Draft BH Law

[Андрей Захаров]

A discussion of the draft BH Law prepared by scientists is being held .... If anyone has a desire, they can speak out about the draft ...
https://guardinfo.online/2017/03/16/proe ... atelnosti /

 

[Бирюков Кирилл Сергеевич]

by read. and as always I saw another idiocy.
Example: Article 21. Granting Detectives Licenses
documents confirming his citizenship, the presence of higher legal professional education (secondary legal professional education, vocational training to work as a detective), or work experience in operational or investigative units of law enforcement agencies in positions directly related to the implementation of operational-search and investigative activities for at least three years ;

gentlemen in my office 6 people including me and we are all immigrants from the MOB. (uchiki and inquiry) attention question: what kind of discrimination is this? or the IOB did not investigate crimes? 50% of the detective’s entire activity is saucepan warfare. if people from a mob are driven to study, please be there to drive the investigation and opera staff.
I don’t have any official operational experience (business trips, if they took place, then why the hell did they write where)

 

[Андрей Захаров]

by read. and as always I saw another idiocy.
Example: Article 21. Granting Detectives Licenses
documents confirming his citizenship, the presence of higher legal professional education (secondary legal professional education, vocational training to work as a detective), or work experience in operational or investigative units of law enforcement agencies in positions directly related to the implementation of operational-search and investigative activities for at least three years ;

gentlemen in my office 6 people including me and we are all immigrants from the MOB. (uchiki and inquiry) attention question: what kind of discrimination is this? or the IOB did not investigate crimes? 50% of the detective’s entire activity is saucepan warfare. if people from a mob are driven to study, please be there to drive the investigation and opera staff.
I don’t have any official operational experience (business trips, if they took place, then why the hell did they write where)

This requirement also exists in the current Law .... The question is different ... The authors of the project are trying to "impose" an additional burden - mandatory participation in the suppression and detection of crimes and administrative offenses, the mandatory availability of premises for the black hole, they believe that the black hole should to be not the main, but the only type of activity (excluding the provision of legal services in the field of law), the same opportunity is introduced to carry out NPV without a license (to employees of a legal entity-LLC, as in private security institutions) and much more ... Just carefully read the offer initiators and, if possible, give them an assessment ....

 

[Детектив-Юг]

I read the draft new law on NPV, did not delve into it much, but in my opinion it smacks of competition.
An attempt to consolidate the business from which it is most likely those who directly work on the land will drop out.
Private detectives really working in the framework of the law on NPV in Russia and so rare, throughout the country 200 - 300 people.
But additional loads such as office maintenance, subbotniks with Sundays, and even deprivation of the right to earn a penny along the way with additional services and work, will drive detectives into the shadows.
To date, there has been a situation when a person who has received a Private Detective license, after a couple of months already thinks about closing an IP and a license, then there are no clients ..... and in order to attract them, investments in advertising, equipment, and development are needed.
In capitals, you can still do some work, but in the outback there is often no BH, not because there is nobody to do it, but because there is zero income from this activity.

Kirill Sergeyevich, I completely agree with you, it is the MOB that fulfills the bulk of the applications on earth.
But everyone is probably familiar with the general situation with the investigation and the search.

The law should not be complicated but simplified, made transparent and understandable, clearly defining the rights and obligations of private detectives, and not create new ghostly commercial structures aimed at corporate clients and participation in tenders for the State. procurement.

 

[Андрей Захаров]

I read the draft new law on NPV, did not delve into it much, but in my opinion it smacks of competition.
An attempt to consolidate the business from which it is most likely those who directly work on the land will drop out.
Private detectives really working in the framework of the law on NPV in Russia and so rare, throughout the country 200 - 300 people.
But additional loads such as office maintenance, subbotniks with Sundays, and even deprivation of the right to earn a penny along the way with additional services and work, will drive detectives into the shadows.
To date, there has been a situation when a person who has received a Private Detective license, after a couple of months already thinks about closing an IP and a license, then there are no clients ..... and in order to attract them, investments in advertising, equipment, and development are needed.
In capitals, you can still do some work, but in the outback there is often no BH, not because there is nobody to do it, but because there is zero income from this activity.

Kirill Sergeyevich, I completely agree with you, it is the MOB that fulfills the bulk of the applications on earth.
But everyone is probably familiar with the general situation with the investigation and the search.

The law should not be complicated but simplified, made transparent and understandable, clearly defining the rights and obligations of private detectives, and not create new ghostly commercial structures aimed at corporate clients and participation in tenders for the State. procurement.

