collection of information on cases of administrative offenses

[Андрей Захаров]

But it is interesting, in the framework of which Law, is it possible to collect information on cases of administrative offenses? The fact is that the Law "On Private Detective and Security Activities" provides for only two categories of civil and criminal cases. Administrative offenses are not included in either category.

 

[ДНК]

Let me answer.
Initially, you need to look not at the essence of the problem, but at its manufacturing date.
The law on private detective work was adopted in 1992, respectively, was prepared and adopted in various interpretations even earlier - 1990-1991 i.e. within the framework of a civilian, administrative, etc. etc. productions ...
In 1993, a new constitution of the country was adopted and most of the norms of existing legislation are brought in accordance with it.
The law on private detective and security activities in the Russian Federation has not changed in the context of this article.
Theoretically, and practically administrative and civilian branches are different branches. However, the Legislator, at the time of the invention of the law on private detective and security activities (within the framework of democratic trends of that period and fashion to follow the West), probably meant by the term "collection of information on civil cases" and civil and administrative cases, including arbitration (arbitration court in the Russian Federation, as an independent branch appeared only in 1991) more precisely, the law that was written meant only civil law, not imagining that over time separate and extensive types of administrative and arbitration proceedings will develop and disputes and proceedings on them will be on a par with civil and criminal cases ... in addition, look, the law on private detective and security activities has been modified more than 20 times over 20 years, but these provisions have not undergone changes precisely because (in my opinion) this is not an essential issue of this law.
So, from the point of literal interpretation of the law, you are right - the detective cannot collect information on either administrative or arbitration cases ... however (again, in my opinion) if you write paragraph 1, h, into the contract for the provision of detective services with a client .1 Article 3 of the Law (collection of information on a civil case) the number of the administrative or arbitration case and collect the relevant information on it and submit them to the court, they can be taken as evidence. But let your opponents in court prove that you did not have the right to collect information in this industry and this direction .... at the same time there will be a judicial precedent pushing our legislator to issue a separate law on private detective activity in the Russian Federation and a clear description all the rules and regulations ....

 

[Детективное агентство ИКС-Инфо.]

" Allowed that is not Prohibited "...
There is no direct prohibition on collecting evidence on the admin panel?
If not, there are no problems
More precisely, it’s not so - opponents will have questions (Dima, as always right), but this is THEIR problems: D

 

[Роберт]

Do not jeopardize the result. Let the lawyer do everything under the Law on the Bar. And you will somehow agree with a lawyer.

 

[ДНК]

Do not jeopardize the result. Let the lawyer do everything under the Law on the Bar. And you will somehow agree with a lawyer.

The question, in fact, is much deeper .... if the detective collects the necessary information, and any lawyer digs into the letter of the law or, more precisely, its literal interpretation - then the collected information - to the cat at the fifth point ... that is the question. .. of course there is a risk, but there are no precedents on the contrary ... the law is simply old and not perfect ... however, I would act as I described earlier ...

 

[частный детектив Химки]

... IMHO, civil cases are considered in the manner prescribed by the Code of Civil Procedure in the SOYU and the AIC in the AU. Those. the dispute between the two companies about debt recovery, considered in the AU is a typical civil case. A dispute, say, between firefighters and a restaurant about non-compliance with fire safety rules is a typical administrative case, also considered in the AU.

In particular, the Department of Civil Procedure of St. Petersburg State University and the similar department of Moscow State Law Academy adhere to this position.
See, in particular, CIVIL PROCESS. Textbook / Ed. V. A. Musina, N. A. Chechina, D. M. Chechota. — M .: “PROSPECT”, 1998
Chapter xii

 

[Волков А.]

HERE YOU WRITE A COLLECTION OF INFORMATION AND ABOUT ME THE INFORMATION DO NOT COLLECT A LOT OF INFORMATION AND MY CRIMINAL PAST AND MY NEW BUSINESS WHICH DO NOT MEMORY WHAT TO DO !!! PUNCH AND RECOGNIZE BY THE SEASIDE DISTRICT I HAVE A SHARE AND DO NOT TAKE A TAKE BACK))) THERE IS A MILLION I WILL GIVE AND DO NOT TAKE A JAGUAR BATTLE I WILL TAKE IT CAN BE RELAXED AND NOT AFTER)

 

[Андрей Захаров]

I allow myself to disagree with the opinion of respected DNA regarding the fact that there is a difference in the application of substantive law when considering cases in the SOY and AC (all cases are civil there, or cases of administrative offenses), because differences in the jurisdiction of the cases under consideration by these courts only in entities that are plaintiffs or defendants (sole proprietors), in connection with which the legislator differently regulated the activity of these courts for AC-APC RF, for SOYU-GPK RF. This problem, which was discussed, is that in this case the question is not about who will consider the materials on administrative offenses (which courts are the AC, the SOYU, or other authorized bodies), but the question is considered that In principle, in accordance with applicable law, the private investigator is not authorized to collect information on cases of administrative offenses. In connection with this, it is necessary to look for some way out of this situation ... Which is the issue put up for discussion ...