draft law on Private Detective Activity in Lithuania

[Витаутас. Частный детектив г. Вильнюс. Литва]

draft law on Private Detective Activity in Lithuania

Since October last year, a working group created by the Parliament on this occasion has been developing a law on detective work.
In April of this year, the draft law was prepared and submitted to the parliament, where it is still lying without movement (with such a draft, it may be for the best). Now we have elections to the parliament, the new government will come, not before this law, so if they raise the issue of the law, it will be at best by February 2013, unless of course the end of the world comes…
I put the draft of this law prepared by the working group in a free translation, although I tried to preserve the accuracy of the wording of the articles of this law prepared by the developers. Since I had the opportunity to get acquainted with certain aspects of the process of preparing this law, I am struck by the fact that most of the members of this working group (the rest of the ignorant in these matters, let it be forgiven in this case) have a kind of higher legal education, and can not legally correctly formulate the provisions of the articles of the law, and spend all their energy not on discussing the main provisions of this law, but on insignificant, insignificant formulations…

Law of the Republic of Lithuania on Private Detective Activity
(prepared by the working group of the Parliament)

CHAPTER I. GENERAL PROVISIONS

Article 1. Purpose of the law
This law establishes the legal basis, principles, goals of private detective work, the specifics of the organization and conduct of this activity, the rights, duties and responsibilities of persons engaged in private detective work, and also regulates the supervision of private detective work.

Article 2. Basic concepts of this Law

1. XX Employee - a person employed by a private detective, a group of private detectives or an enterprise engaged in private detective work, used to perform technical, administrative and other functions that are not directly engaged in private detective work.
2. XX Client - a natural or legal person who is provided with the services of a private detective.
3. Supervisory authority - an authority authorized by the Government of the Republic of Lithuania (hereinafter referred to as the Government) that performs the functions of licensing private detective activities and exercising control over private detective activities.
4. Enterprise engaged in private detective activity - a legal entity established in the Republic of Lithuania or another member State of the European Union, or a subdivision thereof, which has a license issued in accordance with the procedure established by this law to engage in private detective activity.
5. Licenses of private detective activity (hereinafter referred to as the license) - a document issued by the Government of the authorized authorities that grants individuals or legal entities the right to engage in private detective activity.
6. Technical measures in private detective work - means and methods that are not prohibited by laws and other regulatory acts for the identification, collection, research, protection and provision of evidence or other relevant information.
7. XX Contract for the provision of private detective services (hereinafter referred to as the contract) - a written agreement between the client and a private detective, a group of private detectives or an enterprise engaged in private detective activities, for the provision of private detective services.
8. Group of private detectives - a group formed on a professional basis without the formation of a legal entity from two or more private detectives to engage in private detective activities.
9. Certificate of a private detective - a document issued by the Government authorized by the authorities, confirming that the person is a private detective.
10. Private detective badge - a government-authorized agency issued by a private detective with an established form of badge for identifying a private detective.
11. Private detective activity - consulting, research and (or) search (search) activities carried out in the provision of the private detective services specified in this Law, in order to help individuals and legal entities to protect their rights and freedoms or to realize their legitimate interests.
12. Private detective - an individual who, in accordance with the law, has a license issued for private detective activity, a certificate and a badge of a private detective.

Article 3. Legal basis of private detective activity
The legal basis of private detective activity is the Constitution, the Law on the Protection of Personal Data, this and other laws of the Republic of Lithuania, international treaties of the Republic of Lithuania and other legislative acts.

Article 4. Principles of private detective work
1. Private detective work is based on the principles of democracy, legality, respect for constitutional rights and freedoms, the coordination of professional secrecy and publicity. A private detective must perform his professional duties in good faith, not disclose the life circumstances of other persons obtained in the course of his work, as well as commercial and other secrets protected by law.
2.At the same time, a private detective may not be in the public service.
3. A person who has suffered damage as a result of illegal actions( inaction), persons engaged in Private detective work, have the right to claim compensation for property and other damage.

