Матушкин Андрей Николаевич
Президент IAPD
Staff member
Private access level
Full members of NP "MOD"
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Private detective: with a "crust" and tied hands
On February 17, the Verkhovna Rada adopted the draft law "On private Detective activity"in the first reading. Whether it will succeed in becoming a law — we will see. The fact is that the fate of the bills adopted in the first reading may turn out to be, to put it mildly, unpredictable.
Remember how in April 2016, many media outlets reported that in Ukraine, they say, "the law on private detectives was adopted". Well, it was adopted in the first reading, and then the president proposed amendments, and everything ended with a presidential veto, which could not be overcome. And in December 2018, the draft law "On private detective (investigative) activities" safely ceased to exist.
But, let's assume that the story of the bill No. 3010, for which the parliamentarians voted the other day, will end with a happy ending, and it will eventually become a law. Does this mean that private detectives will be able to work effectively in the legal field? But this is unlikely.
Did you want too much?
In the draft law prepared six years ago, the fifth president Poroshenko was confused, for example, by the fact that the Ministry of Justice had to issue permits to private detectives, and the search is what the internal affairs bodies are engaged in. And in general, that bill allowed detectives to do too many incomprehensible things, in particular, to collect information that could serve as evidence in court. What about the Criminal Procedure Code of Ukraine? According to it, full-fledged evidence must be collected in compliance with the requirements of this very Code of Criminal Procedure. Or at least surveillance is also a matter for the competent authorities. There were also questions about the collection of information: why should individuals, even detectives, be allowed to collect it? In general, there is nothing to take liberties here, get a veto.
This week, they had to listen to as many as two new "detective" bills: one authored by deputies from the "Servant of the People", the second-the fruit of the joint creativity of legislators from the "Batkivshchyna" and the OPZH. Guess which one passed? Of course, the first one, so we will focus on it in more detail.
However, we should immediately say that there are few fundamental differences between draft laws No. 3010 and 3010-1, and they are not so fundamental. For example, one uses the concept of "detective agency", in the second it is called "association". According to one, a certain "authorized body" should control private detectives, according to another-the Ministry of Internal Affairs.
They have one thing in common: the possibilities of a private detective are so small that, honestly, it's not worth trying so hard for a license.
There is "something", but there is no word
All this time, until there was a law, there are no private detectives in our country, as it were, either. Meanwhile, it is worth asking a search query on this topic, as a shaft of advertising from private agencies and separately practicing professionals falls on the seeker. Even on the OLX resource, along with ads for pedigreed cats and used bicycles, it turns out that there are plenty of ads offering private investigation services. And, by the way, along with the usual offers — to find a lost thing, make a dossier on a business partner or potential employee, or follow the second half, there are also offers of quite exotic services. For example, to check a potential partner on a polygraph. Or here's another interesting thing-provocation of treason. Checking a spouse for fidelity in one agency will cost, for example, 5 thousand UAH and above. An attractive partner will roll up to your half, and if the half bites, the process of courtship and, who knows, maybe the fall (for a fee) will be documented.
By the way, an explanatory note was attached to the bill No. 3010-1 authored by the people's deputies from Batkivshchyna and OPZH, which very intelligently describes the situation with detective services in the world and Ukraine. For example, in Britain, it says, the number of personnel of private security and detective firms is twice the number of police officers. And in the United States, the budget of private security services is twice the budget of the state police, and they employ more than a million employees. In a small Israel with a population of just over 5 million (for comparison, about 3 million people live in Kiev alone), more than two thousand detective and security companies work. And the World Association of Detectives, founded in 1925, unites professionals from more than 60 countries of the world.
God be with them, with other countries. In the explanatory note to the bill from the "servants", the arguments are more mundane, but no less weighty. It turns out that in the Classifier of Professions of Ukraine there are approved requirements for the provision of detective services and even the corresponding QED for "the activities of security services and conducting investigations".
But there is no law regulating the activities of individual entrepreneurs who have decided to investigate. The situation is like in a children's song about a certain part of the body — there is "something", but there is no word.
