draft law on Private Detective Activity in Lithuania

[Матушкин Андрей Николаевич]

Vytautas, THANKS !!!

 

[Олегас]

law of Lithuania on the activities of private detectives
Zemlya, well done, that your hands reach the coverage of such issues, I was a little behind in the whirlpool, because there is little hope for a sensible law

 

[Плотников Юрий Михайлович]

Thank!

 

[Андрей Захаров]

Thanks Vytautas)))

 

[Арсен]

Thanks Vytautas! The fact that they came up with the law is good. But the law is somehow unfinished and not entirely clear.

 

[Витаутас. Частный детектив г. Вильнюс. Литва]

Greetings to colleagues
It seems that our business is moving towards the spring of 2015. Parliament passed a law on private detective activity (NPV).
This spring, there was an attempt to push through a new draft law on the NPV in parliament. That project itself was simply ripped off from the law on advocacy (and literally without even changing the word "lawyer" to "private investigator"), but it was so unprepared and caused a lot of comments that it was sent for revision. Then until recently it was silent, it was unclear whether anyone was finalizing that project.
And now it’s happened by chance we find out that it turns out a new draft law on NPV has been prepared and they already want to send the practical ego to adoption, while the new draft law has not been officially published anywhere and only in a roundabout way we got this draft to see what the “people's representatives” are preparing for us and were horrified. In short - only a bunch of restrictions and few rights. Here, quickly with the well-known Oleg Rimanas, we organized and managed to slow down the adoption of this project and even achieve that our amendments to the project were considered. Although they tried to oppose our efforts here that the train supposedly left, it was necessary to provide amendments earlier, etc. , they even impudently stated that during the six months they said there were several meetings about the project when it was necessary to make amendments, and that they told us, as private detectives, they sent invitations to participate in them, but we didn’t come to these meetings ourselves. But the trouble is that we have never received these invitations somehow, well, I’m not a simple person there, but Oleg Rimanas was an official member of the parliament’s working group on the preparation of the law on NPV and didn’t receive anything, in general they lie and do not blush ( they don’t get used to it) just to push through your "left" project ...
Now a meeting of the parliamentary committee is scheduled for next week, at which they should finalize the amendments (I hope that our proposals will be included) and send them to parliament for consideration in the spring of 2015. or they will again direct the project for revision, which may be for the better.
I won’t retell everything (when I’ll be adopted then I’ll say more in detail), but the main thing is as follows.
A private detective can be an individual (citizen of the Republic of Lithuania, as well as citizens of another EU or EEC state) with a higher legal education, certificate of completion of detective courses or 2-year work experience in law enforcement and intelligence (i.e. operational activities) bodies that have passed the qualification exam and meet the requirements for an impeccable reputation (moreover, the citizens of the EU and EEC are not satisfied with the latest requirements by the fact that they are engaged in NPV in their country).
According to the law, if you pass the exam and meet the requirements (verification and execution lasts 60-90 days), you will receive two certificates: qualification and on the implementation of the NPV. For violations of the NPV law, depending on severity, a warning is issued, a temporary suspension of the validity of the qualification certificate, and cancellation of the certificate for the implementation of the NPV.
A private detective carries out his activities in three forms: individually, as a member of the BH group without forming a legal entity, forming a legal entity - partnership (like lawyers) on the basis of a partnership agreement (our proposal for a form as - CJSC was received with hostility), and a member such a partnership can only be BH.
The black hole is obliged to form a workplace (i.e. an office) with a sign in a prominent place where it must be: reception, telephone (in our era of technology), reception of condensation, other means for proper breathing, and the proper conditions are created to receive customers.
NPV services can be provided during NPV only by concluding a contract with the client, except for consulting services at the workplace of the Black hole where the contract is not needed. The services themselves are:
- the search for missing or recognized as missing by laws persons and the collection of data on their whereabouts, - at the request of parents (adoptive parents), guardians, trustees, the collection and analysis of information on the behavior and environment of minor children (foster children), persons with limited or partially limited legal capacity who has been assigned custody or guardianship ...,
- collection and analysis of information necessary for criminal proceedings, civil, labor, insurance disputes and administrative litigation; - collection at the request of a person of information about his origin, biographies, family ties; - ensuring the protection of the client's commercial, industrial and (or) professional secret; ensuring technical security in premises, vehicles or other places legally owned by their owner or legal owner, as well as electronic information and communication devices from illegal collection of information - search, at the request of customers, for lost, stolen, wasted or otherwise lost property, as well as a document ownership of him or other information on this property, - preparation of meetings requiring confidentiality, - collection of information regarding unfair competition and illegal business activities, regarding payment of the ability and reliability of personal data
- advice on private detective work.
Regarding the use of technical means of NPV, it seems to be more or less generally said normally, only there is a requirement that they comply with the requirements of the law of Lithuania on product safety and have certificates of reliability and certificates. It is forbidden to apply if court sanction is required for its application, their application will complicate the work of law enforcement and intelligence agencies, with their help information will be collected in violation of the confidentiality of communications or personal life, data that are prohibited to be collected by laws, or data that are not specified in the contract for the provision of BHD services will be collected . Only the black hole can process the information collected in this way.
Rights of a private detective:
- without violating laws and other legislative acts establishing the exclusive competence of state institutions of the Republic of Lithuania in the respective fields of activity, in accordance with the procedure established by laws, collect, record, and research information that is necessary for the provision of NPV services;
- carry out inspection in public places, objects or other objects; as well as inspect other places, objects, documents and other objects with the written consent of their owner or legal owner;
- with the written consent of the person, interview him regarding the establishment of the circumstances of the investigated fact, event or case and record these explanations;
- in accordance with the procedure specified by laws and other normative acts, obtain information, documents or their copies from state or local authorities. A private detective’s petition must include data indicating the need to provide the required data regarding the NPV service provided;
The specific functions of the supervisory authority in the field of NPV are also indicated, which is good. But so in the draft law on the NPV there are many troubles and norms that somehow restrict the free activity of the black hole.

 

[Матушкин Андрей Николаевич]

God help you !!!

 

[Андрей Захаров]

Thank you Vytautas. As always, like our Legislators, they make the bill blank (referring) to other existing rules of law .... Which, in principle, is veiled, possibly restricting the rights of BH .... In principle, the same thing as for us .... True, in your Draft Law the types of services are described in more detail, which is clearly not enough for our Legislation ...

 

[JR Security Consulting Group]

It’s better not to accept the form in which it is now, I heard a little about it.

 

[Плотников Юрий Михайлович]

Thanks Vytautas!