CHAPTER II. Fundamentals of the organization of private detective work

Article 5. Requirements for a private detective
1. A private investigator may be a citizen of the Republic of Lithuania or another member State of the European Union or other persons who, in accordance with the legislation of the European Union, enjoy the right of movement in the Member States with higher education, know the state Lithuanian language, and have passed the qualification examination of a private investigator and obtained a license in accordance with the procedure established by the Government.
2. A private detective may not be a person who is prohibited by this law.
3. The program of the qualification examination, the organization and procedure for its passing, the recognition of professional qualifications acquired in the Republic of Lithuania in another Member State of the European Union or in another country, shall be established by the Government authorized body.
4. Private detective work must be covered by civil liability insurance. The object of compulsory insurance of civil liability of private detective services is the responsibility of a person providing private detective services for damage caused by illegal actions (inaction) of a private detective, a group of private detectives or an enterprise engaged in private detective activities or their employees. The minimum insurance amount for one insured event should not be less than 750 basic social benefits (something like 97 thousand litas - about 1.1 million rubles). Article 6. Prohibition to engage in private detective work
1. It is prohibited for persons to engage in private detective work.:
1) convicted of minor or less serious intentional crimes, if the criminal record has not disappeared or has not been legally annulled;
2) convicted of serious or especially serious intentional crimes, even if the criminal record has expired or been canceled in accordance with the law;
3) to whom the license was revoked for violations of licensing activities and 2 years have not passed after that;
4) who are prohibited from engaging in the activities of a private detective by a court decision;
5)) who have mental and behavioral disorders. Persons seeking to become private detectives, authorized authorities provide a document that they do not have mental and behavioral disorders.
2. The requirements of paragraph 1 also apply to the founder, the shareholder holding more than 50 percent of the shares and the head of the enterprise engaged in private detective work. Article 7. Forms of private detective activity
1. The forms of private detective activity are as follows:
1) individual;
2) a group of private detectives - an association of professional partnerships, and without creating a legal entity. A group of private detectives works on the basis of joint professional activities (partnerships);
3) an enterprise engaged in private detective work. In this case, at least one private investigator with a valid license must work.
2.In order to engage in private detective work, a license is required.
3. Carrying out activities individually or as part of a group of private detectives, the subject of legal relations is the private detective himself.
4. A private investigator can choose only one of the item 1 form of BH activity. A private detective has the right to change the form of BH activity. Article 8. Employees (Personnel)
1. A private detective, a group of private detectives or a company engaged in private detective work has the right to hire employees who can perform auxiliary, technical or administrative functions. Such employees do not need a private investigator's license.
2. An employment contract with an employee is concluded by a private detective group of private detectives or an enterprise engaged in private detective work.
3. The employee is obliged to keep secret the information transmitted to the emu in connection with the performance of the services specified in this law, except for legal reasons. Article 9. Certificate and badge of a private investigator
1. A person who has received a license is issued a private investigator's certificate and a badge. A private detective who carries out a BDD certificate and a sign must have with him.
2. The procedure for issuing, exchanging and withdrawing a private investigator's certificate and a badge shall be established by a government-authorized body.
Article 10. Private detective services
1. A private detective, a group of private detectives or a company engaged in private detective work can provide the following services:
1) search for missing persons or persons recognized as missing by law, collecting information about these persons;
2) at the request of parents (adoptive parents), guardians, guardians, monitoring the behavior and environment of minor children( foster children), persons with limited or partially limited legal capacity, who are assigned guardianship or guardianship by law, as well as collecting other information about them;
3) collecting, at the request of the client, information necessary in civil, labor or administrative court proceedings;
4) search for and establish, at the request of the customer, people, objects, documents, data or other potentially important information or its sources that are relevant to the criminal process; 5) collect, at the request of the person, information about his origin, family ties, biographical and other information;
6) ensuring the protection of the client's commercial, industrial and (or) professional secrets of the client; ensuring technical security in premises, vehicles or other places legally owned by their owner or legal owner, as well as computers or mobile devices, protection from eavesdropping, surveillance and espionage at the request of the owner or legal owner; 7) search at the request of the owner or legal owner of the stolen, misappropriated, embezzled or otherwise stolen or missing property, as well as the document of ownership or other information on it;
8) collection of information necessary to ensure and protect intellectual property rights and consumer rights;
9) advice on private detective work;
10) performing other research or search services that do not contradict the laws and meet the goals of private detective activity specified in this law.
2. Private detective services, except for consulting services, are offered only by entering into a contract with the client. The contract must specify: the services provided or the service, the registration number and the date of issue of the license of the service provider, the term of the contract, the amount of payment for the services. The contract may also provide for other conditions.

