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Legislation

In this section we will go over the normative legal acts of the Russian Federation concerning private detective activity namely the rights and responsibilities of private investigators.

1) Law of the Russian Federation dated 11.03.1992 "On Private Detective and Security Activity in the Russian Federation".

List of permitted detective services:

  • collection of information on civil cases on a contractual basis with stakeholders;
  • market research, collecting information for business negotiations, identifying insolvent or unreliable business partners;
  • establish the circumstances misuse in business logos and names, unfair competition, as well as the disclosure of information constituting a trade secret;
  • checking biographical and other data characterizing personality of individual citizens (with their written consent) at the conclusion of their work and other contracts;
  • search for the missing persons;
  • search of the lost citizens or enterprises, institutions and organizations of the property;
  • gathering information on criminal cases on a contractual basis with stakeholders;
  • search a person who is the debtor in accordance with court orders, his property, and child on the executive search requirements documentation to remove the child, on a contractual basis with the recoverer.

During a private detective activity permitted oral survey of citizens and officials inquiry learning objects and documents visual inspection of buildings rooms and other facilities the observation to obtain the necessary information. In the exercise of private detective work allowed the use of video, audio, film and photography, technical and other resources, without causing harm to the life and health of citizens and the environment.

Now turn to the following regulatory legal acts.

2) Penal Code.

Look at what articles of the Criminal Code may be criminally responsible private investigator. First of all, this is the article 203: excess of authority private detective in the discharge of their duties. The preliminary investigation is carried a police.

Article 137: violation of privacy , that is: illegal collection or dissemination of information about the private life of a person that make it personal or family secret, without his consent. Article 138: violation of the secrecy of correspondence, telephone conversations, postal, telegraph and other messages. Article 138.1: trafficking special technical devices for secret information. By articles 138 and 138.1 criminal cases excites the Investigative Committee of the Russian Federation.

Here are the legal rules affecting the operation of private detectives, is in a different code.

3) the Code of Administrative Offences.

Article 20.16: illegal private investigation services. Article 20.24: illegal use of special technical devices for secret information, a private detective work.

Final legislative act.

4) Decree of the Russian Federation from 26.01.12 № 10 "On Amendments to the Decree of the Russian Federation from 14.08.92, № 587"

Main change: Resolution № 587 is supplemented by Appendix № 8, which sets rules for providing private investigators assist law enforcement authorities.

Now officially allowed private investigators assist law enforcement agencies in: prevent and solve crimes, prevent and eliminate administrative offenses under the Agreement on the prevention and solving crimes and preventing and combating administrative offenses. So private investigators can now officially cooperate with law enforcement.

23 April 2017

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