https://www.naviny.by/rubrics/society/20 ... 16_378655 / this is the VOICE of a professional on the same topic !!! .... in the same edition .....
Pavel Prygunov: “Private investigators do not want unnecessary control” Anna Kibenok | October 2011, (No. 324) print version
Director of the Educational and Scientific Institute for Security Management at the University of Economics and Law CROC is a former operational officer who has been studying the problems of using operational search methods for more than ten years. Recently, he has been training personnel for companies working in the field of security. Many of his graduates seek to become private detectives. “VD” Pavel Prygunov talked about why private investigators resist the adoption of a law regulating their activities.
Is it true that private detectives are interested in ensuring that their activities are not regulated by law?
- Any activity that may limit the constitutional rights of citizens or allows you to interfere in their personal lives, necessarily requires legal regulation and regulation. Private detectives have “free hands” compared to state power structures. But they cannot do without special knowledge, connections and skills. Today, the question of what methods a private detective can work is relevant. If the law on warrants provides an agent-based method, then a private detective cannot recruit agents. Because the subjects of the ARD are the state, which guarantees the security of confidential relations. A private detective has no right to carry out the same external surveillance. Therefore, detectives are interested in legitimizing their activities, determining what methods they can use. While this is not there, naturally, private investigators do not want unnecessary control.
That is, something does not suit detectives in the proposed bills?
- The problem is not in the law, but in its content. In particular, in the paragraph on the methods of detective work. It is necessary to regulate access to the same official databases. For example, banking security systems have access to work in the Passport system. It allows you to determine whether a future borrower provides a fake document, if this person is wanted or not, if this passport was lost. No one questions: and on what basis do banks have access to this base? Therefore, a mechanism should be developed, for example, through the coordination council, where detectives are registered, where they gain the right to access information that is not related to information received through the ARD. However, they should be responsible for using the information that they receive.
Do detective agencies support licensing of their activities?
- When we talk about the introduction of licensing, we mean the formation of the next mechanism of control of the state apparatus over entrepreneurial activity. First you need to understand how dangerous a private detective is for society in order to license and control it. I believe that, first of all, it is necessary to develop mechanisms for the preparation of detectives and their certification. An adaptation system must operate - this is an additional education in the field of detective work. Only in this way can a violation of the constitutional rights of citizens be avoided, and the use of the traditional warfare methods usual for operatives be avoided.
What legislative framework governs private investigators in Ukraine?
- We have a law on information, according to which they most often work. An agreement is concluded with clients not for detective services, but for the provision of information and analytical services. Detective agencies in their activities are guided primarily by civil law governing the provision of services. Private investigators today can act in the legal field of the Civil and Commercial Codes, as well as the law on advocacy and legal practice. Now in Ukraine, it is not detective activity in general that is banned, but its elements. For example, violation of the secrecy of correspondence, telephone conversations, etc. That is, this is all the information that is transmitted by communication or through a computer. The activities of private detectives are illegal even in cases where they relate to cases such as verification of spousal fidelity or data specified by someone in an autobiography. After all, Art. 32 of the Constitution of Ukraine prohibits any interference in the personal and family life of citizens and does not allow the collection and use of confidential information about a person without his consent. The exclusive right to conduct secret monitoring of individuals and collect evidence of their wrongful acts is reserved only to law enforcement agencies, and private detectives do not belong to them.
In your opinion, what developed countries should Ukraine be guided by?
- In England and Germany, a system of interaction between private detectives and government agencies has been very effectively built: detectives have a license and access to the police information system. Russia, having hastily adopted the law on private detective work, has since been constantly correcting it. In many countries there are problems with detective work, and above all with its legal regulation. In Ukraine, there is officially a private detective profession, it is defined in the National Classification of Professions DK 003: 2010 under No. 3450, and there is no legal and educational support for private detectives in Ukraine.
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