Proposal to amend the Black Sea Act

[Люков]

Proposal to amend the Black Sea Act

From time immemorial, people in their life activities needed a search, a search, since this very concept is an integral part of a normal safe existence. Nowadays, private detectives, with the exception of those who are driven only by selfish motives, or random people in this field can really help in solving crimes, finding missing people, monitoring pastimes of minors and other services demanded by people who have no time and knowledge for similar information. There are many questions on which citizens do not contact the police, not hoping for the effectiveness of such appeals, or for other reasons. The very process of communicating with the detective gives the applicant the opportunity to tell more than the police officer, since he (the detective) is interested in an early investigation of the statement, and the detective will find out the circumstances of the case carefully and with an understanding that sometimes does not happen to a policeman who is overwhelmed with a lot of problems. In addition, there will be no paperwork, it will only be necessary to conclude an agreement and pay the money stipulated in it.

PROPOSALS FOR ADDITIONS TO THE LAW “ON PRIVATE DETECTIVE AND SECURITY ACTIVITIES IN THE RUSSIAN FEDERATION” No. 185-ФЗ dated July 2, 2013.

SECTION 1. GENERAL PROVISIONS.

Article 1. Private detective work.

This Law defines private detective activity as the activity of private detectives and private detective enterprises (their associations and branches) licensed by the internal affairs bodies, or detective associations, organizations with extensive experience in this field (over five years), on a paid contractual basis services to individuals and legal entities in order to protect the legitimate rights and interests of their customers. For citizens engaged in private detective activities, the laws that enforce the legal status of law enforcement officials will not apply. Citizens engaged in private detective activities are not entitled to carry out any actions attributed by law to the exclusive competence of the bodies to which such a right is granted. Foreign citizens, citizens of the Russian Federation, having citizenship of a foreign state, foreign legal entities, as well as organizations composed of founders (participants), of which there are such citizens and persons, can carry out private detective activity and (or) take part in its implementation in any form only on the grounds and within the framework provided for by international treaties of the Russian Federation.

CONCEPTS OF PRIVATE DETECTIVE.

A private detective is a citizen of the Russian Federation registered as an individual entrepreneur, who has received, in the manner prescribed by this law, a license to carry out private detective (detective) activities and provides the services provided for by this law.

Article 2. The legal basis of private detective work.

The legal basis of private detective work is the Constitution of the Russian Federation, this Law, other laws and other legal acts of the Russian Federation.

Article 3. Types of detective services.

For the purposes of investigation, the following types of services are allowed:

1) collection of information on civil cases on a contractual basis with participants in the process;

2) market research, collecting information for business negotiations, identifying non-creditworthy or unreliable business partners;

3) the establishment of the circumstances of the unlawful use in business activities of brand names and names, unfair competition, as well as the disclosure of information constituting a trade secret;

4) clarification of biographical and other personality-characterizing data on individual citizens (with their written consent) upon their conclusion of labor and other contracts;

5) search for missing citizens;

6) the search for the missing (lost or stolen property, animals);

7) collection of information on criminal cases on a contractual basis with participants in the process. Within a day from the moment of concluding a contract with the client for the collection of such information, the private investigator is obliged to notify the person conducting the inquiry, the investigator or the court in writing about the criminal case;

8) the search for the person who is the debtor in accordance with the executive document, his property, as well as the search for the child in the executive document containing the requirements for the selection of the child, on a contractual basis with the recoverer;

9) the search and collection of data, which may be the reason or the basis for applying to law enforcement agencies or the court;

10) the identification of facts of illegal (unauthorized) collection with the aim of using data that is a commercial secret of the customer, as well as illegal (unauthorized) collection of confidential information regarding individuals;

11) search and identification of facts of illegal use of intellectual property rights.

Article 4. Actions of private detectives.

In the course of private detective activity, oral questioning of citizens and officials (with their consent), inquiries, study of objects and documents (with the written consent of their owners) is allowed. External inspection of buildings, premises of other objects, monitoring to obtain the necessary information in order to provide the services listed in this law.

When conducting private detective activities, the use of video and audio recordings, film and photo shooting, technical and other means that do not harm the life and health of citizens and the environment, in accordance with the legislation of the Russian Federation.

In the course of carrying out his activities, a private detective is required to comply with the laws of the Russian Federation regarding the protection of information affecting the personal life and property of citizens.