Article 11. Duties of a private detective
1. A private detective carrying out private detective work is obliged to:
1) respect human rights and freedoms;
2) to keep secret the information provided to him by the client or a third party or collected in the course of providing detective services, not to transfer this information without their written consent to other persons, except in cases provided for by law;
3) upon learning about the preparation, commission or commission of serious or particularly serious crimes, immediately inform the law enforcement authorities;
4) after using a firearm or other items for self-defense, if necessary, provide first aid, immediately inform the local police station that a firearm was used.
2. A private detective is prohibited:
1) transfer your license, certificate or mark to other persons;
2) to collect information protected by law, to carry out actions that require judicial authorization or that can only be carried out by laws defined by the subjects;
3) publish, provide or transfer to other persons information collected on behalf of the client or transmitted by third parties without their consent, publish information constituting a trade secret, except in cases provided for by law; use the information for purposes contrary to the interests of the client or third parties, or use it for purposes other than the purposes it was collected;
4) use the registration and distinguishing marks of state institutions, and present themselves as civil servants;
5) perform actions that may endanger the state security, life or health of a person, and may also cause damage to the property of other persons or the state.

Article 12. Private investigator's rights
1. Private detectives, providing the services specified in the contract, have the right to::
1) the collection, recording, research and provision of information, documents or things that, in accordance with the law, can be recognized as evidence or can be used in another manner for the provision of services defined by this law. To collect, record, research and provide information, a private investigator can use technical means;
2) to carry out an inspection in public places, objects or other objects located in them; as well as to inspect other places, objects, things, documents and other objects with the consent of their owner or legal owner;
3) with the consent of the person, interview him about the establishment of the circumstances of the fact, event or case under investigation and record these explanations;
4) in accordance with the procedure specified by laws and other regulatory acts, obtain information, documents or copies thereof from state or local government bodies and enterprises, or a reasoned refusal to provide them, if the requested information contradicts the provisions of other laws. The petitions of a private investigator must contain data indicating the need to provide the required data regarding the service provided;
5) terminate the contract if the provision of services under the contract threatens to violate the rights of third parties or they have been violated. Upon termination of the contract on this basis, the reasons for termination of the contract are provided to the customer in writing.
2. Having learned about the preparation, commission or commission of crimes or other offenses, a private detective has the right to demand the termination of illegal actions or omissions, as well as to detain a person caught at the time of committing or immediately after committing a crime. The arrest must be reported to the police immediately.

CHAPTER THREE Licenses for private detective work

Article 13. Issuing licenses
1. Licenses for individuals and legal entities are issued by a Government-authorized body, in accordance with the established rules for issuing, extending, suspending, canceling, suspending, and canceling licenses.
2. The license is issued for an indefinite period.
3. The authority authorized by the government to issue a license or re-register takes a decision within 30 days from the date of receipt of the necessary documents.
4. If the applicant submits an incomplete or incorrectly completed application or has not provided all the documents and information necessary for issuing a license. In this case, the licensing authority within 5 working days from the date of receipt of the request, notifies the applicant of the need to submit the missing documents or information. The period for issuing a license starts from the date of submission of properly executed documents and information.
5. If a properly executed application for a license, submitted together with all the necessary documents and information, is not answered within 30 days, it is considered that the license has been issued.
6. Decisions on the issuance, extension, suspension, cancellation, suspension or cancellation of licenses may be appealed in court.
7. All the procedures and formalities provided for by this law related to the issuance of a license or the implementation of licensing activities can be done remotely, by electronic means through a contact center or directly by contacting an institution authorized by the Government.

