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The law concerning private detective and security activity  



The LAW of the RUSSIAN FEDERATION
About private detective and security activity
In the Russian Federation

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.

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.

 

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.

 

Clause 3 Kinds of private detective and security activity

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 .

 

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.

 

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;

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:

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.

 

The license for work as the private detective stands out law-enforcement body within a month from the date of submission of the application by the citizen applying for its reception, for the period of three years and is the basis for the state registration of the individual private detective enterprise in the Council of People's Deputies in a place of establishment of the given enterprise or for the conclusion of the labour contract with association of private detectives. The order and the sizes of payments at licensing are determined by the Ministry of Finance of the Russian Federation.

In default in licensing the law-enforcement body is obliged to inform the citizen in writing about this , sent the application with the instruction of motives of refusal. This decision or infringement of term of consideration of the application can be appealed against in a higher body of internal affairs or court.

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;

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;

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

 

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.

 

Clause 8. Licensing for creation of associations of the private detective enterprises

The private detective enterprises can create the associations having the status of the legal person. The obligatory requirement for their heads is presence of the maximum juridical education and licenses for private detective activity.

Founders of association for reception of the license are obliged to present to corresponding law-enforcement body the application, data on character and directions of activity of association, structure and prospective number of the personnel, about presence of special means, technical and other means, and also about needs for them and constituent documents.

The license stands out law-enforcement body within a month from the date of submission of the application for the period of three years and is the basis for the state registration of association in Advice of People's Deputies in a place of establishment of the given association. The order and the sizes of payments at licensing are defined by the Ministry of Finance of the Russian Federation.

In default in licensing the law-enforcement body is obliged to inform the founders in writing about it, sent the application, with the instruction of motivated reasons of refusal. This decision or infringement of term of consideration of the application can be appealed against in a higher body of internal affairs or court.

Associations of private detectives have the right to open the branches in other regions of the Russian Federation. Thus each branch should receive the license in corresponding law-enforcement body in a place of the arrangement.

If founders don't provide the data listed regarding the second present clause or representation of the deformed data, it forms the basis for refusal in licensing.

 

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.

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.

In the contract it is provided to give a duty of the private detective enterprise (association) to the client the written report on results of the done work which should include answers to the basic questions, interesting the client according to the contract.

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 three years.

Disputes by calculations for services and other bases established by the contract between the private detective enterprise (association) and the client, using its services, are considered in the judicial order.

 

Clause 10. Prolongation of validity and cancellation of licenses for private detective activity

Private detectives and association of the private detective enterprises should renew in due time licenses, and also represent to law-enforcement body under its requirement the data necessary for control of observance of established legal certificates of regulations about private detective activity. The license is prolonged under the petition of the applicant for five years one month prior to expiry of the term of its action.

The law-enforcement body which has licensed has the right to cancel it in cases:

Infringements or default by the private detective (the enterprise, association) the requirements stipulated by the present Law, positions of other laws and other legal certificates of the Russian Federation making a legal basis of activity of private detectives, their enterprises and associations;

Defaults of tax and other financial obligations

The preliminary written prevention law-enforcement body of its owner, except for cases if to the private detective it is charged with fulfillment of a crime should precede decision-making on cancellation of the license. In the prevention it is underlined precisely, which rules of law and rules are broken or not executed properly, and term for elimination of the admitted infringements is defined.

Cancellation of the license is the basis for the termination of private detective activity and can be appealed against in a higher body of internal affairs or court.

The license for private detective activity is cancelled also in case of voluntary refusal of the private detective of it or liquidation of association.

At an establishment court of legality of cancellation of the license the repeated reference behind its reception is possible after three years from the date of a judgment.

 

 

РART III

Private security activity

 

Clause 11. Rendering of services in the sphere of protection

Rendering of the services listed in the third clause of the present Law, is authorized only to the enterprises specially founded for their performance.

The enterprise which is engaged in rendering of security services is obliged to have the license which is given out by law-enforcement body by way of, established by the present Law for licensing associations of private detectives.

Security activity of the enterprises does not extend on the objects which are a subject the state protection which list affirms the Government of the Russian Federation. The security enterprises are authorized to render services in the form of armed security forces of property of proprietors, and also to use the technical and other means which are not causing harm of a life and health of citizens and an environment means operative radio-and telecommunication.

Heads of the security enterprises, and also the personnel of these enterprises (further - security guards), the rendering services connected with designing, installation and operation of means of the security-fire signal system, use in the professional work of the weapon and special means, maintenance of protection of a life and health of separate persons, are obliged to receive the license by way of, established for private detectives. Thus instead of the documents confirming presence of the juridical education, special preparation for job as the private detective and the experience of job in operative or investigatory divisions, it is required to present the documents confirming passage of special preparation for job as the security guard or the experience of job not less of three years in law-enforcement bodies or in security service to law-enforcement body.

