when you are “revealed” are connected precisely with my “trips to the jungle of jurisprudence”. And since I really like helping people, and from time to time I even do it for my money, and you are no exception to me, I will continue to publish my publications despite your legal protest.

If anyone was at sea in dense fog, he noticed how the boat is moored. First, the bow of the ship appears, then the mast, the deck, and only then - the stern. So, your attacks reminded me of a captain who moored his ship calmly according to all the rules of navigation. And during the storm, he suddenly decided to moor at the stern and thereby brought his ship to complete disrepair.

Do not spoil your ka'rmu! Do not meddle in a detective story!

 

[Матушкин Андрей Николаевич]

I will continue to publish my publications despite your legal protest.

That's right !!!)