In this section we will go through the regulatory legal acts of the Russian Federation concerning the private detective activity, namely the rights, duties and responsibilities of private detectives. So that the clients can orientate themselves in these cases and understand what is legal and what is not.
1) Law of the Russian Federation of 11.03.1992 "On Private Detective and Security Activities in the Russian Federation".
The exhaustive list of permitted detective services: collection of the information on civil cases on a contractual basis with the participants of the process; market research, gather the information for business negotiations, identification of non-creditworthy or unreliable business partners; establishment of the circumstances of illegal use of the brand names and names, unfair competition, as well as disclosure of the information constituting commercial secret in the entrepreneurship; identification of biographical and other personal data about individual citizens (with their written consent) when concluding labour and other contracts; search for missing citizens; search for property lost by citizens and enterprises, institutions, organizations; collection of the information on criminal cases on a contractual basis with the participants of the process; search for a person who is a debtor according to the executive document, his/her property, as well as search of a child by the executive document, that contains a request for the removal of a child, on a contractual basis with the recoverer.
During the private investigative activity, the oral interviews of citizens and officials are allowed, inquiries, study of the items and documents, external inspection of the buildings, premises and other facilities, observation in order to obtain the necessary information. By carrying out the private detective activities, video and audio recordings, film and photographing, technical and other means that do not harm the life and health of the citizens and the environment are allowed. That means that the provision of other services by detective is prohibited. But, of course, with a proper drafting of the contract, you can make a little legal trick, adjusting the situation of the client to one or another item of the List. In articles 7 and 9 of the Law you can read about the restrictions imposed on the detective and on his/her duties. Now let us turn to the next regulatory legal act.
2) The Criminal Code of the Russian Federation.
Let us see according to which articles of the Criminal Code a private detective can be criminally responsible. First of all, the article 203: Exceeding of the limits of authority by the private detective while performing his/her duties. The preliminary investigation here is carried out by the police inquiry body, which means that the usual investigator of the Department of the Russian Ministry of Internal Affairs can initiate a criminal proceeding against a private detective. Article 137: Violation of the inviolability of the private life, that means: illegal collection or dissemination of the information about the private life of a person constituting his/her personal or family secret, without his/her consent. Article 138: Violation of the confidentiality of correspondence, telephone conversations, postal, telegraphic or other communications. Article 138.1: Illegal circulation of the special technical facilities intended for secretly receiving information. According to the Articles 138 and 138.1 the criminal proceedings are opened by the Investigation Committee of the Russian Federation.
And the legal norms that affect the activities of the private detectives, are stated in another Code.
3) The Code of the Russian Federation on Administrative Offenses.
Article 20.16: Illegal private detective activity. Article 20.24: Illegal use of special technical facilities intended for secretly obtaining the information in the private detective activity.
However, not only “pinkerton” can be brought to the legal responsibility, but also his careless and frivolous client. Not everyone who calls a detective agency knows that services like "printing out (getting details) the calls, the texts of SMS messages, communication in the messengers, hacking the electronic mails or pages in the social networks, wiretapping, etc." are illegal. And if the detective, by virtue of his profession, has become accustomed to risk, then his/her client can be quite a compliant and respectable person, and therefore should know these moments, because the institution of complicity in the offense has not been cancelled by anybody.
And finally one more regulatory legal act.
4) Government Resolution of the Russian Federation of 26.01.12 No. 10 "On Amendments to the Resolution of the Government of the Russian Federation of 14.08.1992 No. 587"
The main change: Resolution No. 587 is supplemented by Appendix No. 8, which establishes the Rules of the provision of the right of private detectives to assist the law enforcement authorities.
Now private detectives are allowed to formally assist the law enforcement authorities in the following cases: preventing and solving the crimes, preventing and suppressing the administrative offenses on the basis of the Agreement on Prevention and solving the crimes, the Prevention and suppression of the Administrative Offenses. So, now the private detectives officially cooperate with the law enforcement authorities.
23 January 2018 em>