About private detectives.

[Азербайджан. Баку.]

Re: Reasons to Hire a Private Detective

Thank.

 

[Матушкин Андрей Николаевич]

Re: Private investigation in Krasnoyarsk

Interesting.

Thanks for working on the forum. +1

 

[Матушкин Андрей Николаевич]

Re: Reasons to Hire a Private Detective

Thank.

Thanks for working on the forum. +1

 

[НСК-СБ]

An extremely distorted view is imposed on the activities of private detectives, which impedes our work.

Alexander Krioni detective. October 18, 2011, 18:51

Media, the authors of sticky detective novels deliberately "tarnish" the image of the Russian detective to raise their own ratings. In numerous interviews and television programs, the detective is presented for some reason, as a clever elusive armed businessman violating the human right to privacy.
And the recent story prepared by ORT staff is bitterly confirmed.

On Thursday, on the first in the news, viewers were able to watch a discussion between a journalist and my esteemed colleague - detective Oleg Pytov about the activities of private detectives in Russia. The original conversation is posted on the site of the federal television channel ORT here.

First of all, I thank the Ekhovites for the provided public platform.

Dear Echo readers and other interested persons, colleagues!

I do not agree not only with the position of lawyer Vladimir Komsomolev on this issue, but also with the opinion of my colleagues.

I'll try to justify.

From the transcript, the reader concludes that the legality of detective activity in Russia is in question, since “the detective’s main tool is external surveillance, it can be done only with the personal consent of the object, and in writing. “But the severity of laws, as usual, is tempered by their non-fulfillment. Therefore, they are being watched on the street and at home, with and without consent. ” - we read further.

The journalist Maxim Voronin sees the reason for breaking the law as the customer is ready to pay the detective just for breaking the law. And if the service is in demand, there will always be those who provide it.

I agree, this is so ... but if the detective, in the subject of the contract with the customer and in accordance with the Law on Private Detective and Security Activities of 1993, makes the necessary reservation “with his written consent”.

Those. before monitoring a person, the detective must warn the person whom the detective will follow. Nonsense? Not! And that's why.

Who gave the right to the detective in general to offer the service of external surveillance of a person? Let me remind you that the detective carries out his services under a private search agreement. And if one of the detectives listed below would have provided Mr. Voronin with a contract, which in the subject says about the external observation of a citizen with his consent, then I would understand: 1) where does the correspondent get such a judgment and 2) the reason why in the North-West district Moscow, only one detective out of more than twenty conducts real, and not fictitious, economic activities.

Understanding the vector set by the journalist in this television interview, I understand the message of the lawyer Vladimir Komsomolev, who proposes to prohibit the institution of private investigation in Russia to exclude the commission of crime by detectives. “Detectives cannot provide a service without violating their rights,” the lawyer said. Breach of confidentiality of correspondence, receipt of extracts by telephone calls are all “illegal, prohibited by law” and only possible “in the framework of a criminal case”. Accordingly, the activities of the detective who deals with this is illegal.

I agree with Vladimir and understand how simple it is to mislead a person who does not read the laws. But it surprises me that my colleagues were not able to augmentedly prove to the lawyer the erroneousness of his opinion and give their list of activities that they offer their customers.

For example, an individual entrepreneur under the designation “Detective Svetlana” turns out to have found an easy way how to carry out surveillance and not violate the right to privacy of citizens and, apparently, does not see anything forbidden in this. The arguments of the secret agent Svetlana converge at one point: the accident of installing a writing bookmark bug, just a car or a person looming behind, does not violate the rights of citizens guaranteed by the Constitution.

Unfortunately, I also do not understand the position of Detective Pytov, who, instead of conveying to the viewers the idea of the general usefulness of the interaction between the detective and civil society, actually speaks of his 15 years of experience with the “established” good connections. “And you help people, and you earn money, and you become useful to society.” I can only hope that such “connections” do not extend to the former colleagues of the detective from the Ministry of Internal Affairs. Since if a former colleague, and now an active police officer, uses his personal time and opportunities to solve the detective’s business tasks, then this is called an official crime.

In accordance with the provisions of Section 2 of Chapter 8 of the European Convention for the Protection of Human Rights, activities such as surveillance, violation of personal correspondence, wiretapping, etc. prohibited. Moreover, the use of the above-mentioned illegal activities in detective activities makes their further use senseless, since the detective’s activities are aimed at collecting factual information so that a lawyer or patent attorney can present them in court as admissible evidence.

