Kleiman M. Administrative and legal regulation of private detective (search) activities

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U103906

Applicant for

Specialization

  • 12.00.07 - Адміністративне право і процес; фінансове право; інформаційне право

01-10-2021

Specialized Academic Board

К 26.503.01

Private institution "Research Institute of Public Law"

Essay

The dissertation is a complex scientific research of problems of realization of administrative and legal regulation of private detective (search) activity. The author's concept of private detective (search) activity in the narrow (activity of private detectives and their associations to ensure the legal rights and interests of individuals and legal entities in accordance with statutory principles and requirements with the permission of the authorized body on a contractual basis) and broad ( as the activity of private detectives and their associations to ensure the legal rights and interests of individuals and legal entities in accordance with the statutory principles and requirements with the permission of the authorized body on a paid contractual basis, and such carried out under the contract for detective services providing the customer with information on the search for people and property, his business interests, protection in pre-trial and court proceedings. The signs of private detective (search) activity are determined and the conclusion is made that the specified activity is: law enforcement, non-state, is carried out within the legal field, initiative on the choice of directions of activity; agreed with the customer to achieve the result; independent, unregulated in time, unpredictable in terms of obtaining results; risky for private detectives. It is established that the administrative and legal status of private detectives is special, due to special requirements for obtaining a special permit for such activities, appropriate education and retraining, specific rights and responsibilities, use of special means of protection, non-dissemination of confidential information obtained for the customer. It is investigated that the main components of the administrative and legal status of the subjects of private detective (search) activities (private detectives and associations of private detectives) are their administrative legal personality, legal guarantees of administrative and legal status, administrative and legal liability in case of violation of Ukrainian legislation and terms of the contract for the provision of detective services. The necessity of establishing the legally defined administrative and legal responsibility of the subjects of private detective (search) activity is stated. It is proposed to establish in the future law on private detective (investigative) activities the administrative responsibility of private detectives, in addition to those specified in the bills, for: the use of prohibited by law inspections of private housing and industrial and office premises (without permission of their owners); surveillance of private individuals outside their presence in public places and use of technical means for this purpose, in particular eavesdropping on telephone conversations; provision of detective services without concluding a relevant agreement. The concepts and features of control, delimitation with supervision, its system, forms of implementation and classification, including in the field of private detective (search) activities, are clarified. It is substantiated that the control over private detective (investigative) activity should include not only obtaining information on the legality of private detectives and private detective agencies and eliminating violations in their work, but also contain recommendations for its improvement, play a preventive and protective role in the field. legal rights and interests of individuals and legal entities. It is established that control over private detective (search) activities should be carried out by law enforcement agencies of Ukraine, namely: the National Police of Ukraine and its territorial branches. Author's definitions of concepts are developed: control of law enforcement agencies over private detective (search) activity, interaction between private detectives and law enforcement agencies.

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