Law

The LAW of RUSSIAN FEDERATION
About private detective and security activity
in Russian Federation
( Federal laws from 21.03.2002 N 31, from 10.01.2003 N 15, from 06.06.2005 N 59, from 18.07.2006 N 118, from 24.07.2007 N 214, from 22.12.2008 N 272)

SECTION I

General provisions

Clause 1 Private detective and security activity

By the present Law private detective and security activity are determined as rendering on a contractual basis of services to physical and legal persons the enterprises having the special license of law-enforcement bodies, with a view of protection of legitimate rights and interests of the clients. (Federal law from 22.12.2008 N 272)

On the citizens who are carrying out private detective and security activity, action of the laws fixing a legal status of workers of law enforcement bodies, does not extend.

The citizens, engaged private detective activity, have not the right to carry out any operatively-search actions carried by the law to the exclusive competence of bodies of inquiry. (Federal law from 22.12.2008 N 272)

Clause 2 A legal basis of private detective and security activity

The legal basis of private detective and security activity is made with the Constitution of RSFSR, the present Law, other laws and other legal acts of the Russian Federation. (Federal law from 22.12.2008 N 272)

Clause 3 Kinds of private detective and security activity (Federal law from 22.12.2008 N 272)

Private detective and security activity is carried out for investigation and protection.

With a view of investigation granting following kinds of services is authorized:

1) gathering of data on civil cases on a contractual basis with participants of process;

2) studying of the market, gathering of the information for business negotiations, revealing of insolvent or unreliable business partners;

3) an establishment of circumstances of wrongful use in enterprise activity of logos and names, an unfair competition, and also disclosure of the data making a trade secret;

4) finding-out of biographic and other data describing the person about separate citizens (with their written approval) at the conclusion them of labour and other contracts;

5) search without a message of the gone citizens;

6) search lost by citizens or the enterprises, establishments, the organizations of property;

7) gathering of data on criminal cases on a contractual basis with participants of process. Within day from the moment of the conclusion of the contract with the client on gathering of such data the private detective is obliged to notify the person making inquiry, the inspector, the public prosecutor or court, in whose manufacture there is a criminal case about this in writing. (Federal law from 24.07.2007 N 214)

With a view of protection granting following kinds of services is authorized:

1) Protection of a life and health of citizens;

2) Protection of property of proprietors, including their transportation;

3) Designing, installation and operational service of means of the security-fire signal system;

4) Consultation and preparation of recommendations to clients concerning lawful protection against illegal encroachments;

5) Maintenance of the order in places of carrying out of mass actions.

To the enterprises which are carrying out private detective and security activity, the right to promote is given to law enforcement bodies in maintenance of the law and order, including on a contractual basis.

To the physical and legal persons who are not having a legal status of the private detective, the private detective enterprise or association, the private security guard or the private security enterprise or security-detective division, it is forbidden to render the services listed in clause.

Рart II Private detective activity

Clause 4 The Private detective

The private detective is the citizen of the Russian Federation who received the license for private detective activity mentioned in law and carrying out services, listed in the second clause 3 of the present Law.

Detective activity should be the basic kind of employment of the private detective, its overlapping with public service or with an elective paid post in public associations is not authorized.

Clause 5 Actions of private detectives

During private detective activity oral interrogation of citizens and officials (from their consent), prompting of information, studying of subjects and documents (from the written approval of their owners), external survey of structures, premises and other objects, supervision for reception of the necessary information with a view of rendering the services listed regarding first clause 3 of the present Law are supposed.

During the realization of private detective activity use video-and audio records, movie-and photographing, the technical and other means which are not causing harm of a life and health of citizens and an environment, and also means operative radio-and telecommunication is supposed. In case of need rendering by private detectives of the services interfaced to danger to their life and health, use of special means, kinds, the order of purchase, the account, storage and which carrying are established by the Government of the Russian Federation is authorized to them. (Federal law from 22.12.2008 N 272)

Clause 6 Licensing to private detectives

Licensing for private detective activity in the certain territory of the Russian Federation is made by corresponding law-enforcement body within the limits of its competence.