Who can become a detective
So, let's briefly go through the draft law No. 3010, adopted in the first reading. A private detective can be "an individual who has the citizenship of Ukraine, a full higher legal education or a higher education in the specialty "law enforcement", speaks the state language", has three years of work experience in the field of law or law enforcement, has passed the appropriate training and received a certificate of the right to engage in private detective activity. You can't be a detective if you have an outstanding criminal record, mental disorders, problems with alcohol or drugs and work in judicial, law enforcement and government agencies.
A detective can work as a lone wolf, that is, an entrepreneur, or he can create a legal entity-a detective agency. Data on detectives are entered in the Unified Register of subjects of private detective activity.
Private detective-only with written permission
The most interesting part is the field of activity and the rights of a private detective. You can search for data about people in open sources, you can find out biographical data-with the written permission of the object. You can search for missing people, animals and things, watch children and incapacitated people and disabled people by order of their legal representatives. You can identify and expose illegal surveillance, search for and find cases of plagiarism and theft of intellectual property. You can even look for debtors.
But the data necessary for the consideration of court cases is allowed to be searched only if the contract is concluded with one of the parties to the process.
And in general, things are sour with the rights of a private detective. You can, for example, apply with requests to state authorities and local self-government, because anyone can do this. You can get acquainted with the documents of enterprises, inspect the territory, but only with the permission of enterprises. Any materials and documents to study — with the permission of the owner. Oral questioning is also only with the permission of the interviewees. It is prohibited to collect data related to the personal life, political or religious beliefs of people without the written consent of these people. (Imagine that a certain news agency decided to hire detectives to conduct an independent investigation. And here it is not: it turns out that it is illegal to find out the most interesting things.)
The list of prohibitions and permits prescribed in the bill is quite long, and its essence can be reduced to one phrase: a private detective is allowed the same as an ordinary citizen, no more. However, if a detective has dug up something, this" something " is protected by a detective secret. And thanks for that.
A reasonable question arises: why should a detective declare publicly that he is a detective? In order to pay for a license to be taken "under the hood" by the appropriate body, invented by the authors of the bill?
... Oh, yes, also in order to get special training. The programs are developed by the "central executive authority that ensures the formation and implementation of state policy in the field of education and science". Anyone who has studied to be a private detective (for a fee, of course) receives a "document of a higher education institution of the established sample". Diploma of a detective, simply put.
... To summarize. The law on private detectives is needed. The draft law "On private detective activity" is aimed rather at bringing out of the" shadow " those who offer provocations of adultery and the search for pets on OLX. But with such conditions, it is easier for them to continue working in the "shadow".
And the bill adopted in the first reading is, again, not yet a law.
После прочитанного вспомнил май 2016 года)Private detective: with a "crust" and tied hands
On February 17, the Verkhovna Rada adopted the draft law "On private Detective activity"in the first reading. Whether it will succeed in becoming a law — we will see. The fact is that the fate of the bills adopted in the first reading may turn out to be, to put it mildly, unpredictable.
Remember how in April 2016, many media outlets reported that in Ukraine, they say, "the law on private detectives was adopted". Well, it was adopted in the first reading, and then the president proposed amendments, and everything ended with a presidential veto, which could not be overcome. And in December 2018, the draft law "On private detective (investigative) activities" safely ceased to exist.
But, let's assume that the story of the bill No. 3010, for which the parliamentarians voted the other day, will end with a happy ending, and it will eventually become a law. Does this mean that private detectives will be able to work effectively in the legal field? But this is unlikely.
Did you want too much?
In the draft law prepared six years ago, the fifth president Poroshenko was confused, for example, by the fact that the Ministry of Justice had to issue permits to private detectives, and the search is what the internal affairs bodies are engaged in. And in general, that bill allowed detectives to do too many incomprehensible things, in particular, to collect information that could serve as evidence in court. What about the Criminal Procedure Code of Ukraine? According to it, full-fledged evidence must be collected in compliance with the requirements of this very Code of Criminal Procedure. Or at least surveillance is also a matter for the competent authorities. There were also questions about the collection of information: why should individuals, even detectives, be allowed to collect it? In general, there is nothing to take liberties here, get a veto.
