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Offered by the International Association of Investigators and Experts in Crisis Situations (IAIACE).
The International Association of Investigators and Experts on Crisis Situations (IAIACE) suggests that the Verkhovna Rada of Ukraine stop destroying the profession of "private detective" in the state and abandon the closed and behind-the-scenes review of the destructive draft Laws No. 1228 of 09/02/2019 and 1228-1 of 09/20/2019.

The International Association of Investigators and Experts on Crisis Situations (IAIACE) neither before nor now had anything to do with the preparation, promotion, participation in various working groups of draft Laws No. 1228 dated 02.09.2019 and 1228-1 dated 20.09.2019, and not will have such a relationship in the future. In this connection, it does not bear any legal, ethical and professional responsibility regarding the discussion, promotion and adoption of the specified draft Laws.

As an effective alternative, the International Association of Investigators and Experts on Crisis Situations (IAIACE) offers for public consideration:

Project (protected by Ukrainian copyright law)

THE LAW OF UKRAINE

About private detective work

This Law defines the general legal principles of private detective activity in Ukraine as one of the ways to ensure the constitutional guarantees of people, enterprises and organizations to protect their legal rights and interests.

Section I

TERMS

Article 1. Definition of basic terms

In this Law, the terms are used in the following sense:

1.1. The terms that define subjects of private detective activity:

- a private detective - a citizen of Ukraine, who carries out private detective activities on the condition of his state registration as an individual entrepreneur and on the condition of obtaining a certificate of the right to engage in private detective activities;

– detective enterprise – a private, independent economic statutory entity, which has the rights of a legal entity and carries out private detective activities with the aim of obtaining profit (income) in accordance with current legislation, and whose founder(s) and manager have received(received) a certificate(s) on the right to engage in private detective work;

- association of detective enterprises - an economic organization formed by two or more detective enterprises for the purpose of coordinating their commercial activities to solve joint economic and social tasks in the field of private detective activity.

1.2. Other terms:

- a specially authorized body in the field of regulation of private detective activity - a state body that supervises the implementation of private detective activity, has regional divisions and issues certificates of the right to engage in private detective activity;

- The unified state register of private detectives is an automated system for recording public information about persons who received a certificate of the right to carry out private detective activity in accordance with the procedure established by this Law, created by a specially authorized body in the field of regulation of private detective activity.

- public information about persons who received, in accordance with the procedure established by this Law, a certificate of the right to carry out private detective activity - surname, first name, patronymic of the person, date of birth, date and number of the certificate of right to carry out private detective activity, date and the private detective's license number, the address at which the subject of private detective activity was state registered, personal contact data and information about the detective enterprise or detective association, if the person is their founder (co-founder) or manager;

- professional self-governance of private detectives - a legally recognized system of management relationships between all representatives of the profession defined by code 3450 "Profession Classifier - 2007" or other relevant classifications of Ukraine, designed to consolidate their efforts to cooperate with state authorities, society and among themselves, which are provided by law certain management powers for the successful functioning of a professional group of detectives for the benefit of the whole society;

– qualification exams — checking the level of theoretical and practical knowledge of persons who have expressed their intention to obtain the status of subject of private detective activity and undergo special training, and which are conducted with the involvement of officials of a specially authorized body in the field of regulation of private detective activity;

- customer (client) - natural or legal person (resident or non-resident of Ukraine) to whom the subject of private detective activity provides services for the fulfillment of the order on a contractual basis;

- contract for the provision of services in the field of private detective activity - a civil law act, according to which one party - the subject of private detective activity - accepts the mandate of the other party - the customer (client) to provide him with services in the field of private detective activity, and the customer (client) undertakes to pay the subject of private detective activity a fee, as well as expenses related to the performance of the contract, unless otherwise stipulated by the contract (contractual relations between the private detective and the customer (client) are regulated by Articles 901 - 907 of Chapter 63 of the Civil Code of Ukraine);

