International scientific-practical conference on the topic "Legal basis of detective work in Ukraine"
On May 25, 2013, in Ukraine, in the city of Yalta (Crimea), an international scientific-practical conference was held on the topic “Legal foundations of detective work in Ukraine” and the VI Congress of the Association of Detective Services of Ukraine “ARSS”.
The conference was organized by ADSS “ARSS” (Ukraine) and NP “MOD” (Russia).
The conference was attended by representatives of the authorities of Ukraine and the city of Yalta, delegates from legal and detective organizations of Russia, Panama, Cyprus and Ukraine, students of legal universities of Ukraine.
The conference was opened by welcoming participants on behalf of the deputy of the Armed Forces of Ukraine Braiko SB the representative of the "Party of Regions" in Yalta, L. Poyarkov, who, as a veteran - Colonel of the Ministry of Internal Affairs, expressed understanding and emphasized the need for the development of detective work in Ukraine.
A report on the history of detective activity in Ukraine at the end of the 80s of the XX century and the stages of its legalization and development was made by A. Berezin, vice-president of ARSS. (Ukraine, Lugansk). Conference participants were presented with copies of the ADSS “ARSS” newspaper - “ARSSMEN”, which was produced from January 1992 to 1995. circulation of 25,000 copies. and having its own subscription index, publications on detective work in other Ukrainian newspapers and magazines. The participants showed particular interest in the article “Private Investigation Needs a Law” published in the ARSSMEN newspaper No. 3 in 1993. The article is accompanied by a photograph in which Deputy Minister of Justice of Ukraine V. Chernysh presents to the President of ARSS A. Popov a certificate of state registration of ADSU "ARSS".
The report was continued by the vice-president of ADSS “ARSS” Kostorny A.D. (Ukraine, Lviv), which in the process read out and presented to the conference participants documents of the Ministry of Internal Affairs of the USSR, the Ministry of Internal Affairs of Ukraine, ADSU “ARSS”, detective organizations of Ukraine on the analysis of detective activity in Ukraine and its condition for that period; about the need and options for cooperation of detective organizations with state law enforcement agencies; on the organization of control over detective activities by the state, including the development and adoption of the relevant law, etc. Participants were interested to know that Kostorny A.D. He took a direct part in the development of the draft Law of the USSR “On Detective Activities in the USSR,” which was later, practically unchanged, used and adopted in Russia as the corresponding Law of the Russian Federation.
“Discussion of the provisions of the draft law of Ukraine“ On Private Detective Activity ”No. 1093 dated 12/20/12 (proposal of amendments and changes), a speech was made by the vice-president of ADSS“ ARSS ”A. Berezin
All Ukrainian conference participants supported the reporter with the speaker on legal illiteracy and business primitiveness of the project under consideration, which is the seventh in Ukraine since the revival of detective activity in Ukraine. This project in April 2013 was rejected by the session of the Armed Forces of Ukraine and sent for revision. The speaker emphasized that in the development of the draft of this Law, in addition to people's deputies and representatives of state bodies, representatives of detective organizations, lawyers, lawyers, including experts in the field of international law.
The need for Ukrainian private detectives to study the laws of foreign countries that regulate the detective activities of these countries, obtain and develop methods for these activities for practical use both in Ukraine and in countries of their possible stay, and to train these methods in order to enter the foreign market of detective services, the vice noted - President of ADSS “ARSS” Berezin AK (Ukraine, Lugansk). He emphasized that the main role in fulfilling these tasks is assigned to Ukrainian professional and public associations of private detectives, such as the All-Ukrainian Association of Private Detectives, the Association of Detective Services of Ukraine “ARSS”, etc.
“The role of detectives and the use of the results of detective work in the criminal process” and “Information process in the activities of the Ukrainian detective”, the topics of the conference were considered by participants in a blitz mode. So, Berezin A.K., Chief Executive Officer of the Private Enterprise “Economic Security Agency“ ALLAN ” (Ukraine, Lugansk) an opinion was expressed that in Ukraine there is no need for legislative introduction of a private detective in the composition of the participants in the criminal process and the substitution of the role of an operative or investigator, as The CPC of Ukraine has already provided for the concept of a “third party”. It is important that the private investigator, on behalf of the participant in the process (the victim, suspect, accused or lawyer), collect the necessary information by legal methods, correctly document it and transmit it to the customer. Entering this information into the criminal process is the task of the participant in the criminal process, it is the duty of the investigator, and the recognition of this information as proof or refusal to do so is the legal right of the court.