Article 14. Fundamentals of non-issuance and non-re-registration of licenses
1. The license is not issued or re-registered:
1) all the necessary documents for obtaining a license or its re-registration are not provided;
2) false information or false documents are provided for issuing the license;
3) an individual or legal entity had a license, but the license was revoked for violating the license activity and 2 years have not passed.
2. A license is not issued to an individual or is re-registered if the prohibitions set out in this Law apply to the relations of a private detective.
3. A license is not issued to a legal entity if the prohibitions set out in this Law apply to the relations of the legal entity.. Article 15. Suspension of the license and cancellation of the license suspension
1. The license may be suspended if:
1) the licensee has submitted an application for suspension of the license;
2) the licensee has grossly violated the laws and other legal acts related to the licensed activity, and it takes more than 30 days to eliminate the violation.
2. The license holder must be notified in writing by the authorized body of the claims and possible suspension of the license, giving him at least 20 days to eliminate violations. During this period, the licensee is obliged to remove the violations of the activity. After the expiration of the term, the supervisory authority must check the elimination of violations and make the appropriate decision.
3. The license may be suspended for up to 3 months. During this period, the licensee is obliged to remove the violations of the activity that caused the license to be suspended.
4. If the committed violation is investigated in accordance with the procedure and terms of other legal acts, the license may be suspended until the relevant decision is made on the case under investigation.
Article 16. Cancellation of licenses
1. Licenses are revoked if:
1) the licensee has submitted an application for revocation of the license;
2) a private detective is recognized as missing or dying (applicable only to individuals);
3) it turns out that the license was issued or re-registered on the basis of false information or forged documents;
4) it turns out that the license holder is subject to the prohibitions set out in this Law;
5) it turns out that the license was suspended, but the licensee did not eliminate the violation of the licensed activity within a 3-month period;
6) the court's decision on the annulment of the license has entered into force;
7) the licensee has not started the implementation of private detective activities within 12 months after the issuance of the license.
2. The revocation of the license takes effect immediately after the announcement of the decision to revoke the license, although it is disputed.
3. If the license holder does not re-register the license within the specified period, the license is considered invalid.

CHAPTER IV FINAL PROVISIONS

Article 17. Supervision of private detective activities
Supervision of private detective activity is carried out by an instance authorized by the Government, and within its competence, other state instances in accordance with the procedure provided for by this Law and other legislative acts.

Article 18. Responsibility of Private detectives
Private detectives who violate the requirements of this law or other legislative acts are liable in accordance with the legislation of the Republic of Lithuania.

Article 19. Entry into force of the law
This Law, with the exception of article 20, enters into force ... ................ 2013 years.

Article 20. Proposal to the government and / or its authorized bodies
The Government and (or) an instance authorized by it, before the date of entry into force of this Law, shall adopt legislative acts on the implementation of this Law.



To separate articles of this draft law, there are also comments from other state bodies (legal offices of the government and parliament, etc.), the main ones are briefly listed:
- Taking into account the specifics of the BCD and the fact that it will affect the private life of citizens, criminal proceedings, etc., the BCD cannot be interpreted as a normal business activity, so special requirements for the BCD are needed.
- the project is given the concept of natural and legal persons, but in the EU for the NPV can be formed and organizations not having a legal status that should be reflected in the law (the company is engaged in NPV)
- part 2 and 3 of article 4 does not come to her and these provisions is, in other articles, the principles should be indicated exactly how you can follow in NPV
- it is necessary to take into account the directive of the European Parliament and the European Union of 2006.12.12 Nr. 2006/123/EB on services in the domestic market. In this regard, the requirements for the State language in article 5 are discriminatory. Also, the requirement to have a higher education is not justified, since this is not in the legislation of some other EU countries, so this requirement may not be. The project should specify clear requirements for a person who wants to become a BH
- in article 6 about prohibitions, and what does the concept of "have mental and behavioral disorders" include ?
- to Article 7 concerning the forms of the BDD, parts 2, 3, 4 are not needed in the article
- article 10, paragraph 6. on the part of law enforcement: by providing this service, the subject of the BDD can neutralize the oper. activities, so introduce a requirement that they must advance for 3 (three?) the day to notify the prosecutor's office about the planned provision of this service to the client, as well as in case of detection of eavesdropping and other special services. We need to hand it over to the prosecutor's office immediately.
- install the spec.prohibition of subjects of the BDD to interfere with the investigation bodies in the performance of their functions, to mislead, to use violence, etc. (i.e. all that is already provided for by the Criminal Code, Civil Code and other laws).
- to introduce the requirement for the conduct of proceedings subject NPV (???).
- to prevent interference in the private lives of citizens to establish a more precise regulation of the limits, terms, conditions and volume NPV (i.e., in practice limit the rights BH )
- to remove part 7 of Article 13 about the paperwork at a distance, by electronic means via the contact center,
- many irrelevant comments on articles 15 and 16

