private investigation and security

[Андрей Захаров]

According to Art. 12 Security guards are forbidden to use detective methods. I think no one will mind that a person, after serving (guarding the facility), in his spare time, will earn bread by detective activity.
A question arose in distinguishing between the main type of activity and the additional, because security and detective activities are carried out under one OKVED 74.60 - Investigation and security.
I think they will decide the issue depending on income.

Let me disagree with your opinion about the precedent, dear Dmitry Nikolayevich))) The fact is that getting a detective’s license in the presence of a valid (not suspended) private security guard license will be problematic due to the fact that one and the other issues the same authority (CLRR) .In order to create a precedent, it is apparently necessary for the licensee who wants to obtain a BH license, if he has a license for ChOD, to appeal against the actions of the CLCR to refuse to issue him a license for private detective activity. This will then appear on this issue judicial practice ... But in no other way ... Although I am sure that the court will refuse to satisfy the application of the licensor ... There are many reasons for refusal and they are all established in the Law ...

 

[Частный детектив Краснослободцев Дмитрий Николаеви]

Andrei Valerievich agrees with you only that a person cannot do without a lawsuit if the licensor takes a principled stand on the incompatibility of the two licenses. In my absurdity, forbidding a person to engage in activities other than detective.
Article 34 of the Constitution of the Russian Federation: Everyone has the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law.
Article 37: Labor is free. Everyone has the right to freely dispose of his abilities to work, to choose his occupation and profession.

One activity does not interfere with another: in the morning security, in the evening detective.

 

[Андрей Захаров]

Andrei Valerievich agrees with you only that a person cannot do without a lawsuit if the licensor takes a principled stand on the incompatibility of the two licenses. In my absurdity, forbidding a person to engage in activities other than detective.
Article 34 of the Constitution of the Russian Federation: Everyone has the right to freely use their abilities and property for entrepreneurial and other economic activities not prohibited by law.
Article 37: Labor is free. Everyone has the right to freely dispose of his abilities to work, to choose his occupation and profession.

One activity does not interfere with another: in the morning security, in the evening detective.

Yes, Dmitry Nikolaevich))) This is the harsh truth of life ... Absurdity is not absurd, but sometimes it seems that everything should be as we think, from the point of view of logic ... But in fact it turns out, as always ( on examples of judicial practice) ... The Constitution is certainly good, but special laws (in particular on BH and ML) govern special activities and this, in principle, does not contradict the Constitution ... In addition, regarding the ban on other activities, the ban on any activity (except for security), in principle, does not exist. The main thing is that detective activity would be the main one. Regarding the ban on combining private investigation and security, this is the position of the state, which in principle simply does not want to create a private "power" structure in the broad sense of the word ... This can be seen on the example of a change in the norms of the Law on BH and ML regarding restrictions on the creation of private detective and security structures ...

 

[Частный детектив Краснослободцев Дмитрий Николаеви]

[/quote]
Regarding the ban on combining private investigation and security, this is the position of the state, which in principle simply does not want to create a private "power" structure in the broad sense of the word ... This can be seen on the example of the fact that the norms of the Law on BH and ML are changed in terms of restrictions on the creation of private detective and security structures ... [/quote]

Andrei Valerievich, our state is certainly “legal” with a stretch, but the question arises: 1 If the state is against combining private investigation and security, why does it regulate both of them with one law on detective and security activities?
2 Who prevents the creation of an LLC (for example, a consulting agency), which will conclude contracts for the provision of services to the public both with detectives and security companies that are “good” friends of a well-promoted LLC, a kind of intermediary linking the entire spectrum of detective security services.

 

[Виталий Климин]

It is not worth it to hand over the license of the guard; the licensor does not quite understand the law on detective and security activities.

For me, the licensor considers the suspension of the license of a private security guard as the main condition for obtaining a license for the Black Sea. How can you convince him or influence his decision?

here a cross and an aspen stake will help: lol:

 

[Андрей Захаров]

Regarding the ban on combining private investigation and security, this is the position of the state, which in principle simply does not want to create a private "power" structure in the broad sense of the word ... This can be seen on the example of a change in the norms of the Law on BH and ML regarding restrictions on the creation of private detective and security structures ... [/quote]

Andrei Valerievich, our state is certainly “legal” with a stretch, but the question arises: 1 If the state is against combining private investigation and security, why does it regulate both of them with one law on detective and security activities?
2 Who prevents the creation of an LLC (for example, a consulting agency), which will conclude contracts for the provision of services to the public both with detectives and security companies that are “good” friends of a well-promoted LLC, a kind of intermediary linking the entire spectrum of detective security services. [/quote]
Dmitry Nikolaevich))) Of course, there are solutions to the problem of combining functions ... (your example). However, the topic was combining NPV and ChOD with the same individual. And this, based on the realities of our legislation, is not possible .. .That is, it is our harsh and fair state (and, in principle, I agree with this concept).

 

[Магат]

The topic is probably no longer relevant, but still, if someone looks.
I talked with the permit officers and on this issue he explained that the comrade gives the security guard a license and, after registering himself as an individual entrepreneur, submits documents for obtaining the BH and security guard license, where BH is indicated as the main type of activity.