At the end of 2015, the Verkhovna Rada registered a draft law “On of private detective (detective) activity” № 3726 of December twenty-eighth, two thousand fifteenth year.
As of today, detectives, in fact, are acting outside the law governance, but nevertheless, serfing the web you may find so-called detective agencies that act not against the law, as there is no special law that prohibits such activities, but with significantly limited powers , for example, gathering information about the personal privacy of a person may be considered a violation of his/her rights, as part of the bill provides for the following rights:
“Types of private detective services:
1) collecting, recording and investigation of information required for proceedings in civil, commercial and administrative procedures, on a contractual basis with the parties to the trial;
2) market research, searching and collecting information from open sources to prepare customer business negotiations, clarifying financial solvency, property and reliability of potential business partners;
3) clarification of biographic and other data on the person in relation to individuals (with their written consent) at the conclusion of their employment and other contracts with the customer (client) private detective (detective) services (therein in his respective vacancy) identify their business relationships, including the client’s competitors in the region and abroad;
4) search persons, the location of which is unknown, determine the causes and circumstances of disappearance, opportunities and conditions for their return, search for people who have lost family and friendships;
5) The search for the missing (lost or stolen) property, objects and animals;
6) search, collection and fixation of information in criminal proceedings under agreements with party to the criminal proceedings;
7) Take steps to reproduce the lost (missing) information on legal rights and interests of clients;
8) search and collect data that can be driven or customer basis for going private detective (detective) services to law enforcement authorities or court order to protect the legitimate rights and interests of the customer;
9) identification of cases of illegal (unauthorized) use for the purpose of collecting information constituting trade secrets or customer disclosure, as well as cases of illegal (unauthorized) collection of individuals regarding confidential information;
10) searching for, identifying and fixing cases of illegal use of intellectual property belonging to the client, as well as cases of unfair competition;
11) Search for debtors and those who fail to fulfill their contractual obligations decision in accordance with the laws of Ukraine, issues of debt recovery and enforcement of contractual obligations;
12) to ensure the protection of classified information (commercial, industrial, professional secrecy) customer private detective (detective) services.
Subjects of private detective (detective) activity can provide other detective services, if they do not contradict the laws of Ukraine. ”
Regarding the activities of the detectives, they proposed to create a government.
Act detectives offered in two forms – either individually or as a detective agency.
The right to be supported by evidence of planned issued by the National Police.
Establish requirements detective: higher legal education, experience in investigation or operational bodies of at least 3 years; knowledge of the state language; special training.
It seems that the law establishes again certain limitations in obtaining evidence in activity when, in fact, would expand the existing law.
Interestingly, part detectives as of today, to justify the collection of information about individuals or other activities are certificate of advocacy. But according to Bill combination of legal (judicial, notary) activities of the detective is not allowed. Although in essence, each lawyer is a little detective.
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