What hinders the activities of private detectives in Kazakhstan?
12:33 07 October 2021 182
Private detective activity is not recognized by national legislation as an independent type of entrepreneurial activity, although global practice shows that civilized states recognize this type of entrepreneurial detail.
On October 7, 2021, a meeting of the Council for the Protection of the Rights of Entrepreneurs and Anti-Corruption was held at the Atameken NCE under the chairmanship of Kairbek Suleimenov. Representatives of state bodies, business and associations took part in the work of the council. The Council considered the issue of private detective work.
Opening the council, Kairbek Suleimenov recalled that private detectives in Kazakhstan should have been legalized 9 years ago: the instruction to introduce the institute of private detective activity was announced by President Nursultan Nazarbayev in a message to the people of Kazakhstan in 2012: "Socio-economic modernization is the main vector of development of Kazakhstan" .
In 2013, the government developed and submitted to the parliament a draft law "On private detective activity", which was subsequently withdrawn by the developer due to fundamental objections of certain ministries and departments.
"...excessive reinsurance, reassessment of the onset of possible threats and risks, forecasting the formation of competition between the state and the private sector retain the monopoly right of law enforcement and special agencies to protect public order, fight and prevent crime, protect citizens from illegal and criminal encroachments," the chairman of the council noted Kairbek Suleimenov.
Private detective activity is not recognized by national legislation as an independent type of entrepreneurial activity, although global practice indicates the recognition of this type of entrepreneurial activity by civilized states. The legislation does not prohibit the implementation of private detective activities. The current position of the institution of private investigation is illegitimate. This activity is carried out in a veiled form by private security companies, security services of commercial enterprises (banks), as well as individual individuals.
At the same time, the lack of legal regulation of private detective activity allows persons providing such services to evade tax, license and other obligatory payments to the budget, they are not legally liable to clients and are not controlled by state bodies. In addition, the lack of legitimacy of private detective activity may involve criminal structures in this area, which in a veiled form will be able to use the services of private detective for criminal purposes.
The right to protect the rights and freedoms of citizens, like any monopoly position, ultimately leads to stagnation and a lack of quality of services provided. In 2020, out of almost 71,000 appealed decisions and actions of all public authorities and their officials (70,927), law enforcement agencies account for almost 11,000 appeals (10,898), which is 15.3%. In 2020, almost 15,000 complaints (14,980) were filed on justice issues - 19.6% of all complaints (76,364). More than 2,000 complaints were received regarding the activities of the administrative police (2036) - 7.7% of all complaints addressed to it (26,434); on investigation issues - more than 8.5 thousand complaints (8,656), or 13% of the total number (66,256). Such figures are not only not alarming, but are a signal of serious problems in the field of law enforcement.
The burden of responsibility for ensuring law and order should be placed on society as a whole, including business, the members of the council believe. The state should cooperate and jointly bear the burden of responsibility for crime and its consequences, which is fully covered by the concept of the Law "On the Prevention of Offenses".
The position of state bodies on the regulation of private detective activity is not shared by citizens, legal entities, including law enforcement professionals. Research results and actual data of legal statistics show that the existing monopolization of the personal security system is not effective enough, Kairbek Suleimenov noted. Protection of the rights and interests of legal entities and individuals would be more fruitful if subjects of private detective activity were involved in this area.
"The adoption of legal regulation will create a legal basis for the institution of private detective activity and stimulate the development of a professional market for private detective services. This will generally have a positive impact on the development of small and medium-sized businesses," summed up Kairbek Suleimenov.
During the council, recommendations were made to the Ministry of Justice, the Ministry of Internal Affairs and the Prosecutor General's Office. Thus, in accordance with the Law "On Legal Acts", the Ministry of Justice was recommended to provide for the development of a draft law on private detective activity and, together with the Ministry of Internal Affairs and the Prosecutor General's Office, its concept.
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