The problems of private investigation in Russia were discussed at a round table in the Public Chamber. The meeting participants noted that the activities of detectives are very useful, as they seriously relieve the state law enforcement agencies. However, legal obstacles prevent detectives. Talk about the mysterious death of Kristina Gerasimova among the residents of Nizhny Tagil has not abated for more than a year. And it seems that the volunteers and the police found the alleged body of the girl in May, but it was impossible to identify it. Friends and relatives did not rule out that the investigation could have gone the wrong way. A private detective joined the collection of information. Even if his method of work turns out to be more convincing and effective, will the court take these arguments into account? At various levels, they are actively discussing how to make the work of private detectives more meaningful and useful.
A round table on this topic was held at the Public Chamber. Usually, agency employees, commissioned by one of the parties, collect evidence that could become additional case materials, but the courts often reject these facts, they say, who are they - these private detectives? Mikhail Anichkin, First Deputy Chairman of the Public Chamber's Commission for Interaction with the POC: “At the moment, detectives in court work exclusively through lawyers, are called as witnesses, but are forced to disguise their activities, despite the fact that the collection of materials can have a significant impact. Prove that you are a private detective? A certificate is made, it is attached to the license. " And, perhaps, that's all. Further, says Ernest Aslanyan, a private detective with 11 years of experience, it is more difficult. Everyone perceives the appearance of a detective without shoulder straps at a crime scene differently and is in no hurry to cooperate.
You can't interrogate, you can interrogate, detain - even more so. It is necessary to obtain information that will shed light on the investigation with the help of ingenuity and instinct, and after all, many people prefer the services of a private detective. Ernest Aslanyan, private detective: "We need to expand the rights of the detective, let them give us an entrance to the base, let a lot of control over us."
Now Rosgvardia issues a license to engage in private detective activities to former law enforcement officers (Ernest used to work as an investigator), people with a legal education. A prerequisite is no criminal record. Investigators must notify the official investigation of their plans. However, a private detective, even if thanks to him a crime has been solved, now in court can only act as a witness. There is another way to be helpful - by working with lawyers. Alexander Benkhin, lawyer: "If I say so and so, we have, your honor, collecting evidence, as a lawyer I ordered it, and the executor is a licensed person - a private detective, if this is logical material, if it is interesting for the case, of course , he will be introduced ". One is looking for evidence, the other provides them during the trial. And so far this tandem with a lawyer is the only way to bring the results of your work to the court. Those who support detectives are confident that if their work does not differ from that of investigators, then the state should also stand up to protect private investigations.
Volodymyr Postaniuk, lawyer: “In addition to the fact that this person should receive certain rights, he should receive a guarantee of the protection of his rights, that is, his work should be protected by the state”. Ultimately, the authors of the initiative are sure, the additions to the law "On private detective activity" should arouse general interest in the legal space, because if the activities of legal detectives are closely monitored and their powers expanded, it will be more about solved crimes and fair sentences. A long cloak, a hat, a butterfly - these are the views of private detectives thanks to the books about Sherlock Holmes, Hercule Poirot and many others, but it is unlikely that the law on private detective and security activities will be written about the uniform and appearance of the detective. What powers to allow private detectives, how to make the courts take into account the results of their work - this is what legislators will have to decide very soon. All arguments and recommendations obtained as a result of the discussion in the Public Chamber were sent for consideration to the State Duma.