Article 5. Granting licenses to private detectives.

Licenses for private detective activities are granted by the internal affairs bodies, or detective associations, organizations with more than five years of experience in the field of detective activities. The license is granted for a period of five years and is valid throughout the Russian Federation. The decision on granting or on refusal to grant a license shall be taken within no more than thirty days. The Government of the Russian Federation approves the regulation on licensing of private detective activities, which establishes the licensing procedure for this type of activity and a list of licensing requirements and conditions.

A citizen applying for a license to carry out private detective activities is required to personally submit to the relevant internal affairs body an application stating his last name, first name, state registration number of the state registration of an individual entrepreneur and the data of a document confirming the fact of making an entry about individual entrepreneur in the Unified State Register of Individual Entrepreneurs, the proposed territory for private detective activity and the following documents:

profile;

photos;

health certificate;

Documents confirming his citizenship, legal education or vocational training to work as a private investigator, or at least three years of experience in operational or investigative units;

Information about the needs for technical means and the intention to use them.

The internal affairs bodies have the right to establish the accuracy of the information set forth in the documents submitted, necessary for making a decision on issuing a license, including by interviewing a citizen applying for it, and also requesting the appropriate law enforcement, licensing, controlling and supervisory authorities.

License is not granted:

1) citizens under the age of twenty-one years;

2) citizens registered with the health authorities about a mental illness, alcoholism or drug addiction;

3) citizens who have a criminal record for committing an intentional crime;

4) to citizens who are charged with a crime (before resolving the issue of their guilt in the manner prescribed by law);

5) citizens discharged from public service, from judicial, prosecutorial and other law enforcement agencies on grounds that compromise them;

6) former law enforcement officials who exercised control over private detective activity, if not a year has passed from the day of dismissal;

7) citizens who have not submitted documents listed in part two of this article;

8) citizens with respect to whom, according to the results of an audit conducted in accordance with the legislation of the Russian Federation, there is a conclusion that it is impossible to allow private detective work in connection with the increased risk of violation of citizens' rights and freedoms, a threat to public safety in the manner established by the Government of the Russian Federation Federation and approved by the head of the Commissioner for Action by the Minister of the Interior, the head of the department (main department) of the internal affairs of the constituent entity of the Russian Federation or persons acting as the specified officials

9) Citizens who have not passed the mandatory state fingerprint registration.


In case of refusal to issue a license, the internal affairs body is obliged to inform the citizen who sent the application in writing, indicating the reasons for the refusal. This decision or violation of the deadline for consideration of the application may be appealed to a higher internal affairs body or court.

A citizen who has received a license to carry out private detective activity is simultaneously issued a private detective certificate.

The internal affairs bodies exercise the following powers in the field of licensing private detective activities:

1) Granting a license and issuing a private detective's certificate;

2) Re-issuance of documents confirming the availability of a license;

3) Suspension and renewal of a license in cases established by this Law;

4) Maintaining registers of licenses and providing information from them;

5) Implementation of state control over the observance by licensees of licensing requirements and conditions;

6) Appeal to the court with a statement on the suspension of the license or on the revocation of the license;

7) Termination of the license in case of receipt of a written application by the licensee to terminate his activities.

Private detectives are subject to the procedure for suspension of licenses and revocation of licenses, registration and renewal of documents confirming the existence of a license established by this Law for licensing private detective activities.

Article 6. Features of the requirements for the contract for the provision of detective services.

A private investigator is required to conclude a contract with each of his customers for the provision of detective services in writing, which should include information about the contracting parties, including the number and date of issue of the license.

Relations related to licensing and not regulated by the Law are subject to the provisions of the legislation of the Russian Federation.

Gross violations of private detective work are:

1) The commission by the licensee in the course of the provision of detective services of actions that entailed a violation of the rights of citizens to the inviolability of the home, confidentiality of correspondence, telephone conversations, mail, telegraph and other messages;

2) Rendering of detective services by the licensee using technical means prohibited for use;

3) The provision by the licensee for the purpose of the search for services not provided for in the second part of Article 2 without entering into an agreement provided for in Article 9 of this Law.

4) Failure to provide access for officials of the licensing authority during their verification activities, provided for in Section 20 of this Law, to storage facilities for technical equipment and official documentation.

Article 7. Restrictions in the field of activity of a private detective.