– request – a written appeal by the subject of private detective activity to the state authority, local self-government body, their officials and employees, enterprises, institutions and organizations regardless of the form of ownership and subordination, public associations for the provision of information, copies of the necessary documents to the subject of private detective activity for the provision of private detective services to the customer and which is subject to a mandatory response in accordance with the requirements of this Law;

- professional secrecy of subjects of private detective activity - the type of confidential information, the content, volume, mode of obtaining, storage and use of which is determined by this Law;

- special education - the education of a citizen of Ukraine obtained in higher special educational institutions for training and training specialists of the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, the Prosecutor's Office, the Foreign Intelligence Service of Ukraine, the State Security Office, operational divisions of the tax police, state tax service bodies, the intelligence agency of the Ministry of Defense of Ukraine or relevant educational institutions of other states, regardless of the time of education;

– a branch of a detective enterprise – a separate subdivision of a detective enterprise that is located outside its location and performs all or part of its functions and is not a legal entity;

- private detective assistant (employee of a detective enterprise, detective association) — a person who works for a subject of private detective activity under the conditions determined by the current legislation of Ukraine in the field of labor law, and performs auxiliary tasks without obtaining a certificate of the right to engage in private detective activity;

- trainee private detective - a person who, in accordance with the requirements of this Law, acquires practical experience for carrying out private detective work;

- private detective certificate - a written document certifying the identity and status of the subject of private detective activity, their associations and branches;

- special training of private detectives - purposeful cognitive activity of citizens to acquire knowledge, skills or to improve them in the field of private detective activity, which is conducted in accordance with this Law;

- technical tool - a tool not prohibited for use for detecting, collecting, researching and providing evidence or other important information.

Article 2. Private detective activity

Private detective activity - entrepreneurial activity of subjects of private detective activity to provide customers (clients) - individuals and legal entities (residents and non-residents of Ukraine) with private detective services on a contractual basis in order to protect their legal rights and interests.

Article 3. Legal basis of private detective activity

The legal basis of private detective activity is the Constitution of Ukraine, this Law and other legislative acts of Ukraine.

Article 4. Principles of private detective activity

Private detective activity is based on the principles of the rule of law, legality, observance of the rights, freedoms and legitimate interests of individuals and legal entities, independence of subjects of private detective activity, preservation of professional secrecy, confidentiality, interaction with law enforcement agencies, state and local self-government bodies, enterprises , institutions, organizations and citizens.

Article 5. State regulation in the field of private detective activity

1. The bodies of state regulation in the field of private detective activity are the Cabinet of Ministers of Ukraine, as well as a specially authorized body in the field of regulation of private detective activity, namely, the qualification commission for private detective activity within the Ministry of Justice of Ukraine. Representatives of law enforcement agencies, state authorities, and professional self-government of private detectives should be included in the qualification commission for private detective activities within the Ministry of Justice of Ukraine.

2. State regulation in the field of private detective activity is carried out by the specified bodies in accordance with the requirements of the Constitution of Ukraine, this Law and other current legislative acts of Ukraine.

3. Specially authorized body in the sphere of regulation of private detective activity:

1) approves the conditions for acquiring the right to conduct detective work, forms qualification requirements and ethical standards;

2) approves the procedure for monitoring compliance with the requirements of the current legislation of Ukraine and this Law before conducting private detective activities;

3) issues and reissues certificates on the right to carry out private detective activities, issues duplicates of such certificates and makes a decision to recognize them as invalid;

4) approves the sample certificate appointment of a private detective and assistant private detective and regulates the procedure for issuing such certificates;

5) carries out, within the limits of his competence, control over compliance with the requirements of the current legislation of Ukraine and this Law before conducting private detective activities;

6) makes decisions on elimination of deficiencies, annulment of certificates on the right to carry out private detective activities;

7) forms and maintains the Unified State Register of Private Detectives;

8) organizes and coordinates issues of special training, retraining and advanced training of personnel who wish to carry out or carry out private detective activities, coordinates training programs for private detectives, concludes training contracts with state and private educational institutions, delegates its officials to participate in qualification exams ;