The citizen applying for reception of the license for work as the private detective is obliged to give personally in corresponding law-enforcement body:
The questionnaire;

Photos;

The medical information on a state of health;

The documents confirming its citizenship, presence of the juridical education or passage of special preparation for work as the private detective, or the experience of work in operative or investigatory divisions not less than three years; (Federal law from 22.12.2008 N 272)

Data on requirement for special means communication facility both other means and intention them to use.

Reliability of the data stated in presented documents, necessary for decision-making on licensing, including by interview with the citizen applying for its reception has the right to establish law-enforcement bodies.

The license does not stand out (Federal law from 22.12.2008 N 272):

1) to the citizens who have not reached twenty one years;

2) to the citizens consisting on the account in bodies of public health services in occasion of mental disease, an alcoholism or a narcotics;

3) to the citizens having a previous conviction for fulfillment of a deliberate crime;

4) to citizens to whom it is charged with fulfillment of a crime (up to the sanction of a question on their guilt in the order established by the law);

5) to the citizens dismissed from public service, from judicial, public prosecutor's and other law enforcement bodies on the bases compromising them;

6) to the former workers of law enforcement bodies who are carried out the control over private detective and security activity if from the date of their dismissal has not passed one year;

7) to the citizens who have not presented documents, listed in the second part of the present clause.

8) to the citizens who have not undergone dactylographic registration (Federal law from 22.12.2008 N 272)

Corresponding law-enforcement body gives the document of the established sample to the citizen got the license for work as the private detective.

Clause 7. Restrictions in a field of activity of the private detective

It is forbidden to private detectives:

1) to hide from law enforcement bodies the known facts of preparing or done crimes (Federal law from 22.12.2008 N 272);

2) to give out himself for employees of law enforcement bodies;

3) to collect the data connected with private life, with political and separate persons;

4) to carry out video-audio-photo-and filming in service or other premises without the written approval to that corresponding official or private persons;

5) to resort to the actions encroaching on the rights and freedom of citizens;

6) to make the actions connected with a threat a life, health, honour, advantage and property of citizens;

7) to forge materials or to mislead the client;

8) to disclose collected information, to use it in any purposes contrary to interests of the client or in interests of the third parties; (paragraph 8, Federal law from 22.12.2008 N 272)

9) to pass the license for the use by other persons.

10) Carrying out of the detective actions breaking secret of correspondence, telephone conversations and cable messages or the guarantees of a personal immunity connected with infringement or dwelling entails the responsibility established by the law. (paragraph 10, Federal law from 22.12.2008 N 272)

Clause 8. Expired on January, 1 2010. (Federal law from 22.12.2008 N 272)

Clause 9. The contract between the private detective enterprise (association) and the client

The private detective enterprise (association) is obliged to conclude with each of the clients the written contract on rendering of services in which data on agreeing parties, including date of licensing should be reflected. (Part I, FL 22.12.2008 N 272)

The contract is concluded if between the parties on a confidential basis the agreement on all its items is reached and it is made with observance of the conditions established regarding first part of present clause.

The specified calculation of the fee and charges of the private detective enterprise (association) is applied on the report. The copy of the report is a subject to storage in archive of the enterprise (association) within 5 years. (Part II, FL 22.12.2008 N 272)

Clause 10. Excluded on January, 1 2003 N 15

What we do not do:

  • We never force door locks.
  • We don’t sell special tools.
  • We never mislead our clients in respect of their problems.
  • We don’t work according to the pattern “remuneration for result only”.
  • We don’t work with those clients whose aims seem unclear or doubtful to us.
  • We don’t work with those clients who don’t leave contact details.
  • We never share information of our clients with the third party.

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Зимин Денис Анатольевич

Конференция Детективов

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