Proposals for the draft Law

[Детективное агентство. KTS958. Нижневартовск.]

Good afternoon colleagues!
I’m publishing an announcement from the Association of Russian Detectives website, I think it concerns not only members of the association, but all of us related to the investigation. Anyone have a suggestion send.

dear Colleagues
Posted: 01/20/2011

February 14, 2011 in Moscow, the Chamber of Commerce and Industry of the Russian Federation will host a meeting on improving the Russian legislation in the field of search and protection. I and Prof. V. Shestakov will speak. Professor V. Shestakov. A separate law regulating detective work has been finalized. He requested that all members of the Association send their opinion on the advisability of returning to the law a detective organization as a subject of detective activity, what it should have the organizational legal form, what should be the status of a detective in this organization.

I ask everyone, by February 1, to send their thoughts to the headquarters of NP ARD.

Sincerely, President of NP "ARD" Shcherbenev Alexey Grigoryevich

Send offers to the address marina-ard@mail.ru ARD website [DLMURL] https://www.ard.su [/ DLMURL]

 

[ДНК]

Dear colleague, if it does not bother you, drop the draft law on NPV here .... with great pleasure we will take part in the discussion.

 

[Детективное агентство. KTS958. Нижневартовск.]

Dear colleague, if it does not bother you, drop the draft law on NPV here .... with great pleasure we will take part in the discussion.

I will ask a question. Why the question, the blog of the Law on a detective enterprise is not ready, so I am exhibiting in all the forums that I know.

 

[ДНК]

I am an individual entrepreneur, I work alone, let's say I need the help of colleagues on an ongoing basis ... three of us are going to, everyone knows each other, everyone trusts, two have a license, the third one does not, we rent an office, buy tables, chairs, computers and work. ... well, why do we need OOO ??? we will post some kind of brand “detective agency TriO” .... or register a non-profit partnership as NP ARD ...... this is not the main issue of a separate law on NPV .... it is better to consider the possibility of expanding powers (at least the possibility of officially send inquiries and receive information ... and it would be better to have powers as a journalist in conducting journalistic investigations) ...

 

[Адвокат]

I support DNA.

BH is a commercial activity, so you should not limit BHs to any specific organizational and legal forms.

It is more relevant to talk now about expanding the list of BH powers, means and methods by which a positive result can be achieved.

In addition, it is necessary to supplement not only the NPV law, but also the procedural legislation with provisions that will enable detectives to legalize the results of their activities in the courts.

 

[Детектив-Молдова]

Good afternoon, colleagues.
The specific organizational and legal form of detective activity nevertheless gives detectives certain advantages.
One of them is the opportunity to unite different specialists under one “roof” (I realize that some will say that if I need a specialist I will turn to him separately).
I have a proposal, of this kind, to envisage in the draft law a norm that would stipulate that detective activity is not entrepreneurial activity. The form of reporting to fiscal authorities (more simplified) depends on this.
As an option of legal form, you can offer:
- individual detective agency (bureau);
- Associated detective agency, (bureau).
A license should be issued to a specific person, provided that it is issued only to persons with a specific work experience in law enforcement agencies (operational, investigative or related to public order protection) or who have undergone a special training course at some educational institution of the Ministry of Internal Affairs (preferably at a university e).
It can be proposed to develop and introduce amendments to the CPC, according to which private detectives are equated with “ascertaining bodies”, then their powers will expand more significantly.
Western legislation has long gone this way.
And in general, the more the state delegates from its competence to the private sector, the higher the democracy in such a state!

 

[Казахстан]

In article 5 "Actions of private detectives" it is necessary to add the opportunity written survey citizens and officials, of course, with the consent of the interviewee. To collect information on civil and criminal cases, this opportunity will be very useful.

 

[Плотников Юрий Михайлович]

Good afternoon colleagues!
I completely agree with DNA and Lawyer. The legal form of NPV is not the issue that should be discussed
and make any suggestions to the draft law. Actual talk is really about empowerment, means and
methods by which the detective will carry out his professional activities. We are all from the right
security system, had access to state secrets. Currently private licensed private
we have certain responsibilities. Why not provide the law on NPV with the possibility of legal use of information
a resource of the Information Center of the Ministry of Internal Affairs of the Russian Federation on the basis of written requests. Well, no less important, and maybe more, is the introduction of a procedural
legislation of proposals that would allow us to legalize the results of our investigations in the courts.

 

[@InfoPoisk]

In article 5 "Actions of private detectives" it is necessary to add the opportunity written survey citizens and officials, of course, with the consent of the interviewee. To collect information on civil and criminal cases, this opportunity will be very useful.

It is necessary not to insert this provision in the BHD law, but to make a reference to another law allowing application. In the law "On Horde" a wider range of activities recognized as legal. If this right is extended to NPV, then the problem will be automatically solved in the majority of cases of evidence.
But the application of the law "On ARD" imposes obligations on the subject, including procedural ones, and any legally drawn up procedural document, an authorized person is and is recognized as an action aimed at compliance with the law, including criminal. If there is no such right, then the subject himself is a person who has violated the law (interference with his personal life, privacy of correspondence and telephone conversations).
However, the difficulty here will be the application of a number of provisions that are permitted only by the judge. This is the second part of the list of operative measures of the law "On Horde", but if at least the first part of the measures is resolved, then a number of existing difficulties will disappear and the law will be on its side when presenting any claims to the detective.
The proposed above is very difficult, since the resulting link part necessitates amending a number of articles of the existing federal laws, and this is a long procedure (although with the intention of introducing the Law "On Police" into the law "On Horde", the CPC, etc. will be changes are made)
Therefore, it would be correct to formulate in the new law on the NPV a list of measures by which a person engaged in detective work and who is not a representative of law enforcement agencies will be allocated

 

[Детектив-Молдова]

I support DNA.

BH is a commercial activity, so you should not limit BHs to any specific organizational and legal forms.

It is more relevant to talk now about expanding the list of BH powers, means and methods by which a positive result can be achieved ...

From the international experience that I have studied in this field of activity, it is known that in many Western countries the legal form of NPV is defined by law, this is:
- specialized (combined) bureau of private detectives, or
- individual detective bureaus, formed in accordance with the legislation on commerce (although, I think that in our activity a completely different object of legal relations, and commerce is optional).
The competency, the powers vested in private detectives, largely depend on the dressed "mantle" of the legal form. I am sure, over time, in 10-20 years, in our countries, detectives will have broader powers. Simply, at the moment, the state is “afraid” to give broader powers than those provided for by these laws (in most CIS countries they are very similar).
It is necessary to fight for expanding the powers of the BH, punching them at all levels and by all possible means (legal), including lobbying in the good sense of the word.
I think that it is necessary to propose the separation of private detective activities from security activities. This is a completely different activity and should be regulated by separate laws.