9) develops recommendations on the main problems of state policy in the field of private detective activity;

10) develops and conducts measures aimed at the development of the branches of detective activity;

11) prepares, elaborates and agrees with the representatives of the professional self-government of private detectives the drafts of normative legal acts related to private detective activity;

12) examines statements, appeals, complaints of consumers, business entities and state authorities regarding violations of legislation in the field of private detective activity, checks subjects of private detective activity regarding their activities, draws up protocols on violations in the field of private detective activity, which may be grounds for revocation of the certificate of the right to engage in private detective activity;

13) promotes the implementation of state policy regarding the interaction of subjects of private detective activity with state authorities;

14) forms and approves professional standards;

15) creates a qualification commission for private detective activities with mandatory branches in all regions, the Autonomous Republic of Crimea, the city of Kyiv and the city of Sevastopol.

Section II

TYPES AND LEGAL STATUS OF SUBJECTS OF PRIVATE DETECTIVE ACTIVITIES

Article 6. Subjects of private detective activity

1. Subjects of private detective activity are recognized by this Law:

1) private detectives;

2) detective enterprises;

3) unification of detective enterprises.

Article 7. Private detective

1. A private detective can be a citizen of Ukraine who has reached the age of twenty-one, speaks the Ukrainian language, is not registered with the health care authorities due to mental illness, alcoholism or drug addiction, has no criminal record and:

- has a higher specialized education or:

– has another higher education and has undergone special training for private detective work,

and received, in the prescribed manner, a certificate of the right to engage in private detective work.

2. A private detective has the right to:

1) engage in private detective work or other related business activities as an individual entrepreneur;

2) provide detective services in accordance with this Law;

3) to be a founder, co-founder or employee of a detective enterprise or an association of detective enterprises;

4) have one or more assistants from among persons who meet the requirements for an assistant private detective in accordance with this Law;

5) to use in his private detective work personal forms and a seal with his name, which are made to a personal order, at his own expense, in accordance with the procedure established by current legislation;

6) use certificates that are made to personal order and issued by a specially authorized body in the field of regulation of private detective activity;

7) conduct paid or unpaid internships for private detective trainees who wish to engage in private detective work, in accordance with the requirements of this Law and the relevant legislation of Ukraine;

8) to enjoy other rights as an individual entrepreneur in accordance with the legislation of Ukraine;

4. A private detective is obliged to:

1) comply with the requirements of the Constitution of Ukraine, this Law and other legislative acts of Ukraine in the performance of their professional duties;

2) to keep the professional secret of the private detective, which became known to him in connection with the provision of private detective services, and not to disclose it without the consent of the customer (client), with the exception of cases provided for by the current legislation of Ukraine;

3) to carry a private detective certificate when performing their professional duties in providing private detective services;

4) perform other duties of an individual entrepreneur in accordance with the legislation of Ukraine.

Article 8. Detective enterprise, association of detective enterprises.

1. In order to increase the effectiveness of private detective activity, a private detective (private detectives) may (can) create detective enterprises and associations of detective enterprises.

2. Founders and managers of detective enterprises, association employees of detective enterprises must meet the requirements for acquiring the status of a private detective according to this Law and have the right to:

1) engage in private detective activities or other related business activities as part of detective enterprises, associations of detective enterprises and their branches;

2) provide private detective services in accordance with the requirements of this Law;

3) to use personal forms and a seal with the name of detective enterprises or associations of detective enterprises, which are made to personal order, at their own expense and in accordance with the procedure established by current legislation, in their detective activities;

4) use certificates made to personal order and issued by a specially authorized body in the field of regulation of private detective activity;

5) conduct paid or unpaid internships for trainees who wish to engage in private detective work, in accordance with the requirements of this Law and the relevant legislation of Ukraine;

6) make decisions about the hired work of employees of detective enterprises or associations of detective enterprises;

7) enjoy other rights as representatives of a private, self-managed statutory entity.