I completely agree with Victor .... What has been repeatedly said ... However, judging by the discussion on both this and other sites, this topic is not needed by the "drafters" of this bill .... Although there are good scientists among the drafters who probably sincerely want the NPV to really work .... But scientists are scientists ... and practices are practices ... and it doesn't always turn out that scientists listen or at least have a desire to listen to practices ... .I here at several sites suggested repeatedly organizing and conducting a survey of working BHs on the preparation of this Bill ... I even suggested personally participating in the development of the questionnaire questions .... however, the proposal was not heard by the project developers ... Well, okay -Let's see how it goes on ...

 

[Андрей Захаров]

After reviewing the draft Law and discussing this with colleagues, we consider it possible to come up with a proposal to introduce some changes to the project that will contribute to the most effective development of private detective work ... Of course, these are not all the changes that are advisable to make to the project .... But this is most relevant .... Regarding the motivation for making such changes to the draft law, we can discuss all issues (if the authors wish, of course) with the authors of the project .... It is advisable, of course, verbally, because. it takes a lot of time to write ... which you need to spend not on scribble, but on work)))))
We propose to state Art. 4,10,31 in the following edition ...
Article 4. Goals and objectives of detective work
Detective activities are carried out in order to profit, ensure the rights and legitimate interests of customers.
The objectives of detective work are:
Assisting individuals in finding different individuals
ensuring economic and information security of business activities;
The collection of information necessary to ensure the observance of the rights and legitimate interests of citizens and organizations, the protection of their interests in judicial and other instances.
Private detectives and employees of detective organizations do not have the rights and obligations that determine the status of law enforcement officers. However, on a voluntary basis, the detective (detective organization) has the right to conclude a written agreement with law enforcement agencies, according to which additional private detectives (detective organization) may be charged with identifying, suppressing crimes, administrative offenses. The text of the Model Agreement is approved by the departmental order of the law enforcement agency.


Article 10. List of detective services
When carrying out detective activities, a detective organization, a detective shall have the right to provide the following services on the basis of a paid contract for the provision of detective services:
collection of information regarding the person with whom the customer of the service lost family, friendship or other ties

collecting information, objects and documents necessary for individuals and legal entities to prepare various applications, petitions to authorities (including law enforcement, judicial) and organizations.

collection of information on the establishment of an insured event

collection of information for business negotiations, identification of insolvent or unreliable business partners

gathering information about competitors in order to identify facts of possible unfair competition, as well as using the information obtained in conducting marketing research.
The collection of information regarding the identification of the facts and circumstances of the illegal obtaining of a loan, the reasons for non-fulfillment of contractual obligations, the illegal receipt and disclosure of information constituting commercial, banking, business and other secrets protected by law, the illegal use of the results of intellectual activity and means of individualization, violations in the issue of securities, bankruptcy misconduct

the establishment of biographical and other personality-characterizing data on individuals when they conclude labor and other contracts with their written consent;

search for property lost by individuals and legal entities that are in their ownership or other legal possession

collection of information, objects and documents on civil, cases of administrative offenses, cases of enforcement proceedings, cases of tax violations in the interests of participants in the process, as well as participants in enforcement proceedings and taxpayers.

collection of information, objects and documents in criminal cases, as well as statements (reports) about crimes for which verification is carried out in the manner regulated by the criminal procedure legislation on the basis of an agreement with interested persons (participants in the criminal process, their relatives, lawyer, representative). Within a day from the moment of concluding a reimbursable contract for the provision of detective services, the detective organization, the detective shall be obliged to notify the inquiry body, the interrogator, the investigator, the court in which the criminal case is being processed, or the officials conducting the verification of the statement (report) of the crime. If the collection of information is carried out in criminal cases that have been discontinued, or for which a court verdict has been issued that has entered into legal force on the basis of which the convict is serving his sentence, the notification shall be sent to the body that made the decision to terminate the criminal case or to the court that issued sentence
Consulting on the organization of data collection

Individuals and legal entities that do not have the legal status of a detective organization or detective are prohibited from providing the services listed in this article.
Article 31. Detective
A detective is a subject of detective activity, an individual entrepreneur.
A detective is not entitled to hold public office, public service office, or municipal office, or elective paid office in public associations.
The activities of a private investigator-individual entrepreneur should be the main activity
We also propose to exclude Chapter 6 from the text of the project, and from article 37 of the draft the phrase “have a special room designed to receive individuals or representatives of legal entities, to store materials obtained as a result of detective work”

 

[burgman]

It has long been thought that all the innovations in the laws are designed only to pump money out of the people (for retraining, for an additional payment of something).
To play gambling with our state means to always lose.