Some brief comments on my part about the draft law prepared by the working group, which I consider to be poorly prepared and not from a legal point of view.
- The law on BDD itself is necessary only if private detectives are granted certain rights and the opportunity to legally obtain the necessary information, a certain status, thereby distinguishing them from the general categories of citizens who can perform activities related to BDD without any special law.
- There is no need, and this is to some extent contrary to the logic and meaning of entrepreneurship, to require on the same terms as an individual to force him to choose a license for an enterprise engaged in BDD, which must necessarily include a private detective. It will be enough that the BDD enterprise will be issued a simplified permit to engage in BDD (see my draft law), and the license is issued only to an individual
- In Article 2, some concepts (client, contract, employee, etc.) are not needed, since this is stated in the civil Code and other laws and there is no need to set out these concepts here in addition, especially since they give some new inept interpretation of such concepts...; also, Article 8 is not needed, everything is said about this in labor and other legislation, you can only mention in Article 7 that the subjects of the BDD can hire employees who do not have the status of BH.
- persons applying to become a BHA must have either an appropriate professional qualification (higher legal education, work experience in law enforcement agencies) or pass the appropriate exam, since the BHA itself requires at least a minimum amount of legal knowledge that can be obtained at a university, higher school, or independently studying science and passing the exam that is needed to test knowledge. Think like this: special. the commission recognizes the professional qualification of a person as appropriate on the basis of the submitted documents on education and work in law enforcement or the passed exam and issues a document on the recognition of qualifications (this procedure applies to us in relation to security guards), and this already entitles the person to obtain a license.
- there is no need for part 4 of Article 5, regarding compulsory insurance, this is a matter for each subject of the BDD, by the way, the same opinion was expressed by the Association of insurers of Lithuania.
- part 2 of Article 6, why the requirements apply to a shareholder only if he owns more than 50 % of the shares, and if 49 or less %, then that he is clean and can participate in the BDD!!! The bar should be lowered to 5-10 % to exclude only small shareholders who do not participate in the management of the enterprise.

- add to paragraph 4 of Article 10 that the BH is obliged to notify the investigator, prosecutor or judge of the service provided to the client in a particular criminal case.

- The law should show what necessary documents must be provided for obtaining licenses, namely: an application form with a photo, a certificate with a medical certificate. institutions, a document confirming professional activity .qualifications. For an enterprise BDD-you need data on the enterprises, its founders, shareholders, managers and BH working there; h 7 of Article 13 to remove.

- The licensing of BDD should be the same for all citizens, both of Lithuania and the EU, and should be carried out according to the laws of Lithuania. In different EU countries, the requirements for BH are also different and no one looks there that in another country it is regulated differently.

Next, I present my own version of the law based on the draft law of the working group of the Parliament.

 

[Витаутас. Частный детектив г. Вильнюс. Литва]

The draft is based on a law prepared by a working group of parliament

Law of the Republic of Lithuania on Private Detective Activity

CHAPTER I. GENERAL PROVISIONS

Section 1. Purpose of the Law
This law establishes the legal basis, the principles of private detective activity, the features of the organization and implementation of this activity, the rights and obligations of persons engaged in private detective activity, and also regulates the supervision of private detective activity in the Republic of Lithuania (hereinafter - the Republic of Lithuania).

Section 2. Basic Concepts of this Law

1. Private detective activity (hereinafter referred to as NPV) - consulting, research, search (search) and other activities carried out in the provision of private detective services specified in this law, in order to help individuals and legal entities protect their rights and freedoms or realize their legitimate interests.
2. Private detective - an individual who, in accordance with the legislation of the Republic of Latvia, has a issued license for private detective activity, an identity card and a private detective badge.
3. A group of private detectives is a group of two or more private detectives formed on the basis of a unified professional activity in the manner prescribed by the legislation of the Republic of Lithuania, without the formation of a legal entity to engage in joint private detective activity.
4. An enterprise engaged in private detective activity (hereinafter referred to as the NPV enterprise) established in the Republic of Lithuania or another Member State of the European Union (hereinafter referred to as the EU), a legal entity or its subdivision or organization that does not have the status of a legal entity in the manner prescribed by the legislation of the Republic of Lithuania which has expressed its desire to provide NPV services, in which at least one person who has a NPV license issued in the Republic of Lithuania is employed.
5. License of private detective activity (hereinafter - the license) - the government of the authorized instance issued a document to an individual giving him the right to engage in private detective activity.
6. Permission for private detective activity (hereinafter - permission) - by the government of the authorized instance issued a document to the NPV company giving him the right to provide NPV services.
7. Certificate of a private detective - a document issued by the government authorized by the government confirming that the person is a private detective.
10. Badge of a private detective - a sign authorized by the government authorities issued in the established form for identification of a private detective.
11. 3. Institution for the supervision of private detective activities (hereinafter referred to as the supervisory authority or authorized authority) is the authority authorized by the Government of the Republic of Lithuania to carry out the functions of licensing private detective activities and exercising control over private detective activities.
6. Technical measures in private detective work - laws and other normative acts that do not prohibit the use of tools and methods designed to identify, collect, fix, research evidence or other relevant information in order to protect and provide it.