4. Founders and managers of detective enterprises, associations of detective enterprises are obliged to:

1) comply with the requirements of the Constitution of Ukraine, this Law and other legislative acts of Ukraine in the performance of their professional duties;

2) to keep the professional secret of private detectives, which became known to them in connection with the provision of detective services, and not to disclose it without the consent of the customer (client), with the exception of cases provided for by the current legislation of Ukraine, to demand the preservation of professional secret from hired employees;

3) when providing private detective services, carry a private detective certificate;

4) perform other duties of the founders and managers of a private, self-managed statutory entity in accordance with the legislation of Ukraine.

5. Employees of detective enterprises, associations of detective enterprises and their branches enjoy the rights of an employee, as a representative of a private, independently operating statutory entity.

6. Employees of detective enterprises, associations of detective enterprises and their branches are obliged to:

1) comply with the requirements of the Constitution of Ukraine, this Law and other legislative acts of Ukraine in the performance of their professional duties;

2) to keep a professional secret that became known to them in connection with the performance of the tasks of the management of detective enterprises, associations of detective enterprises and their branches and not to disclose it without the consent of the customer (client), with the exception of cases provided for by the current legislation of Ukraine;

3) perform tasks and separate assignments of the management of detective enterprises, associations of detective enterprises and their branches in accordance with the legislation of Ukraine.

7. The right to use the word "detective" in the name of a legal entity belongs exclusively to detective enterprises and their associations, which are registered and carry out their activities in accordance with this Law.

8. State registration of a detective enterprise is carried out in accordance with the procedure specified by the Economic Code of Ukraine and other legislative acts of Ukraine regarding the registration of enterprises and business partnerships.

9. The management of the enterprise, which has passed state registration and uses the word "detective" in the name of the legal entity, is obliged to provide the regional division with a special the following documents of the authorized body in the sphere of regulation of private detective activity:

– certificate of the management team of the detective company or their association (founders and manager);

- copies of certificates on the right to engage in private detective activity of the founders and head of the detective enterprise or their association.

10. In case of annulment of the certificate on the right to engage in private detective activity of an individual founder (co-founder), the enterprise must exclude the term "detective" from the name within a period of no more than thirty calendar days from the date of annulment of the relevant certificate.

11. In the case of cancellation of the certificate of the right to engage in private detective activities of the head of the enterprise and, if he is not the founder (co-founder), this head must be dismissed from his position and replaced by a head who meets the requirements of this Law.

Chapter III

ISSUANCE AND CANCELLATION OF THE CERTIFICATE OF THE RIGHT TO ENGAGE IN PRIVATE DETECTIVE ACTIVITY

Article 9. Issuance of certificates on the right to engage in private detective activity

1. Issuance of certificates on the right to engage in private detective activity is carried out by a specially authorized body in the field of regulation of private detective activity, taking into account the requirements stipulated by this Law.

2. Regulations on the procedure for issuing a certificate of the right and engaging in private detective activity and the terms of payment for services for its issuance are approved by the Ministry of Justice of Ukraine.

3. A certificate of the right to engage in private detective activity is issued indefinitely on a paid basis within ten days from the date of submission of documents for obtaining such a certificate.

4. Simultaneously with the certificate of the right to engage in private detective activity, the applicant is issued a private detective certificate.

5. To obtain a certificate of the right to engage in private detective activity, a person personally submits an application for the issuance of a corresponding certificate to the regional division of a specially authorized body in the field of private detective activity regulation and adds to the application:

– photo cards in paper and electronic format;

– a copy of the passport of a citizen of Ukraine and a copy of the certificate on the assignment of an identification number;

- a medical certificate stating that the applicant is not registered with the health care authorities due to mental illness, alcoholism or drug addiction;

- a certificate of no criminal record;

- in the case of having a special education - a copy of the document on the availability of such education, in the case of having another higher education - a copy of the document on the availability of such education and the original of the document confirming the completion of special training in the field of private detective activity;