To heads of the security enterprises, and also the security guards rendering services, listed regarding the fourth present clause, it is not authorized to combine security activity with public service or an elective paid post in public associations.

Refusal in delivery, prolongation of validity, cancellation of the license and the appeal of decisions of law-enforcement bodies are made by way of, established by the present Law for private detectives.

To the citizen who has received the license for rendering of security services, corresponding law-enforcement body the document of the established sample proving its identity simultaneously stands out.

Kinds of arms of security guards, the order of purchase, the account, storage and carrying of the weapon by them are regulated by the Government of the Russian Federation.

 

Clause 12. Additional conditions of licensing

For reception of the license for rendering of security services the enterprise created for these purposes, alongside with the documents listed regarding fifth clause 11 of the present Law, represents a note in which kinds of security services are listed to corresponding law-enforcement body and the protection given about prospective number of the personnel, intention to use the technical and other means, special means, the weapon and are specified territory of activity of the created enterprise and need for them.

The obligatory requirement to the director is presence of higher education.

If necessary reliability of the data stated in presented documents, necessary for decision-making on licensing for security activity has the right to establish law-enforcement bodies.

Refusal in delivery, prolongation of validity, cancellation of the license of the enterprise, the conclusion of contracts with clients and the appeal of decisions of law-enforcement bodies are carried out by similar established way for associations of the private detective enterprises.

On security activity the restrictions established by clause 7 of the present Law extend. Security guards are forbidden to use methods of investigation.

A person, who has made an illegal encroachment on the protected property, can be detained by the security guard on a place of an offence and should be immediately passed in law-enforcement body (militia).

 

 

РART IV

The mixed forms of detective and security activity

Clause 13. The mixed security-detective activity

The private security enterprises and the enterprises (associations) of private detectives for realization of security-detective activity are authorized to create on a contractual basis of association with preservation of the independence and the rights of legal persons.

 

Clause 14. Security-detective divisions at the enterprises

The enterprises irrespective of their organizational-legal forms, located in territory of the Russian Federation, have the right to establish the isolated divisions for realization of security-detective activity in interests of own safety of the founder, with the right of opening current and settlement accounts (further-security service).

The head and the personnel of security services are obliged to receive licenses according to positions of clauses 4, 6, 11 and 12 of present Law, to be guided by its requirements and to act the basis of own charters coordinated with law-enforcement bodies in a place of the establishment. Refusal in delivery, prolongation of validity, cancellation of licenses and the appeal of decisions of law-enforcement bodies are carried out by way established by the present Law for private detectives and security guards.

The security service is forbidden to render the services which have been not connected with a safety of the enterprise.

 

Clause 15. Preparation of detectives and security guards

For preparation, retraining and improvements of professional skill of the staff who is carrying out detective and security activity, can be created not state educational establishments which are having the right of the legal person.

Development of programs of training, licensing of the establishments specified regarding the first present clause and the control over their activity are carried out by way established by statutory acts of the Ministry of Education of the Russian Federation, coordinated with the Ministry of Internal Affairs of the Russian Federation, Ministry of Health of the Russian Federation and the Ministry of Finance of the Russian Federation.

 

 

РART V

Application of special means and fire weapon at realization of private detective and security activity

 

Clause 16. Conditions of application of special means

And fire-arms

During realization of private detective activity it is authorized to apply special means, and at realization of private security activity - special means and fire-arms only in cases and by way of, stipulated by the present Law, and within the limits of the rights given by the license.

The security guard at application of special means or fire-arms or the private detective at application of special means is obliged:

To warn about intention of its use, having given thus time suffices for performance of the requirements unless delay in application of special means or fire-arms creates direct danger to the life and to health or can cause other heavy consequences;

To aspire to that any damage caused at elimination of danger, was minimal, depending on character and a degree of danger of an offence and persons, who  made it, and also forces of rendered counteraction, ;

To provide the persons who have received physical injuries, the pre-medical help and to notify on an event in probably short term bodies of public health services and internal affairs;

Notify the public prosecutor on all cases of death or causing of physical injuries immediately.

Private detectives and the security guards possessing the license are obliged to pass periodic check on suitability to actions in the conditions connected with application of special means and fire-arms. Such check is carried out by way of, defined by the Ministry of Internal Affairs of the Russian Federation.

Application by the private detective or the security guard of special means or fire-arms with excess of the powers, emergency or necessary defense entails deprivation of the license, and also other responsibility established by the law.

 

Clause 17. Application of special means

On private detective and security activity rules of application of the special means, established by the Government of the Russian Federation for law-enforcement bodies of the Russian Federation extend.

Private detectives and security guards have the right to apply special means in following cases:

1) for reflection of the attack directly menacing by their life and health;

2) for suppression of a crime against the property protected by them when the offender shows physical resistance.

It is forbidden to apply special means concerning women with visible pregnancy, persons with obvious physical inability and minors when their age is obvious or known to the private detective (security guard), except for cases of rendering by them armed resistances, fulfillment of the group or other attack menacing to a life and health of the private detective (security guard) or the protected property.