Private detectives are prohibited from:

1) to conceal from law enforcement the facts of impending, committed or committed crimes;

2) impersonate law enforcement officers;

3) collect information. Associated with personal life, with political and religious beliefs of individuals;

4) to carry out video and audio recording, photo and filming in office or other premises without the written consent of the relevant officials or private persons;

5) to resort to actions encroaching on the rights and freedoms of citizens;

6) to commit actions that endanger the life, health, honor, dignity and property of citizens;

7) falsify materials or mislead the client;

8) to disclose information about the customer collected in the course of fulfillment of contractual obligations, including information regarding issues of ensuring the protection of life and health of citizens and (or) the customer, to use them for any purpose contrary to the interests of the customer or in the interests of third parties, except as on the grounds provided for by the legislation of the Russian Federation;

9) transfer your license for use by others;

10) use documents and other information obtained as a result of operational investigative activities by bodies authorized in this field of activity;

11) receive and use the information contained in special and information-analytical databases of the bodies engaged in operational-search activities in violation of the procedure established by the legislation of the Russian Federation.

Conducting detective actions that violate the secrecy of correspondence, telephone conversations and telegraphic messages or related to violation of guarantees of inviolability of the person or home, entails liability established by law.

Detective activity should be the main activity of a private detective, combining it with the public service or the municipal service or with the replacement of an elective paid position in a public association is not allowed.

Article 8. Features of the requirements for the contract for the provision of detective services.

A private investigator is required to conclude a contract with each of his customers for the provision of detective services in writing, which should include information on the contracting parties, including the number and date of issue of the license, the type and content of the services rendered, the period of their provision, the cost of services the procedure for determining it.

The contract for the provision of detective services and the act on the performance of work shall be kept for five years.

Article 9. Requirements for organizations providing professional training to private detectives.

Vocational training to work as private detectives is carried out in organizations engaged in educational activities for the main vocational training programs and additional professional programs.

The founders of organizations engaged in educational activities for the main vocational training programs for work as private detectives cannot be:

1) citizens who have a criminal record for committing an intentional crime, as well as legal entities, whose founders (participants) include these citizens;

2) foreign citizens, citizens of the Russian Federation, having citizenship of a foreign state, stateless persons, foreign legal entities, as well as state organizations composed of founders (participants) of which there are such citizens and persons in the absence of an international treaty of the Russian Federation.

3) The organizations specified in this article must have, on the grounds provided for by the legislation of the Russian Federation, shooting facilities for conducting fire training classes. The procedure for conducting the corresponding firing is established by the Federal executive body, which is responsible for internal affairs.

Article 10. Vocational training to work as private detectives and additional professional education for the heads of private security organizations.

Model professional training programs for working as private detectives and standard additional professional programs for managers are developed and established by the federal executive body, which is responsible for internal affairs, in coordination with the federal authority, which carries out the functions of developing and implementing state policy and regulatory -legal regulation in the field of education.

In the course of private detective work, it is allowed to use firearms and special means only in cases and in the manner provided for by this Law.

The use by a private detective of special means or firearms in excess of their authority, emergency or necessary defense entails liability established by law.

Article 11. The use of firearms.

A private detective has the right to use firearms in the following cases:

1) to repel an attack when his own life is in immediate danger;

2) to repel a group or armed attack on security property;

3) to warn (shot in the air) of the intention to use a weapon, as well as to give an alarm or call for help.

It is forbidden to use firearms against women, persons with obvious signs of disability and minors, when their age is obvious or known to a private detective, except in cases of armed resistance, an armed or group attack that threatens the life of a private detective, as well as with a significant concentration of people, when unauthorized persons may suffer from the use of weapons.

A private investigator must immediately inform the internal affairs agency of the place of use of a weapon about each use of a firearm.

Article 12. Social and legal protection of private detectives.

Private detective work is counted in the total length of service and seniority for the assignment of state social insurance benefits subject to payment of contributions to the Pension Fund of the Russian Federation and the State Social Insurance Fund of the Russian Federation.

Citizens engaged in private investigation are subject to insurance in case of death, injury or other damage to their health in connection with the provision of private investigation services in the manner established by the legislation of the Russian Federation. The specified insurance of citizens engaged in private investigation is carried out at the expense of the funds of the relevant investigation organization and is included in its costs.

Resistance, threat or violence against persons engaged in the provision of private investigation services in connection with the performance of their duties entails liability in accordance with the law.