Neither surveillance, nor wiretapping, nor printouts can be recognized by the court as admissible evidence, since their receipt is inextricably linked to a violation of the human right to privacy. Moreover, such a provision on the procedure for collecting and presenting evidence concerns not only detectives, but also law enforcement officers authorized to conduct operational-search measures.

We do not violate human rights! The detective’s activities are not related to tracking spouses and unfaithful wives, we do not look for stolen cars, do not carry military weapons and do not resell printouts!

The detective’s activities are closely and transparently connected with the activities of a lawyer and the activities of law enforcement officials authorized to conduct ORM; It is aimed at the collection and examination of documents, the search and covert interview of witnesses; on identification of the person; to search for signs of a crime, including in case of violation of the rights of the customer in the field of intellectual property.
I think such TV interviews, which emphasize the activities of detectives on violating their personal rights and freedoms of citizens, cause significant harm to the institution of the Russian private investigation, are aimed at discrediting private investigators engaged in real, not fictitious detective activities.
[DLMURL] https://echo.msk.ru/blog/y644232/821886-echo/ [/ DLMURL]

 

[Частный детектив Киев.]

Re: On the activities of private detectives, a land is imposed on society

Thanks Andrew, interesting ..

But the message of Alexander Krioni on the activities of a private detective in the European Union:

In accordance with the provisions of Section 2 of Chapter 8 of the European Convention for the Protection of Human Rights, activities such as surveillance, violation of personal correspondence, wiretapping, etc. prohibited. Moreover, the use of the above-mentioned illegal activities in the detective activity makes their further use senseless, since the activities of the detective are aimed at collecting factual information so that the lawyer or patent attorney can present them in court as admissible evidence. Neither surveillance, nor wiretapping, nor printouts can be recognized by the court as admissible evidence, since their receipt is inextricably linked to a violation of the human right to privacy. Moreover, such a provision on the procedure for collecting and presenting evidence concerns not only detectives, but also law enforcement officers authorized to conduct operational-search measures.

- not quite right.

Gathering factual information for use in court is a smaller part of what private detectives in the EU do, not to mention the United States.

 

[Частный детектив Владимир]

Re: On the activities of private detectives, a land is imposed on society

Dear colleague! I completely agree with you in the arguments about the violation of the secrecy of personal correspondence and telephone conversations, but, however, what is surveillance in the concept of media representatives, some of our colleagues and ordinary people? It’s just the equivalent of a “surveillance” operational-search event, that’s all. And during this event, even law enforcement authorities do not require court authorization. Even without a detective license, as a locksmith or a cook, I have the right to walk along the street for anyone, look at anyone, and even photograph anything on my phone. The main thing is not to go into a dwelling, on private territory or on objects protected by such concepts as state. secret. But the one (one) who I look at (observe) or not will notice me, this is already a question of "sleight of hand and no fraud": D
PS The fact of the so-called "surveillance" still needs to be proved

 

[Детективное агентство Кострома]

Re: On the activities of private detectives, a land is imposed on society

Hello gentlemen. I read and think that you are trying to deceive yourself, or you really believe that the detectives are guaranteed-legal connection with the lawyer, etc., etc. Compare the law on the warrants and the list of what is allowed to the detective ... The result - they did not sue rustle, they show - they violated the law, rights, etc.
Alexander K.

 

[inquisitor45]

Re: On the activities of private detectives, a land is imposed on society

Article 55 Code of Civil Procedure of the Russian Federation. Evidence
Evidence in the case are factual information received in the manner prescribed by law, on the basis of which the court determines the presence or absence of circumstances justifying the claims and objections of the parties, as well as other circumstances relevant to the proper consideration and resolution of the case.
This information can be obtained from the explanations of the parties and third parties, testimonies of witnesses, written and material evidence, audio and video recordings, and expert opinions.

 

[Игорь Коракс]

Re: On the activities of private detectives, a land is imposed on society

thank

 

[Орлан]

got various media entities and other entities whose purpose on the scandals to earn a reputation or rating.
if something seems or is not clear to this lawyer, let him talk with the practitioners and then moo on the air.
Thank you for the article.