This week, they had to listen to as many as two new "detective" bills: one authored by deputies from the "Servant of the People", the second-the fruit of the joint creativity of legislators from the "Batkivshchyna" and the OPZH. Guess which one passed? Of course, the first one, so we will focus on it in more detail.
However, we should immediately say that there are few fundamental differences between draft laws No. 3010 and 3010-1, and they are not so fundamental. For example, one uses the concept of "detective agency", in the second it is called "association". According to one, a certain "authorized body" should control private detectives, according to another-the Ministry of Internal Affairs.
They have one thing in common: the possibilities of a private detective are so small that, honestly, it's not worth trying so hard for a license.
There is "something", but there is no word
All this time, until there was a law, there are no private detectives in our country, as it were, either. Meanwhile, it is worth asking a search query on this topic, as a shaft of advertising from private agencies and separately practicing professionals falls on the seeker. Even on the OLX resource, along with ads for pedigreed cats and used bicycles, it turns out that there are plenty of ads offering private investigation services. And, by the way, along with the usual offers — to find a lost thing, make a dossier on a business partner or potential employee, or follow the second half, there are also offers of quite exotic services. For example, to check a potential partner on a polygraph. Or here's another interesting thing-provocation of treason. Checking a spouse for fidelity in one agency will cost, for example, 5 thousand UAH and above. An attractive partner will roll up to your half, and if the half bites, the process of courtship and, who knows, maybe the fall (for a fee) will be documented.
By the way, an explanatory note was attached to the bill No. 3010-1 authored by the people's deputies from Batkivshchyna and OPZH, which very intelligently describes the situation with detective services in the world and Ukraine. For example, in Britain, it says, the number of personnel of private security and detective firms is twice the number of police officers. And in the United States, the budget of private security services is twice the budget of the state police, and they employ more than a million employees. In a small Israel with a population of just over 5 million (for comparison, about 3 million people live in Kiev alone), more than two thousand detective and security companies work. And the World Association of Detectives, founded in 1925, unites professionals from more than 60 countries of the world.
God be with them, with other countries. In the explanatory note to the bill from the "servants", the arguments are more mundane, but no less weighty. It turns out that in the Classifier of Professions of Ukraine there are approved requirements for the provision of detective services and even the corresponding QED for "the activities of security services and conducting investigations".
But there is no law regulating the activities of individual entrepreneurs who have decided to investigate. The situation is like in a children's song about a certain part of the body — there is "something", but there is no word.
Who can become a detective
So, let's briefly go through the draft law No. 3010, adopted in the first reading. A private detective can be "an individual who has the citizenship of Ukraine, a full higher legal education or a higher education in the specialty "law enforcement", speaks the state language", has three years of work experience in the field of law or law enforcement, has passed the appropriate training and received a certificate of the right to engage in private detective activity. You can't be a detective if you have an outstanding criminal record, mental disorders, problems with alcohol or drugs and work in judicial, law enforcement and government agencies.
A detective can work as a lone wolf, that is, an entrepreneur, or he can create a legal entity-a detective agency. Data on detectives are entered in the Unified Register of subjects of private detective activity.
Private detective-only with written permission
The most interesting part is the field of activity and the rights of a private detective. You can search for data about people in open sources, you can find out biographical data-with the written permission of the object. You can search for missing people, animals and things, watch children and incapacitated people and disabled people by order of their legal representatives. You can identify and expose illegal surveillance, search for and find cases of plagiarism and theft of intellectual property. You can even look for debtors.
But the data necessary for the consideration of court cases is allowed to be searched only if the contract is concluded with one of the parties to the process.
And in general, things are sour with the rights of a private detective. You can, for example, apply with requests to state authorities and local self-government, because anyone can do this. You can get acquainted with the documents of enterprises, inspect the territory, but only with the permission of enterprises. Any materials and documents to study — with the permission of the owner. Oral questioning is also only with the permission of the interviewees. It is prohibited to collect data related to the personal life, political or religious beliefs of people without the written consent of these people. (Imagine that a certain news agency decided to hire detectives to conduct an independent investigation. And here it is not: it turns out that it is illegal to find out the most interesting things.)