Article 13. Control and supervision of private detective work.

The control of private detective activities in the territory of the Russian Federation is carried out by the federal executive body, which is responsible for internal affairs, other federal executive bodies and their subordinate bodies and units within the limits established by this Law, other laws and other legal acts of the Russian Federation.

Article 14. Responsibility for the implementation of illegal detective activities.

Violation of the requirements for private detective work established by this Law, as well as the conditions for its implementation, shall entail liability in accordance with the legislation of the Russian Federation.

 

[Детективное агентство Тула]

the federal law dated July 2, 2013 N 185-ФЗ "On Amending Certain Legislative Acts of the Russian Federation and Recognizing Legislative Acts (Certain Provisions of Legislative Acts) of the Russian Federation invalid in connection with the adoption of the Federal Law "On education in the Russian Federation" (with changes and additions)

GUARANTEE system: https://base.garant.ru/70405818/#ixzz3R1sd1c5F


ADDITIONALLY:
https://www.consultant.ru/law/hotdocs/26 ... = 192016058

 

[Андрей Захаров]

Suggestions, of course, are a good thing ... The only question is, who exactly and where is going to make these proposals .... The thing is that in order for these proposals to become at least a little "reality" it is necessary to at least find a specific person having the legislative initiative, get the consent of this person to "promote" the project, etc. ..... All this is not so simple .... In addition, you need to take into account the fact that specific people (deputies, their assistants) are involved in the development of bills. who do this is by no means free .... This, as they say, is their bread .... After all, writing the same law (project) is not so easy ... When designing a project, you need to take into account many factors (that it would be really working a bill that does not duplicate existing normative acts) .... In this draft, there are a lot of positions that already exist in the current legal norms ... There are of course some novels (especially in Article 1 of the draft concerning the NPV and having practical skills work sv over 5 years old ... But this, in my opinion, is a "misunderstanding" .... It turns out that these people may not have a license? .... There are questions about other positions ....

 

[Kuznecov.Igorj]

I read and realized that the proposals are very crude and in my opinion require discussion on almost every item. You are holding on to yours and not a step away. Courage and novelty-zero. There was an impression of some kind of fixation. Do not be afraid, expand vertically and horizontally. You are going to change the law, so change it so that then you do not have to change it again. Or do you want to punch your chest and say that I did it. Sorry, but this is stupid. And so I see your law.
1. A private detective can be any citizen of the Russian Federation who has a legal education and has worked in the system of human rights structures for at least 5 years (Ministry of Internal Affairs, Justice, Security Council and other structures), as well as a citizen of any foreign state who legally has a certificate or license for private detective activity, passed the appropriate registration and received permission to carry out a black hole in the territory of the Russian Federation on the basis of an existing certificate or license for carrying out private detective activity.
2. The laws and regulations of the Russian Federation will determine the legal basis for private detective work.
3. (The types of services cannot be specified, basic and other should be indicated. There are too many services, they cannot be listed).
4. The issuance of a certificate and license for private detective activities is carried out only by the system of internal affairs bodies of the Ministry of Internal Affairs of the Russian Federation (it is foolish to demand otherwise). A certificate for private detective work is issued to a specific person for a period of 5 years. A license for private detective work is issued to any LLC for a period of 3 years, if it has at least one private detective working on the basis of a labor agreement.
5. BH enters into a contract for the provision of services in any form (the form of the contract is not specified in the law).
6. The requirement for organizations providing training to a private investigator is not appropriate. In this case, there should be a completely different law, which passes under the authority of the Ministry of Education. You are not smart enough to teach anyone something, including myself. We can only develop a program and submit it for approval, expressing our views on the organization and implementation of relevant courses. No more, otherwise they will consider us as idiots.
7. But black holes and security activities are not compatible and I consider the training program for security company managers to be completely stupid, since oak will always be oak, even if limes, cherries, etc. are planted around it. Detective, this is a way of life and thinking, and any chicken can manage a security company and you should not forget about it.
8, With regards to weapons. Not every BH has it and should not be forced to have BH. For example, I don’t have it for 15 years and I don’t want to have it even if they pay extra. Weigh the problems that you will have with weapons. Really weigh and understand everything right away. Maybe there are among us those who have not played enough with a pistol, so buy a gas and play for health. Your strength is not in weapons, but in your mind, and you should not forget about it.
9. With regard to insurance, this is a personal matter for everyone. And to translate it on a state basis is simply not decent. A revision of the pension or its accrual, due to deductions from the experience of the Black Sea, is a question of other legislation and it is not appropriate to consider it here if you do not want a salad and become a laughing stock for the ministry of justice.
10. But control over the Black Sea activities, whether you like it or not, is simply the responsibility of those who issued the license and certificate. And to help them, there is a supervisory authority - the prosecutor's office. And there can be no other way.
11. The responsibility of the black hole should not be vague, but specific, based on a specific law, a specific article. Apparently, it is necessary for the legislator to ask to insert the corresponding article in the Criminal Code.
This is my personal opinion about the changes you want to make to the BH law. Remember that you can’t get rid of one law, you will have to touch on at least three or four other laws.