Article 3. Legal basis of private detective work

The legal basis for private detective work is the Constitution of the Republic of Lithuania, this and other laws of the Republic of Lithuania, international treaties signed by the Republic of Lithuania and other legislative acts.

Article 4. Principles of private detective work
1. Private detective work is based on the principles of legality, respect for constitutional rights and freedoms of man and citizen, confidentiality, proportionality and cooperation.


CHAPTER II. Fundamentals of organizing private detective work

Section 5. Requirements for a Private Detective

1. Citizens of the Republic of Lithuania or another EU member state who meet the requirements for professional qualifications, have a law degree or equivalent in law and have been working in law enforcement bodies for at least 5 years, or have passed the private investigator qualification exam in the manner prescribed by the government, can obtain a license for the provision of NPV services .
2. A private detective cannot be a person to whom Art. 6 of this law prohibits.
3. The program, organization and procedure for passing the qualification exam, as well as the recognition of professional qualifications acquired in the Republic of Lithuania or in another EU Member State, shall be established by the government of the authorized body.

Article 6. Prohibitions on engaging in private detective work
1. A private detective or founder, shareholder, director of a NPV enterprise cannot be:
1) a person convicted of less serious, grave or especially grave crimes, regardless of whether the criminal record for him has disappeared;
2) a person convicted of a criminal offense, not serious or not careful crimes, to whom a criminal record has not yet been extinguished;
3) a person to engage in NPV is prohibited by a court decision;
4) the person to whom the license was canceled and 3 years have not passed after that;
5) a person dismissed from service in law enforcement agencies, criminal intelligence entities and the public service for violation of professional or official activity or applying a punishment for gross violation of the labor order, if not after 3 years;
6) a person who is registered with honey. institutions due to alcoholism, drug addiction or mental illness. Persons seeking to become private detectives, as well as BHs when renewing licenses to the supervisory authority are required to provide an appropriate certificate;
7) a person recognized by law to be legally incompetent or partially capable, insane or partially insane;
8) in other cases provided for by the laws of the Republic of Latvia, when a person is expressly indicated to the prohibition of engaging in NPV.
2. The founder or shareholder of the NPV enterprise cannot be a legal entity if it is impossible to establish and verify individuals who are the founders, shareholders or heads of this legal entity.

Article 7. Forms of private detective work
1. The provision of private detective activities is carried out:
1) individually;
2) in a group of private detectives on the basis of the union of joint professional activities (partnerships);
3) an enterprise engaged in private detective work. At least one private detective with a valid license must work in such enterprises.
2. By providing NPV services to a private detective, a group of private detectives, or a NPV enterprise for performing auxiliary work functions, in accordance with labor legislation, may hire employees who do not have the status of a private investigator.
3. When implementing NPVs, NPV entities on a contractual basis may hire individual specialists to clarify or study issues arising during NPV.

Article 8. Identity card and badge of a private investigator
1. A licensee and a private detective will also be issued with a license for the NPV. A private detective carrying out a BWD certificate and sign should have with him.
2. The procedure for issuing, operating, exchanging and withdrawing a certificate and a private detective mark is established by an authorized authority.

Section 9. Private Detective Services
1. A private detective, a group of private detectives, or an enterprise engaged in private detective activities may provide the following services:
1) search (search) for missing or recognized by laws as missing persons, collection of information about these persons;
2) at the request of parents (adoptive parents), guardians, trustees, monitoring the behavior and environment of minor children (foster children), persons with limited or partially limited legal capacity, who have been appointed guardianship or trusteeship legislation, as well as collecting other information about them;
3) collection, at the request of the client, of the information necessary in civil, labor or administrative litigation;
4) at the request of the client, the search and establishment of people, objects, documents, data and other important information or its sources that are important for the investigation of the criminal process Starting to provide this service, a private investigator within three days from the date of the contract is notified in writing to the person conducting the investigation or trial;
5) collection at the request of a person of information about his origin, family ties, biographical and other information;
6) ensuring the protection of commercial, industrial and (or) professional secrets of the client, ensuring technical security in premises, vehicles or other places legally owned by their owner or legal owner, as well as computers or mobile devices, protection from listening, surveillance and espionage upon request owner or rightful owner. Performing this service, the prosecutor’s office is notified about the found devices for listening, monitoring, and espionage, and then the prosecutor’s instructions on this matter are followed and the instructions are passed to the prosecutor’s office;
7) a search, at the request of the owner or legal owner of the stolen, misappropriated, wasted or otherwise stolen or missing property, as well as a document of ownership or other information on it;
8) the collection of information necessary to ensure and protect intellectual property rights and consumer rights;
9) at the request of the employer, credit or insurance company, collection of information on reliability and solvency, employees of the employer or candidates for the workplace, clients of the credit or insurance company, as well as insurance cases in which they participated;
10) advice on private detective work;
11) performance of other research or search services that do not contradict the laws and meet the goals of private detective activity specified in this law.
2. Services of private detective activities, except for consulting services, are carried out only by concluding a contract with a client.