The list of prohibitions and permits prescribed in the bill is quite long, and its essence can be reduced to one phrase: a private detective is allowed the same as an ordinary citizen, no more. However, if a detective has dug up something, this" something " is protected by a detective secret. And thanks for that.
A reasonable question arises: why should a detective declare publicly that he is a detective? In order to pay for a license to be taken "under the hood" by the appropriate body, invented by the authors of the bill?
... Oh, yes, also in order to get special training. The programs are developed by the "central executive authority that ensures the formation and implementation of state policy in the field of education and science". Anyone who has studied to be a private detective (for a fee, of course) receives a "document of a higher education institution of the established sample". Diploma of a detective, simply put.
... To summarize. The law on private detectives is needed. The draft law "On private detective activity" is aimed rather at bringing out of the" shadow " those who offer provocations of adultery and the search for pets on OLX. But with such conditions, it is easier for them to continue working in the "shadow".
And the bill adopted in the first reading is, again, not yet a law.
+ Greetings to youWelcome all! I would like to chat with you
+ Приветствую васПриветствую всех! Хотелось бы пообщаться с вами
I agree. More of these!Very interesting stuff. More of these
Согласен. По больше таких!Очень интересный материал. По больше таких
Спасибо за интересный материал! По больше таких!Private detective: with a "crust" and tied hands
On February 17, the Verkhovna Rada adopted the draft law "On private Detective activity"in the first reading. Whether it will succeed in becoming a law — we will see. The fact is that the fate of the bills adopted in the first reading may turn out to be, to put it mildly, unpredictable.
Remember how in April 2016, many media outlets reported that in Ukraine, they say, "the law on private detectives was adopted". Well, it was adopted in the first reading, and then the president proposed amendments, and everything ended with a presidential veto, which could not be overcome. And in December 2018, the draft law "On private detective (investigative) activities" safely ceased to exist.
But, let's assume that the story of the bill No. 3010, for which the parliamentarians voted the other day, will end with a happy ending, and it will eventually become a law. Does this mean that private detectives will be able to work effectively in the legal field? But this is unlikely.
Did you want too much?
In the draft law prepared six years ago, the fifth president Poroshenko was confused, for example, by the fact that the Ministry of Justice had to issue permits to private detectives, and the search is what the internal affairs bodies are engaged in. And in general, that bill allowed detectives to do too many incomprehensible things, in particular, to collect information that could serve as evidence in court. What about the Criminal Procedure Code of Ukraine? According to it, full-fledged evidence must be collected in compliance with the requirements of this very Code of Criminal Procedure. Or at least surveillance is also a matter for the competent authorities. There were also questions about the collection of information: why should individuals, even detectives, be allowed to collect it? In general, there is nothing to take liberties here, get a veto.
This week, they had to listen to as many as two new "detective" bills: one authored by deputies from the "Servant of the People", the second-the fruit of the joint creativity of legislators from the "Batkivshchyna" and the OPZH. Guess which one passed? Of course, the first one, so we will focus on it in more detail.
However, we should immediately say that there are few fundamental differences between draft laws No. 3010 and 3010-1, and they are not so fundamental. For example, one uses the concept of "detective agency", in the second it is called "association". According to one, a certain "authorized body" should control private detectives, according to another-the Ministry of Internal Affairs.
They have one thing in common: the possibilities of a private detective are so small that, honestly, it's not worth trying so hard for a license.
There is "something", but there is no word
All this time, until there was a law, there are no private detectives in our country, as it were, either. Meanwhile, it is worth asking a search query on this topic, as a shaft of advertising from private agencies and separately practicing professionals falls on the seeker. Even on the OLX resource, along with ads for pedigreed cats and used bicycles, it turns out that there are plenty of ads offering private investigation services. And, by the way, along with the usual offers — to find a lost thing, make a dossier on a business partner or potential employee, or follow the second half, there are also offers of quite exotic services. For example, to check a potential partner on a polygraph. Or here's another interesting thing-provocation of treason. Checking a spouse for fidelity in one agency will cost, for example, 5 thousand UAH and above. An attractive partner will roll up to your half, and if the half bites, the process of courtship and, who knows, maybe the fall (for a fee) will be documented.
