A FEW WORDS ON REFORMING PRIVATE DETECTIVE ACTIVITIES
The need to reform private detective work has been discussed for many years on two of the country's leading Internet sites. In formulating our own opinion, we repeatedly abstracted theses about the nature of detective activity, about changes in the Criminal Code and the interaction of detectives with law enforcement agencies. Now we decided to pay attention to some of these theses and expand them in more detail.
What is most important in reforming the private investigation: the detective’s activities should become truly independent - first of all, independent of law enforcement agencies.
Only independent professionals of detective work and the observance of the principle of trinity - a detective, lawyer, notary - can become a guarantee of equal rights in legal proceedings, so that Russia becomes the first state of law where citizens' rights and human rights are protected, including by independent experts in private forensics. Such a strategy should balance the level of adversarial process in court and reduce the indictment nature of criminal proceedings. Unfortunately, the way the judicial system is organized now, there is no place for representatives of the detective profession in it.
How to fix the situation? We offer several steps. First step: change the procedure for assigning detective status.
You need to start by authorizing the detective community to exercise independent control over the detectives. Now this authority is formally assigned to the Russian Guard, thus making the detective completely dependent on law enforcement agencies.
Here, by the detective community, we mean, first of all, the Congress of Detectives, the Higher College of Detectives and the College of Detectives of the subjects of the federation. Such bodies of community detectives as SROs and Associations are currently more likely to be decorative.
Next, you need to determine who can claim the status of a detective.
We are convinced that the rule must be applied here: the detective, before applying for the status, chooses the class of his future activity - A1 or B1.
Class A will imply the right of the detective to collect, secure and submit evidence to the court in criminal, civil and commercial cases, including cases in courts of foreign jurisdiction.
Class B will imply the right of the detective to collect and analyze information without the right of representation in the courts.
It is clear that among the operating operatives, investigators and inquiry and other state bodies there are many qualified specialists who could also claim the title of detective. Nevertheless, in our opinion, a quarantine period should be introduced for such candidates: between working in law enforcement agencies and assigning the status of a detective, they must work for at least two years as an assistant to the detective or conduct private legal practice. This “quarantine” is necessary to nullify the “professional deformation” of a former opera or investigator who became a detective.
Now things are completely different. Detectives, as a rule, are the employees dismissed from law enforcement agencies - for example, from the prosecutor's office, inquiry or investigation. The aforementioned representatives of the executive branch, having become detectives, may conduct private investigations using the methods of the Russian Armed Forces or exerting pressure on existing operatives to obtain their own benefits.
How, then, to ensure the qualification of a detective?
We propose the formation of a Commission for the preliminary consideration of candidates for the posts of private investigators in the Higher Detective College, with mandatory quotas for the assignment of status based on at least one detective with a license A for one lawyer. Places for Detectives applying for a license B will not be quota.
We also believe that transparency and openness of methods and methods of private investigations are extremely important for quality work. Therefore, it is necessary to establish an open procedure for handling complaints in cases related to the probably unscrupulous actions of detectives.
Such a measure will increase the prestige of the detective corps. Illiterate or unwilling to study candidates who receive a post for reasons of “retirement” will not be able, as now, to obtain a license, and violations of dishonest detectives who do not even hide their self-interest will, if the complaints are duly considered, become known to the detective public, and the detective corps will begin to gradually get rid of random people in our profession.
We consider it appropriate to increase the age limit for license applicants from 21 to 25 years. This is necessary in order for the licensee to gain qualification. Moreover, it is important to introduce another mandatory qualification qualification: the candidate must have at least two years of experience as an assistant detective or lawyer.
Sincerely, A.K.
[DLMURL] https://www.krioni.com/en/blog/neskolko-slov-o-reformirovanii-chastnoy-detektivnoy-deyatelnosti/ [/ DLMURL]
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