In Ukraine, in addition to state, banking, medical, commercial secrets, the private life of citizens is legally protected. The Law of Ukraine “On the Protection of Personal Data” has entered into force. This almost completely limits the ability of a private detective to legally receive any information, including basic address information, without the consent of the person concerned. Chef-Director of the Emergency Management Agency "Economic Security" ALLAN "Berezin A.K. (Ukraine, Lugansk), an option was proposed, when collecting information, to use the powers of a journalist, who are legally enshrined in Ukraine, in a private detective. The methods and goals of a journalist and a private investigator are very similar in their activities. The general director of the LLC Legal Detective Agency EL ES GROUP LLC Sinitsyn VA (Ukraine, Sumy) suggested using a lawyer's request to obtain information about a person of interest.
In general, the conference achieved its main goal - to objectively inform interested representatives of Ukrainian authorities, private detectives, etc. about the time and causes of detective activity in Ukraine, its historical stages of development, pressing problems and prospects.
The participants of the International Scientific and Practical Conference were awarded the appropriate certificates.
The VI Congress of the Association of Detective Services of Ukraine “ARSS” was opened by the vice-president of ADSS “ARSS” A. Berezin (Ukraine, Lugansk). Since five delegates from seven members of the association took part in the congress, the secretary of the congress was not elected. The congress was attended by the guest of honor of the congress President of NP International Association of Detectives Matushkin A.N. (Russia, St. Petersburg). Participants of the International Scientific and Practical Conference were admitted to the congress as observers (without the right to vote and speech).
Congress Agenda:
1. Discussion of the results of the ADSS “ARSS” for the entire period of its existence, ie from 1992 to the present.
2. Consideration of the reorganization of the association in accordance with its new tasks and state re-registration, taking into account the requirements of Ukrainian legislation.
3. Consideration of issues on changing the status of the association, legal address and composition of the leadership.
After the report on the agenda of the congress, discussions between delegates, the following decisions were made:
1. The Congress unanimously came to the conclusion that over the years of its activity, the ARSS ADSU completely fulfilled its tasks.
2. At present, the continued existence of the association makes sense in order to solve for its members common tasks in:
- Representation of the interests of members of the Association in central and local authorities;
- Cooperation with public authorities on the formation of policies in the field of culture, education, entrepreneurship, law related to detective work and, directly, private investigation;
- Participation in the preparation and conduct of joint projects;
- Assisting members of the Association on the organization of production, establishing business cooperation with Ukrainian and foreign partners, attracting investments, etc .;
- Protection of the commercial interests of members of the Association;
- Social and legal protection of members of the Association and their staff;
- Information and consulting support for members of the Association;
- Training of specialists in detective work;
- Development and submission of proposals to the Council of Ministers of Ukraine on improving the legislative framework in the field of detective and entrepreneurial activities in general;
- Representation of the professional interests of members of the Association in international organizations and associations;
- Combining the efforts of members of the Association to develop detective activities;
- The implementation of advertising support for members of the Association in the international and domestic markets;
- Creation of conditions for the development of detective activity;
- Exchange of experience
3. The Association is a non-governmental, independent, voluntary, non-profit, non-profitable and self-regulatory organization uniting enterprises and citizens-entrepreneurs on a voluntary basis.
4. Since foreign legal and detective organizations were declared to join the Association, upon re-registration, assign it the status of “International” and change its name to: “International Association of Detective Services“ ARSS ”.
The headquarters of IADC “ARSS” (legal address) shall be located in Lugansk (Ukraine).
Berezin Aleksandr Konstantinovich (chief director of the Allan Private Enterprise “Allan”, Lugansk), was elected President of the ARSS ARDS;
Kostorny Aleksandr Dmitriyevich (co-owner of Otpor LLC, Lviv) to be elected Vice-President of ARSS ARDS
After the answers of the leaders of IADC “ARSS” to the questions of those present about the development prospects for members of the Association, critical comments and wishes, delegates of the VI Congress on behalf of the Council of NP “MOD” were welcomed by the President of NP “MOD” Andrei Nikolayevich Matushkin. He congratulated the management and members of the ARSS “ARSS” on the successful holding of the congress and expressed a desire, after re-registering the Association, to conclude a cooperation agreement with the ARDS “ARSS” within the framework of a non-profit partnership.
Heads of IADC “ARSS” and its members were congratulated by the candidate for election of the mayor of Yalta, Ilash S.F.
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