CURRENT STATE AND PROSPECTS OF PRIVATE DETECTIVE ACTIVITY IN UKRAINE

A.J. Frantsuz, B.O. Nosenko
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引用次数: 1

Abstract

Arguments in favor of the introduction of the institute of private detective activity in Ukraine, its formation and development at the present stage are given. The necessity of legislative regulation of issues of private detective (search) activity in the context of cooperation with law enforcement agencies, in particular with units of the National Police of Ukraine, is determined. The author's definition of private detective activity is presented, which is proposed to be defined as allowed by the National Police of Ukraine professional business activities of private detectives and private detective companies (agencies) to provide clients with detective services to protect their legal rights and interests on the grounds and in the manner prescribed by law. It is noted that the author's interpretation provides for the inclusion in the definition of the term that characterizes private detective activity as one of the types of business activities, as such activities are carried out on a contractual basis, profit and should be taxable under current Ukrainian legislation. Ways of cooperation between subjects of private detective (search) activity and divisions of the National Police of Ukraine are also offered. It is noted that the basis for effective cooperation between the subjects of private detective (investigative) activities and state law enforcement agencies should be the exchange of information regulated by law. This will allow not only to carry out separate (independent) activities, but also to carry out joint planning and joint measures to prevent offenses. The author notes that the most promising cooperation between private detectives and operational search units of the National Police may be in the field of search for missing persons, including children. However, in such cooperation, private detectives may have certain advantages. Compared to police officers, private detectives themselves determine the size of their workload, which will contribute to the greatest focus on a particular case. Also, the provision of paid services will promote a conscientious attitude to the assigned duties, as the amount of monetary remuneration of a private detective may vary depending on the results of his work. The author presents arguments in favor of granting supervisory powers in the field of private detective work to the internal affairs bodies of Ukraine.
乌克兰私人侦探活动的现状和前景
本文给出了赞成在乌克兰设立私人侦探活动研究所的理由,以及它在现阶段的形成和发展。确定有必要在与执法机构,特别是与乌克兰国家警察单位合作的范围内对私人侦探(搜查)活动问题进行立法管制。提出了笔者对私人侦探活动的定义,建议将其定义为乌克兰国家警察允许的私人侦探和私人侦探公司(机构)以法律规定的理由和方式为客户提供侦探服务以保护其合法权益的专业商业活动。委员会指出,发件人的解释规定在定义中将私人侦探活动定性为商业活动的一种,因为这类活动是在合同的基础上进行的,因此根据乌克兰现行立法应当征税。还提供了私人侦探(搜查)活动对象与乌克兰国家警察各部门之间的合作方式。委员会指出,私人侦探(调查)活动的对象与国家执法机构之间有效合作的基础应该是交换法律规定的信息。这样不仅可以进行单独的(独立)活动,还可以进行联合规划和联合措施以防止犯罪。发件人指出,私人侦探与国家警察的搜查行动单位之间最有希望的合作可能是在寻找失踪人员,包括儿童方面。然而,在这样的合作中,私家侦探可能具有一定的优势。与警察相比,私家侦探自己决定他们的工作量,这将有助于最大限度地关注特定案件。此外,私人侦探的薪酬报酬会视乎他的工作成果而有所不同,因此,提供有薪服务会促进他们认真对待所指派的工作。作者提出了赞成在私人侦探工作领域授予乌克兰内务机构监督权的论点。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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