The powers of private detectives will clarify
It is proposed to regulate the right of a private detective to engage on a contractual basis a specialist for consultation
October 3, 2011
A bill has been introduced to the State Duma to legislatively secure the rights of a private detective. Amendments are proposed to be introduced into the Law of March 11, 1992 N 2487-I "On Private Detective and Security Activities in the Russian Federation."
So, in case of adoption of the law, the article "Rights of a private detective" will replace the current article 5 "Actions of private detectives." According to a new article, a detective will be given the right to:
to carry out monitoring to obtain information for the purpose of investigation, including using technical means, with the exception of special technical means intended for secretly obtaining information;
take actions to consolidate (fix) the traces of the event;
collect and submit objects and documents that may be recognized as material and other evidence;
engage on a contractual basis experts to clarify issues related to the provision of detective services;
to record (including using technical and other means) information related to the detective service rendered to him, while observing state and other secrets protected by the legislation of the Russian Federation.
As before, the detective will be able to:
to interrogate, with their consent, persons allegedly possessing information related to the subject of the service provided by the detective;
research objects and study documents with the written consent of their owners;
to use, in cases and in the manner established by the Government of the Russian Federation, video and audio recordings, film and photography, technical and other means that do not harm the life and health of citizens and the environment.
The bill also clarifies that the detective has the right to conduct an external inspection of buildings, structures, structures, premises, land, vehicles and other objects to obtain the information necessary to perform the service provided. In addition, his right to collect information necessary to perform the provided service is regulated, including requesting certificates, characteristics and other documents from state authorities, local authorities, public associations, as well as other organizations. Moreover, these bodies and organizations are required, in the manner prescribed by federal law, to issue the detective the documents requested by him or their certified copies.
"The lack of legislation in the field of search for regulation of the rights of a private detective is a significant gap that does not allow to clearly distinguish between private detective and operative-search activities, leads in practice to a violation of the rights and legitimate interests of citizens, creates difficulties in providing detective services, does not contribute to the creation of a civilized market of these services, "say the authors of the bill.
Source: IA "GARANT"