 

Clause 18. Application of fire-arms

Security guards have the right to apply fire-arms in following cases:

1) for reflection of an attack when its own life is exposed to direct danger;

2) for reflection group or armed attacks on the protected property;

3) for the prevention (a shot in air) about intention to use the weapon, and also for submission of an alarm signal or a call of the help.

It is forbidden to apply fire-arms concerning women, persons with obvious physical inability and minors when their age is obvious or known to the security guard, except for cases of rendering by them armed resistances, fulfillment of the armed or group attack menacing to a life of the security guard or the protected property, and also at a significant congestion of people when extraneous persons can suffer from application of the weapon.

The security guard is obliged to inform on each case of application of fire-arms immediately law-enforcement body in a place of application of the weapon.

 

РART VI

Guarantees of social and a legal protection, the responsibility

The persons, engaged private detective and security

Activity

 

Clause 19. Social and a legal protection of private detectives

And security guards

Private detective and security activity is set off in the general seniority and the experience for purpose of grants on the state social insurance under condition of payment of payments in the Pension fund of the Russian Federation and in Fund of the state social insurance of the Russian Federation.

The citizens, engaged in the private detective and security activity, working on hiring, are a subject to obligatory insurance due to means of the corresponding enterprise (association) for a case of destruction, reception of a mutilation or other damage of health in connection with realization of detective or security actions.

Rendering of resistance, threat or violence over the persons, security services engaged by rendering in connection with execution of the duties by them, attracts the responsibility according to the law.

 

 

PART VII

The control and supervision over private detective

And security activity

 

Clause 20. The control and supervision over private detective

And security activity

The control over private detective and security activity in territory of the Russian Federation the Ministry of Internal Affairs of the Russian Federation, other ministries and departments of the Russian Federation both the subordinated bodies and carry out divisions within the limits of, established by the present Law, other laws and other legal certificates of the Russian Federation.

The officials, authorized to carry out the control over activity of the private detective and security enterprises (associations), educational establishments and security services, have the right to demand from them within the limits of the competence of representation of corresponding documents and to receive the written or oral information necessary for performance of control functions.

Supervision of execution of the present Law is carried out by the General public prosecutor of the Russian Federation and the public subordinated prosecutors.

 

 

PART VIII

The responsibility for creation of the illegal detective and security enterprises

 

Clause 21. The responsibility for creation of the illegal detective and security enterprises

Creation or activity of the private detective and security enterprises (associations), educational establishments and the security services which have been not stipulated by the present Law, entail the responsibility according to the legislation of the Russian Federation.

 

The president of

Russian Federation, B.Eltsin.

 

 

Moscow, House of Councils of Russia
 March, 11th, 1992 N 2487-1

The Declaration of
The SUPREME BODY of the RUSSIAN FEDERATION
About the order of introduction in action of the Law
of The Russian Federation " About private detective
And security activity in the Russian Federation"

 

The Supreme body of the Russian Federation declares:

1. To commission the Law of the Russian Federation "About private detective and security activity in the Russian Federation" from the date of its publication.

2. The citizens, engaged in private detective and security activity, the enterprises (associations), rendering detective and security services, educational establishments on a professional training for realization of the private detective and security activity, registered on territories of the Russian Federation, are obliged according to requirements of the present Law to receive the license for these kinds of activity till September, 1st, 1992.

3. To the committee of the Supreme body of the Russian Federation concerning legality, the law and order and struggle against criminality in three-monthly term to develop and present the Supreme body of the Russian Federation a bill of the Russian Federation " About the weapon ".

4. To the government of the Russian Federation in bi-monthly term:

To develop and approve the list of objects under the state protection, and also the list of kinds, the order of purchase, the account, storage, carrying and a rule of application to private detectives and security guards of special means and the list of kinds of arms of security guards, the order of purchase, the account, storage and carrying of the weapon by them;

To provide revision or a cancelling the ministries, the state committees and departments of the Russian Federation of their statutory acts contradicting the Law of the Russian Federation " About private detective and security activity in the Russian Federation ";

To provide allocation to law-enforcement bodies of the Russian Federation of the additional regular number necessary for performance of functions of licensing and control of private detective and security activity, with corresponding financing.

5. To the Ministry of Internal Affairs of the Russian Federation, the Ministry of Finance of the Russian Federation, the Ministry of Communications of the Russian Federation, the Ministry of Education of the Russian Federation, Ministry of Health of the Russian Federation till July, 1st, 1992 to publish statutory acts in execution of the present Law.

 

Chairman of the Supreme body
Russian Federation R.I.Hasbulatov
Moscow, House of Councils of Russia
March, 11th, 1992
N 2488-1
The text of the document is verified on:
"Sheets of congress of People's Deputies of The Russian Federation and the Supreme body of the Russian Federation»
N 17, 23.04.92

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