 

[Частный детектив. Evgeny_Kazan.]

We need on-line access to personal data. Foreign colleagues already have it. And Article 7 makes us disempowered by persons without a license.

 

[Детективное агентство ОПЦИОН]

Nothing new to facilitate or improve our existence in the legal field !!!!!
what else is the use of firearms ???? !!!!! Moreover, to repel an attack on protected property ?!
About associations and enterprises did not understand? What does it mean having rich experience and having worked for 5 years, and before that, how should they work?

 

[Kuznecov.Igorj]

Hello ! Some kind of frail discussion, but the question is serious. We, in Latvia, have already gone through this. All prepared and submitted to the legislature two years ago. And things are still there. But this does not mean that you need to give up. You have to fight for yours and the fight is complete without sacrifices. Or are you all waiting for an uncle who will do everything for you. Well, at least do something or you will congratulate each other on holidays.

 

[Kuznecov.Igorj]

I answer the question of the OPTION. And those who have not worked in the system or office for% of years can take a walk. Nothing will come of the bottom worthwhile. They must be studied for at least a year and three to four years of practice, then serious, very serious exams, and only after that admission to a certificate or license. Of you, operas have been prepared for at least five years, do not forget that. And you want to do a detective story from the first day. Bullshit. Stupidity.

 

[Детективное агентство Тула]

In my opinion, it is necessary not to amend the Law of the Russian Federation dated March 11, 1992 N 2487-1 (as amended on June 23, 2014, as amended on July 21, 2014) "On Private Detective and Security Activities in the Russian Federation" (March 11, 1992 g.)

[DLMURL] https://www.consultant.ru/document/cons_doc_LAW_164545/ [/ DLMURL]

and prepare and adopt two completely independent laws of the Russian Federation: "On Private Detective Activity in the Russian Federation" and "On Security Activities in the Russian Federation". Fortunately, these crafts are different and therefore require a different regulatory framework.

Again, in my opinion, it seems that it is not necessary to “reinvent the wheel” again, but rather to prepare, adapted to our realities, the Russian version, based on the laws of our neighboring countries, already existing and recommended on the positive side.
It’s time for us to wise up and take the best from world practice, and not invent our own, with unsuccessful attempts to exclusive.
For me personally, the version of the Draft Law of the Republic of Lithuania "On Private Detective Activities" prepared by a participant in the MOD Forum is very appealing to me - Vytautas: Link

Draft 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 work, the features of the organization and implementation of this activity, the rights and obligations of persons engaged in private detective work, and also regulates the supervision of private detective work 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
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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.

 

[Андрей Захаров]

Wisely .... And it seems, right .... And the Bill will turn out (for the Russian Federation) normal ... If we take the proposed draft as a basis and refine it taking into account the positive that is in our current legislation .... And answering Igor’s position on the "frail" discussion, I want to say again, is not so simple as it seems at first glance .... Of course, you can prepare some kind of document ... But again, it all comes down to the fact that this document needs to be intensely "push" .... And push (naturally those people who have a real opportunity to do this) will only not be free of charge .... And private detectives simply do not have the means to maintain such a "lobby" ... ( You yourself gave an example that you gave your project on HR to the legislator, and things are still there) .... Besides, you don’t want someone to “raise” “babosy” in your gratuitous work, giving out your work for your .... (for the same lawmaking and preparation of real proposals). And such, believe Igor (meaning people who betray someone else's and his own) is not enough .... Such is life ... Therefore, the situation, in our opinion, is a bit of a dead end .....