At the end of June this year On behalf of the working group created by the parliament of the previous convocation, it was so very quiet and hasty to submit to parliament a new draft law on private detective activity (NPV), which this month should be considered in parliament. The draft law itself, along with the fact that there are more or less normal provisions there, is unprepared, very illogical, it contains many conflicting provisions, the desire to reinvent the wheel although it was invented a long time ago, etc. Also, a lot of mechanical things were introduced into the law from the law on advocacy committed without paying attention to the specifics of NPV.
Why such a quiet rush is needed with pushing an unprepared and controversial draft law on the NPV for adoption, one can only guess ...
For interest, some basic provisions of this draft law, where something is taken from previous projects:
Private detective activity - advisory, research and (or) search activity carried out by organizing and providing the law with these private detective services in order to assist individuals and legal entities to protect their rights and freedoms and to satisfy legitimate interests.
consulting activity - a type of private detective activity in which the client is presented with advice (knowledge, other information) related to NPV.
search activity - a type of private detective activity during which, at the request of a client, people, property, as well as various documents, data and other information are searched
research activity - a type of private detective activity in the course of which the data collected during the search activity is observed, considered and investigated
A private detective is a citizen of the Republic of Lithuania and another state of the European Union or the European Economic Commonwealth, another individual who enjoys the laws of the European Union granted him the right to free movement within the Member States of the European Union, who has the right to engage in NPV in accordance with this law, a certificate and private detective sign.
Private detectives group - a group of two or more private detectives united for the implementation of NPV, on the basis of professional partnership, without the formation of a legal entity
An enterprise dealing with NPV is a legal entity founded in the Republic of Lithuania or a legal entity registered in the Republic of Lithuania of another Member State of the European Union or a State of the European Economic Area, another organization, unit or branch entitled to engage in NPV in accordance with this law.
NPV Supervision Institution - The Government of the Republic of Lithuania has an authorized authority, in accordance with the procedure defined by this Law, that exercises supervision of the activities of a private detective, a group of private detectives, or an enterprise engaged in NPV
Technical means of NPV-law and other normative acts are not prohibited for use means intended for identification (collection), fixation, taking, research, protection and presentation of evidence or other valuable information.
Article 5. Requirements for a person who wants to become a private detective
1 A person who wants to become a private detective must:
1) be a citizen of the Republic of Lithuania or a member state of the European Union or a member of the European Economic Community;
2) have a university degree or equivalent education;
3) pass a qualification exam for a private investigator;
4) know the state language;
5) do not have health problems, because of which he will not be able to fulfill the duties of a private detective. The health requirement of a private detective and the procedure for checking it are determined by the Ministry of Health and the Ministry of Justice of the Republic of Lithuania;
6) not to be convicted of very serious or serious crimes, as well as crimes against justice, public service and public interests.
2. At the same time, a private detective cannot hold public office.
Article 6 states that the qualification of a private detective is established and issued by a qualification certificate and a badge (?) Created by the head of the BHT supervisory authorities of a five-person qualification commission, of which two are private detectives and one lawyer (but not Zhirinovsky). Well, then comes the procedure for obtaining qualifications (rather illogical and contradictory). First, you need to apply so that you are allowed to take a paid qualification exam, and if the decision is not transmitted to the person within the prescribed period (10 days), then he can take the exam himself without any permission (!?). It is provided for citizens of the European Union or the European Economic Space that they must provide only from the competent authorities of their countries a document issued that they can engage in NPV or, if not regulated by NPV, by law, then a document confirming that they have provided NPV services over the past two years. After passing the exam successfully, a person is issued a certificate of qualifications with an unlimited duration and a badge (?), And if you didn’t pass, come and take it in a year. Further, it is rather illogical to describe when the validity of the qualification certificate and mark is suspended, invalidated and how to get it back. Moreover, the appeal is provided only to the head of the supervisory authority. It is envisaged that a private detective is obliged, among other things, to organize and keep documents and keep the documents of the NPV safe.
Three forms of NPV activity are envisaged: - individually, as part of a group of detectives and an enterprise engaged in NPV, and the NP can choose only one of the forms. Well, then comes a rather illogical mechanical taking of the provisions of the law on the bar according to these forms, how it should be implemented and what requirements are imposed on one form or another of the NPV, and all this is mixed up among themselves ... it is obvious that the Russian special services should be confused.
The limits of NPV, and simply what services can be provided during the NPV, which, in addition to consulting services, are offered only by concluding an agreement with the client:
- the search for missing or recognized as missing by laws persons and the collection of data on their whereabouts, - at the request of parents (adoptive parents), guardians, trustees, monitoring the behavior and environment of members of asocial families, disabled people, minor children (foster children), persons with limited or partially limited legal capacity to which guardianship or trusteeship is assigned, as well as the collection of other information about them,
- indirect monitoring of hired nannies, housekeepers, housekeepers, nurses and caregivers, - collection and analysis, at the request of the customer, of the information necessary for civil, labor, insurance disputes and administrative litigation, - search and establishment, at the request of the customer, of relevance to the criminal process people, objects and documents, which may be of importance for the investigation of criminal activity, - collection at the request of a person of information about his origin, family ties, biographical and other information, - protection of the client's commercial, industrial and (or) professional secret; ensuring technical security in premises, vehicles or other places legally owned by their owner or legal owner, as well as electronic information and communication devices, protection from listening to, surveillance and espionage by legally used technical means at the request of the owner or legal owner. The private investigator must notify the territorial prosecutor about the plans to carry out the above actions at least three business days before the date of such an action, and also if he detects eavesdropping, surveillance equipment or other spy equipment, transfer it to the prosecutor’s office - search at the request of the owner or legal owner lost, stolen, wasted or otherwise lost property, as well as a document of ownership of it or other information on this property, - collection of information necessary to ensure and protect intellectual property rights and consumer rights, - preparation of meetings requiring confidentiality, - consultation on issues of private detective work.
Rights of a private detective:
- without violating laws and other legislative acts establishing the exclusive competence of state institutions of the Republic of Lithuania in the relevant fields of activity, independently collect, record, research and provide information, documents or things that, in accordance with the law, can be recognized as evidence or can be used in another procedure for the provision of services defined by this law. Use technical means to record information received in public places and use the data obtained in the manner prescribed by law on the legal protection of personal data;
- carry out inspection in public places, objects or other objects located in them; as well as inspect other places, objects, things, documents and other objects with the consent of their owner or legal owner;
- with the written consent of the person, interview him regarding the establishment of the circumstances of the investigated fact, event or case and record these explanations;
- in accordance with the procedure specified by laws and other normative acts, obtain information, documents or their copies from state or local authorities and their enterprises, or a reasoned refusal to provide them if the requested information is contrary to the provisions of other laws. A private detective’s petition must include data indicating the need to provide the required data regarding the service provided;
- terminate the contract if the provision of services under the contract threatens to violate the rights of third parties or they have been violated. By terminating the contract on this basis, the reasons for terminating the contract are provided to the customer in writing;
- not conclude an agreement if the provision of private detective services may damage the rights of third parties or laws.
Original message