Section 10. Obligations and Restrictions of the Activities of a Private Detective
1. A private detective, conducting private detective activity, is obliged:
1) respect human rights and freedoms;
2) keep confidential the information provided to him by the client or a third party or collected during the provision of detective services, not to transfer this information without their written consent to other persons, except as otherwise provided by law;
3) after learning about the preparation, commitments or committing a criminal offense, inform the law enforcement authorities about this;
2. The private investigator is prohibited:
1) transfer your license, certificate or sign to other persons;
2) to collect information protected by law, to carry out actions that require judicial authorization or which can be carried out only by laws, defined entities;
3) publish, provide or transfer to other persons, information collected on behalf of the client or transmitted by third parties without their consent, publish information constituting a commercial secret, except as otherwise provided by law; use the information for purposes contrary to the interests of the client or third parties or use it for purposes other than that it was collected;
4) use the registration and distinguishing marks of a state institution, be represented by a public servant;
5) carry out actions that may jeopardize state security, human life or health, and may also damage property of other persons or the state.
3. A person working as a private detective cannot simultaneously work in the public service or hold a position in the higher organs of the state. authorities. A private detective does not have the authority and status of a law enforcement officer and, while providing services for the NPV, he cannot perform the actions that are within the competence of law enforcement officials and public servants.

Article 11. Rights of a private detective
1. Private detectives, providing the contract with the specified services, has the right to:
1) methods and technical means not prohibited by laws, collecting, fixing, researching and providing information, documents or things that, in accordance with the law, can be recognized as evidence or can be used in any other way when providing NPV services defined by this law;
2) carry out inspection in public places, objects or other objects located in them; as well as inspect other places, objects, things, documents and other objects with the consent of their owner or legal owner;
3) with the consent of the person, interview him regarding the establishment of the circumstances of the investigated fact, event or case and record these explanations;
4) with the written consent of a person, verify the information provided by him and collect information about him;
5) in accordance with the procedure specified by laws and other regulatory acts, obtain from state or local government bodies and enterprises, and with their consent from private individuals and legal entities, information, documents or their copies, or a reasoned refusal to provide, if the requested information is contrary to the provisions other laws. A private detective’s petition must include data indicating the need to provide the required data regarding the service provided;
5) terminate the contract if the provision of services under the contract threatens to violate laws, the rights of third parties or they have been violated. By terminating the contract on this basis, the reasons for terminating the contract are provided to the customer in writing.
6) enjoy other rights specified in this or other laws that are not reflected in this article.

CHAPTER THREE Basics of licensing private detective work

Section 12. General Provisions for Licensing Private Detective Activities
1. The license for an individual to provide NPV services is issued by an authorized instance, in accordance with the rules approved by the head of this instance. Together with the license, a certificate and a private detective badge are issued in the established form.
2. The license is valid for 5 years. After the expiration of its validity, it is extended to a private investigator by providing an appropriate certificate with honey. institutions and supervisory authorities by checking the private investigator does not apply to him the prohibitions on the provision of NPV services.
3. A person who wants to obtain a license for the NPV to the supervisory authority must provide the following documents: application form with a photo, a certificate with honey. institutions, recognition of professional qualifications. If necessary, the supervisory authority with a reasoned decision may oblige the person to provide other additional documents.
4. The enterprise of the NPV supervisory authority issues a permit for the NPV for a period of 5 years, which, if it meets the requirements of this law, is extended for the same period further. The NPV enterprise should provide data on the enterprises themselves, its founders, shareholders, managers and private detectives working in it to the supervisory authority.
5. The authorized authority shall decide on the issuance or extension of a license or permit within 30 days from the date of receipt of the necessary documents. If necessary, by a reasoned decision, this period may be extended by another 15 days by writing in writing to the applicant.
6. Decisions to issue, extend, suspend or cancel an action, license or permit may be appealed in court.