6. It is forbidden to demand any other documents not provided for by this Law.

Article 10. Refusal to issue a certificate of the right to engage in private detective work

1. A certificate of the right to engage in private detective activity is not issued exclusively:

- citizens who, in accordance with the procedure established by the current legislation of Ukraine, are prohibited from engaging in entrepreneurial activity;

- citizens whose certificate of the right to engage in private detective activity was revoked in accordance with the procedure established by the legislation of Ukraine, if three years have not passed since the certificate was revoked;

- citizens who, by a court decision, were brought under criminal responsibility and for committing a crime;

– to citizens who have been held liable for any type of corruption offences;

- in case of detection of falsification of information in the documents specified in Clause 5 of Article 9 of this Law.

Article 11. Cancellation of the certificate of the right to engage in private detective activity

1. A specially authorized body in the field of regulation of private detective activity is obliged to cancel the certificate of the right to engage in private detective activity in the following cases:

- conviction of a private detective for committing a crime - after the verdict becomes final;

- the court restricts the capacity to act or recognizes the private detective as incapacitated;

- a personal statement of a private detective,

- the death of a private detective;

– termination of citizenship or departure to a permanent place of residence outside Ukraine;

- establishment of the fact of use of the private detective's certificate or certificate by another person;

- if there is a court verdict on a gross violation of the requirements of this Law.

2. Cancellation of a certificate is the basis for termination of individual private detective activity, as well as the activity of a private detective enterprise, the founder of which is a person with a canceled certificate. The termination of the activity of a private detective enterprise does not entail the termination of the activity of a legal entity, which may continue to carry out other activities not related to detective activity, provided that the statutory documents and name are brought into compliance with the law.

3. The decision to cancel the certificate of the right to engage in private detective activity takes effect from the moment public information is removed from the Unified State Register of Private Detectives

Chapter IV

ACTIVITIES OF PRIVATE DETECTIVES, PRIVATE DETECTIVE COMPANIES, THEIR ASSOCIATIONS

Article 12. Types of detective services that can be provided by subjects of private detective activity.

1. Private detective activity is carried out for the purpose of searching, collecting and recording information, searching for objects, property and people, establishing facts and clarifying various circumstances at the request of clients.

2. To achieve this goal, subjects of private detective activity provide private detective services using means and methods that are not prohibited by the current legislation of Ukraine.

3. The provision of the following types of private detective services is permitted:

1) collection of information on civil, economic cases, cases on administrative offenses on a contractual basis with the participants in the process;

2) collection of information during criminal proceedings or judicial investigation on a contractual basis with the participants in the process - on the part of the prosecution or on the side of the defense. No later than one day from the moment of concluding the contract with the customer (client) for the collection of information during criminal proceedings or judicial investigation, the subject of private detective (investigative) activity is obliged to notify the body in writing about the essential terms of the contract with a certificate criminal proceedings or judicial investigation case;

3) market research, search and collection of information from authorized sources for the purpose of preparing business negotiations, clarifying the financial, property and commercial capacity and trustworthiness of potential business partners (legal entities and individuals) in the regions of Ukraine and abroad;

4) clarifying the circumstances of illegal use of trademarks and names in business activities, implementation of other measures to prevent unfair competition;

5) clarification of the circumstances of illegal obtaining of credit (including commercial credit) and the circumstances of non-fulfillment of debt obligations to individuals, enterprises and organizations; .

