"SIELSI CONSULTING" Gorlacheva Maria Ivanovna.

[Матушкин Андрей Николаевич]

Speech by Deputy General Director for Legal Issues of SIELSI CONSULTING Candidate of Legal Sciences Gorlacheva Maria Ivanovna.

Good day. Greetings to the participants of the Meeting!

I don’t want to advertise our company, I want to talk about the experience that could be gained by those 20 years of practice in the process of providing legal services, we have worked a lot with law enforcement agencies, well, since we provide legal services as part of our consulting company , we participate in criminal cases, cooperate with the security services of large enterprises, experience has been accumulated in different quality of communication, but it is really hooked that Aleksandr Valerievich so bluntly and honestly said what all lawyers of the city know in principle, and about these corruption things in law enforcement bodies, these so-called wars in law enforcement and about the dangers that haunt those people who are on the wrong side are really worthy of great respect, and it seems to me that if there is much talk about this, then they will protect the rights and legitimate interests of citizens they’re not afraid, it’s much easier, more willing, to reflect on the security of the entire state Russian society as a whole.

Turning to the topics of today’s work of the meeting participants, I want to say that this area of activity, which is called private investigation, has a very high price, it is not expressed in money, but in the need that customers have. You are all adults, you know perfectly well that in the sphere of, for example, enforcement proceedings, there is a deep crisis, if not to say, a collapse. Today, we have bailiffs who have up to 500 cases in production, well, honestly, 500 cases, how can they be executed? But what a court decision is not enforced ... This is a blow to the entire system of the State, because if you paid expensive lawyers, several years passed, and then you can’t restore your rights by collecting property for money, some refunds real estate, this is really a blow to the entire security system of the State, because the State in this case loses the trust of citizens. This area of activity is traditionally related to the field of private investigation, but 25 years ago, when we started our work, we all watched such ones, remember old films about American lawyers, who was always there next to the lawyer, who? His partner is a private detective, and since the 92nd year, when the legislation on protection and detective activity appeared, we all wait and wait when this partnership is in the legal services market. But you know, the information component here is weak, about the opportunities that private detectives present and such a philistine picture about the activities of a private detective has been compiled that these are people who still work in the field of family conflicts, there is nothing wrong with that, the value of this direction cannot be reduced , but that's all about economic security, let’s say the sphere, let’s say a fairly large business or even medium-sized business, of course, the role of security services needs to be enhanced. On the one hand, of course, Alexander Valerievich said correctly that commercial activity in law enforcement bodies is well known, I would be ashamed to say this, but since I touched on this issue, but on the other hand, where to turn to citizens, let’s say, to get information ... 10 years we have been doing a problem called bankruptcy, currently there are more than 5 thousand organizations in bankruptcy in the city, how many of this mass of criminal bankruptcies will I tell you, 80 percent ... You see, 80%! How many sentences in our city, what is the main problem there, that’s actually. Even it is not so much legal as from the field of economic security. Initially, entrepreneurs do not conscientiously conceive in this system of avoiding normal business conduct, or indeed some crisis situations arise, but at some stage, some people decide that we will not pay debts. Very simple constructions are taking place, illegal transactions are being made under the guise of supposedly legitimacy, money is sent abroad, to offshore where there are very large property, and so on and so forth. Here are the key lawyers who disputed this transaction, if it would be more accurate to challenge this transaction, how much should be identified, you imagine this is a huge colossal work and, as already said, I need to change the legislation, I don’t argue, indeed, the legislation is weak, there are few powers, but if you Will you show me a law where certain powers of an ordinary lawyer, not just one, are not regulated by their activities at all, he does not receive any licenses, nothing, the question is, who provides such information to challenge these transactions? So these lawyers also provide that have nothing, even the experience of carrying weapons. Unlike most of those present here in the hall. Therefore, these are all personal and professional qualities that matter, there are few powers, we need more, but we can do something with these powers, so we will take the road and try to increase our potential. And to use those tools that give us strength, but especially in the end I want to speak out, if you will let me dwell on the problem of self-regulation.

Since I said that we have a consulting group, in addition to lawyers, we also have arbitration managing specialists who are involved in bankruptcies, appraisers, auditors who conduct analysis in the economic sphere, and therefore we stood at the very beginnings of self-regulation, it just appeared this word of self-regulation, the law on self-regulation appeared, we already learned about it because arbitration managers, appraisers, then auditors, began to join these SROs. And therefore, I will say that there the subjective factor became the main one, from those self-regulating organizations where the leadership approached this problem very responsibly and where they correctly understood their task, and the task means strengthening the sector where professionals work. Well, what can one appraiser do, and now we have an SRO, it makes it possible to upgrade qualifications, and so on and so forth, and now the question of amending the legislation is already being addressed and a person of 300 to 400 members is going to the State Duma or what two three people, all the same, the strength of the voice matters, but here we have another example, this is self-regulation in the construction industry, since we work a lot, we serve construction organizations, designers, builders were also obliged to create their own SROs, they turned to the worst construction sites that used to issue licenses, it's just a point on the sale of licenses. And the president said directly on TV that this should be done. Therefore, you see, I can’t, of course, say about all construction organizations, of course, there are very serious checks conducted by individual self-regulatory organizations, training, but do not forget that they have huge compensation funds there, for example, the minimum fund there is about 20 million. And on the issue of defrauded equity holders, the compensation fund, in theory, should compensate for the damage, because the real estate investors had been deceived by someone associated with the construction, and have you ever heard that at least one SRO that has hundreds of millions in its fund, so that they pay ? Yes, never! They will find hundreds of reasons to say that they have nothing to do with it. That is why we believe that in the construction sector is slipping. But let’s say the arbitration managers will tell you everything very seriously, the arbitration manager also makes a contribution to the SRO and our managers also make contributions, a compensation fund is also made there, as a result of some bankruptcy, God forbid, of course, but the damage was done to some company, each manager is insured, the usual amount of insurance is 3-5 million, and there are hundreds of millions of losses, let’s think and answer the question from which sources this difference will be compensated. Therefore, the control is constant, constantly checking. Therefore, I believe that this is a very good business, SRO, it will be either an Association, it is of course your business, and you better know which form you will choose, I will say that the main thing will depend on the leadership of the SRO, on which the goals and objectives you set, and from what will be expected from this association, the members of this organization themselves. If this will be a serious experience, which will allow including the members of these associations, and I agree that there are a lot of sad stories and outcomes, then this association will fulfill its role and will be a worthy fact of the development of private investigation and non-state security services.

Therefore, I sincerely wish you all great success.

International Association of Private Detectives