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”
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