By the way, an explanatory note was attached to the bill No. 3010-1 authored by the people's deputies from Batkivshchyna and OPZH, which very intelligently describes the situation with detective services in the world and Ukraine. For example, in Britain, it says, the number of personnel of private security and detective firms is twice the number of police officers. And in the United States, the budget of private security services is twice the budget of the state police, and they employ more than a million employees. In a small Israel with a population of just over 5 million (for comparison, about 3 million people live in Kiev alone), more than two thousand detective and security companies work. And the World Association of Detectives, founded in 1925, unites professionals from more than 60 countries of the world.
God be with them, with other countries. In the explanatory note to the bill from the "servants", the arguments are more mundane, but no less weighty. It turns out that in the Classifier of Professions of Ukraine there are approved requirements for the provision of detective services and even the corresponding QED for "the activities of security services and conducting investigations".
But there is no law regulating the activities of individual entrepreneurs who have decided to investigate. The situation is like in a children's song about a certain part of the body — there is "something", but there is no word.
Who can become a detective
So, let's briefly go through the draft law No. 3010, adopted in the first reading. A private detective can be "an individual who has the citizenship of Ukraine, a full higher legal education or a higher education in the specialty "law enforcement", speaks the state language", has three years of work experience in the field of law or law enforcement, has passed the appropriate training and received a certificate of the right to engage in private detective activity. You can't be a detective if you have an outstanding criminal record, mental disorders, problems with alcohol or drugs and work in judicial, law enforcement and government agencies.
A detective can work as a lone wolf, that is, an entrepreneur, or he can create a legal entity-a detective agency. Data on detectives are entered in the Unified Register of subjects of private detective activity.
Private detective-only with written permission
The most interesting part is the field of activity and the rights of a private detective. You can search for data about people in open sources, you can find out biographical data-with the written permission of the object. You can search for missing people, animals and things, watch children and incapacitated people and disabled people by order of their legal representatives. You can identify and expose illegal surveillance, search for and find cases of plagiarism and theft of intellectual property. You can even look for debtors.
But the data necessary for the consideration of court cases is allowed to be searched only if the contract is concluded with one of the parties to the process.
And in general, things are sour with the rights of a private detective. You can, for example, apply with requests to state authorities and local self-government, because anyone can do this. You can get acquainted with the documents of enterprises, inspect the territory, but only with the permission of enterprises. Any materials and documents to study — with the permission of the owner. Oral questioning is also only with the permission of the interviewees. It is prohibited to collect data related to the personal life, political or religious beliefs of people without the written consent of these people. (Imagine that a certain news agency decided to hire detectives to conduct an independent investigation. And here it is not: it turns out that it is illegal to find out the most interesting things.)
The list of prohibitions and permits prescribed in the bill is quite long, and its essence can be reduced to one phrase: a private detective is allowed the same as an ordinary citizen, no more. However, if a detective has dug up something, this" something " is protected by a detective secret. And thanks for that.
A reasonable question arises: why should a detective declare publicly that he is a detective? In order to pay for a license to be taken "under the hood" by the appropriate body, invented by the authors of the bill?
... Oh, yes, also in order to get special training. The programs are developed by the "central executive authority that ensures the formation and implementation of state policy in the field of education and science". Anyone who has studied to be a private detective (for a fee, of course) receives a "document of a higher education institution of the established sample". Diploma of a detective, simply put.
... To summarize. The law on private detectives is needed. The draft law "On private detective activity" is aimed rather at bringing out of the" shadow " those who offer provocations of adultery and the search for pets on OLX. But with such conditions, it is easier for them to continue working in the "shadow".
And the bill adopted in the first reading is, again, not yet a law.