The lawyer recalled the ban on hiring detectives to spy on spouses

[НСК-СБ]

 

[НСК-СБ]

The lawyer recalled the ban on hiring detectives to spy on spouses

The Plenum of the Supreme Court of Russia has developed a draft resolution explaining how to punish official crimes in commercial organizations. In particular, the draft document recalls the prohibition of private detectives to engage in operational investigative activities. Simply put-to monitor citizens. As Alexander Pogodin, deputy head of the De Jure Lawyers ' bureau, explained to RG, private detectives have the right to observe citizens only in public places. As for the surveillance of spouses suspected of infidelity, this is a prohibited service. The results of such activities cannot be presented in court. A detective caught carrying out such surveillance can be brought to criminal responsibility.

The Supreme Court of Russia clarifies in the draft resolution of the plenum that the exercise of operational investigative activities by a private detective should be recognized as an abuse of authority. Do detectives often arrange secret surveillance? What do they have the right to do in general?

Alexander Pogodin: The implementation of operational investigative activities by a private detective falls under the article on abuse of authority: 203 of the Criminal Code of the Russian Federation. Operational search measures (OPM) can only be carried out by authorized state bodies (the Ministry of Internal Affairs, the FSB, etc.)

Private detectives can provide services for collecting information on civil and criminal cases, conduct oral interviews of citizens with their consent, make inquiries, make an external inspection of buildings, carry out surveillance to obtain the necessary information in order to provide detective services.

It should be noted that the surveys conducted by private detectives, making inquiries and monitoring are strikingly similar to the operational search activities of the same name.
The difference lies in the goals, the limits of what is permitted and the possibilities of using the information received in the legal field, for example, in the courts.

ORMs are carried out to detect crimes, and the actions of private detectives are carried out to provide detective services. During the OPM, it is allowed to restrict the constitutional rights of citizens, for example, the right to inviolability of the home and the secrecy of correspondence, telephone conversations, postal, telegraphic and other messages, the right to respect the honor and dignity of the individual, personal and family life of citizens.
The Supreme Court explained in which cases the heir may not receive anything
A private detective is obliged to comply with the legislation regarding the protection of information affecting the personal life and property of citizens, and in principle cannot restrict the constitutional rights of citizens (Article 7 of the Federal Law "On Private Detective and Security Activities in the Russian Federation").

For this reason, private detectives have the right to conduct surveillance only in public places with exceptions established by law regarding the inviolability of private life.
Is it possible to hire a private detective to spy on a wife suspected of infidelity? What does a detective have the right and what does not have the right to do in such cases?

Alexander Pogodin: As for the surveillance of unfaithful spouses, in reality, of course, it is carried out. However, strictly according to the letter and spirit of the law, private detectives do not have the right to conduct it and use the results of surveillance legally, for example, they cannot in court in a civil case, since there is a ban on collecting information related to private life.
For this reason, there are no serious statistics on the volume of surveillance in Russia.

Another explanation from the document: sending the head of a commercial organization of his employees to repair his apartment or the apartments of relatives will be considered an abuse of authority. Is this often found in commercial organizations? In the old days, a lot was written about how generals send soldiers to personal dachas. But do corporate CEOs send employees to build their dachas and garages or dachas and garages of their relatives?

Alexander Pogodin: Formally, the use of the head of a commercial organization of his employees to repair his apartment refers to abuse of authority (Article 201 of the Criminal Code of the Russian Federation).

However, for criminal prosecution, in addition to the fact of use, it is also necessary to have the fact of causing significant harm. In this case, the degree of violation should be sufficiently high.
It is obvious that the involvement of an employee of a commercial organization by the head for work for personal purposes, as a rule, is voluntary or conditionally voluntary. Therefore, it is extremely rare cases when it is possible to prove the fact of causing significant harm by such actions.

If we are talking about some kind of forced actions on the part of managers that restrict freedom, then there are special norms, for example, Article 127.2 of the Criminal Code of the Russian Federation "The use of slave labor"

The project also talks about "dead souls": people who are only registered in the organization, and the salary goes into someone's pocket. Do the heads of commercial organizations often hire "dead souls"?

Alexander Pogodin: If a manager is also the owner of a company, he decides for himself who to hire and how much to pay to whom, including "dead souls". In the same cases, when the head is an employee, it is often much easier for the owners of the company to dismiss the hired director than to spend resources on criminal prosecution with dubious prospects. For this reason, criminal cases of this category are quite rare.

At the same time, at present, for hiring "dead souls", the head (most often this applies to state officials and heads of state and municipal companies) can be brought to criminal responsibility, depending on the specifics of such compositions as embezzlement, embezzlement or fraud.

 

[Олег Юрьевич]

Considering that this is only a draft resolution so far, it makes sense to wait for its adoption: there is no point in "breaking spears" yet.
And at the same time, one must remember the eternal truth (attributed to various Russian writers as far back as the 19th century): "In Russia, the ferocity / cruelty of the laws is tempered by their widespread non-implementation."

 

[Kiril Harchevnikov]

But can you watch in a public place?

 

[David Mamedov]

Thanks for the enlightenment!

 

[Частный детектив. Москва.]

I am grateful to the author for the news!

 

[частный детектив. Узбекистан. Ташкент.]

Thanks for the post

 

[Детективное агентство Израиль.]

Interesting topic!

 

[seventeam]

Interesting information!

 

[Детективное агентство. Грузия.]

Definitely an interesting topic! Thank you!