Article 13. Grounds for non-grant or non-renewal of a license or permit
A license or permit is not issued or renewed if:
1) all necessary documents or information has not been provided, or false information or false documents have been provided to receive or renew;
2) if the prohibitions and restrictions specified in this law are applicable to the relations of an individual or legal entity;
3) by a court decision and in other cases provided for by the laws of the Republic of Lithuania, if the activities of an individual or legal entity do not comply with the laws of the Republic of Lithuania or pose a threat to the security of the state and society.

Section 14. Temporary suspension or revocation of a license or permit
1. For the reasons set forth in this article, the supervisory authority with a reasoned decision may temporarily suspend or completely revoke the license or permit for up to 3 months. By temporarily suspending the validity of a license or permit, their holder must correct the violations for which they were suspended within the specified time period.
2. A license or permit may be temporarily suspended or revoked if:
1) the owner of the license or permit filed an application for temporary suspension of the cancellation of their validity;
2) the owner of the license or permit violated the laws and other legal acts relating to the licensed activity, and it takes more than 30 days to eliminate the violation or the owner continues to violate the written warning of the supervisory authorities;
3) subject to the conditions set forth in Section 13 of this Law and in other cases provided for by laws of the Republic of Lithuania.
2. The owner of the license or permit must be notified in writing by the authorized authority of the claims and the possible suspension or cancellation of the license or permit, providing him with a period of up to 30 days to eliminate violations. During this period, the owner is obliged to remove violations of the activity and inform the supervisory authorities in writing about this, which checks whether the violations have been eliminated and makes the appropriate decision.
3. If a violation committed by the owner of a license or permit is investigated in the manner and terms of other legal acts, the license or permit may be suspended until a decision is made in the case under investigation.
4. If the license holder has not renewed its validity prior to its expiration, it shall be deemed to be invalid.

CHAPTER IV FINAL PROVISIONS

Section 15. Supervision of Private Detective Activities
Oversight of private detective activities is carried out by an authority authorized by the government, as well as other state authorities, within the limits of its competence, in the manner prescribed by this Law and other legislative acts.

Section 16. Responsibility of Private Detectives
Private detectives violating the requirements of this law or other legislative acts are liable in accordance with the laws of the Republic of Lithuania.

Article 17. Guarantees of the activities of private detectives
1. It is forbidden to explicitly or secretly, with the exception of laws provided for in cases, force a private investigator to provide, inspect, verify, familiarize or withdraw information constituting his professional secret or entrusted to him by a client or third parties.
2. A private investigator providing on the basis of a contract of NPV services concluded with a client, if their implementation does not contradict the laws, is not identified with his client and his affairs.

Article 18. Self-government of private detectives
1. To represent their interests, private detectives may unite in associations and unions, whose activities and status are determined in accordance with the laws of the Republic of Lithuania and the charter of those associations and unions.
2. By decision of the government, certain functions for training private detectives, licensing and monitoring of NPVs may be transferred to the self-government body of private detectives.

Section 19. Entry into Force of the Law
This law, with the exception of Article 20, shall enter into force ... ...................... 2013.

Section 20. Proposal for the entry into force of this law
1. The government and (or) the authority authorized by it, until the day this Law comes into force, adopts legislative acts on the implementation of this Law.
2. The government departments of the Republic of Lithuania, whose activities will affect the provisions of this law, shall adopt the necessary amendments to their regulatory acts before the effective date of this law.

 

[Патрушев Михаил Владимирович]

Thank Vytautas What do you think about this project?

 

[Юридическая Компания Лидер]

Thank you so much. For Ukraine it is very useful and relevant.

 

[Detektyvai Kaune]

Vytas.ja sizu v vybornoj komiciji.sam znajesch politicheskuju stanju ..... zakon ....

 

[Юридическая Компания Лидер]

I sympathize...

 

[Андрей Захаров]

Thank. An interesting project. At least a little better than in Russia, but so far only a project ...

 

[Плотников Юрий Михайлович]

Thanks, interesting!

 

[Частный детектив Нижний Новгород]

The project is interesting, there are norms that I would like to see in our law.

 

[Магат]

Your project is very interesting, it would be nice to see some of its moments in Russian legislation