6) clarification of the circumstances of illegal (unauthorized) receipt, collection, disclosure of information constituting commercial, banking, and official secrets, as well as facts of illegal (unauthorized) collection of confidential information regarding individuals and legal entities;

7) elucidation of biographical and other personal data regarding individual citizens with their consent when concluding employment and other contracts, identifying their business connections, including in the regions of Ukraine and abroad;

8) searching for persons whose whereabouts are unknown, clarifying the reasons and circumstances of their disappearance, possibilities and conditions for their return, searching for persons who have lost family and friendly ties in the regions of Ukraine and abroad;

9) search for missing, lost or stolen property;

10) implementation of measures to reproduce lost (disappeared) information on legal rights and interests of customers;

11) search and collection of data, which may be a reason or basis for applying to law enforcement agencies or to the court;

12) search and detection of facts of illegal use of intellectual property rights belonging to the customer;

13) search for debtors and persons who avoid fulfilling their contractual obligations;

14) detection of illegally installed eavesdropping and video recording devices in accordance with the license conditions established by the current legislation of Ukraine;

15) audit of security measures operating at enterprises and organizations on a contractual basis, execution of other orders regarding security and protection of legal rights and interests of business entities - residents and non-residents of Ukraine;

16) provision of consulting services to citizens and legal entities on issues of private detective activity, non-state security and other issues that, according to the customer (client), are the competence of subjects of private detective activity;

17) collection of information regarding the establishment of an insured event on a contractual basis with the parties to the insurance legal relationship;

18) conducting private investigations on a contractual basis with law enforcement and other state bodies in the interests of the state and society;

19) provision of other private detective services that do not contradict this Law and the legislation of Ukraine

Article 13. Powers of subjects of private detective activity

1. Private detectives, detective companies, associations of detective companies, in the course of their professional activities, have the right to search for, obtain and accumulate the necessary information by all methods not prohibited by law, including:

1) on the basis of oral or written requests to enterprises, institutions, organizations, citizens and with their consent to receive the necessary information, documents or their copies on issues related to contractual relations between a private detective or detective enterprise and the customer (client), or on the provision of official clarification of issues assigned to the competence of subjects of private detective activity;

2) in accordance with this Law, to get acquainted at enterprises, institutions, organizations, and other legal entities with the information, materials and documents necessary for the performance of the customer's task (with the exception of those whose secrecy is protected by law and confidential information that is the property of the state);

3) conduct an external inspection of buildings, premises, other objects with a visual inspection of objects, their photography, video recording, drawing up diagrams and drawings, if access to these objects is not restricted;

4) conduct an external inspection of buildings, premises, and other objects closed to free access with the consent of their owners or legal users;

5) only with the written or verbal consent of the owners, visit their residential and other premises and conduct an inspection of them in order to obtain the information necessary for the performance of the task;

6) inspect or study materials, objects, documents with the consent of their owners or legal users;

7) to receive, on a contractual basis, written conclusions and oral consultations of specialists and experts on matters requiring special knowledge;

8) carry out external surveillance in open areas, in public places and on transport in cases related to the disclosure of criminal crimes, acts of corruption, elimination of threats to the rights and freedoms of the customer (client);

10) I will do it photographing, video and audio recording, as well as use other technical means that do not cause harm to the life and health of citizens, the environment, in official and other premises, with the written or oral consent of the owners, users of these premises or persons authorized by them .

11) to conduct an oral survey of persons in individual conversations at the request of these persons or with their permission.

2. In the course of carrying out private detective work, it is not allowed to violate the legal rights and freedoms of individuals or legal entities.

Article 14. Restrictions on private detective activities

1. Private detectives, their assistants, founders, managers, other employees of detective enterprises, associations of detective enterprises and their branches are prohibited from:

1) conceal from law enforcement agencies the facts of crimes committed or crimes being prepared, which became known in the course of conducting private detective work;

2) impersonate subjects of operational investigative activities, employees of law enforcement agencies;

3) transfer the certificate of the right to carry out private detective activity or the certificate for use to other persons;

4) divulge to anyone any information that became known during private detective activities, unless there is a relevant court decision on the disclosure of the specified information.

2. In the case of receiving the results of private detective activity, which constitute a state or other secret protected by law, are not subject to transfer and disclosure to third parties, the subject of private detective activity informs the relevant law enforcement agencies about this.

Article 15. Cooperation and interaction of subjects of private detective activity with law enforcement bodies and local self-government bodies, legal entities and individuals

1. Subjects of private detective activity contribute to the activities of law enforcement and other state bodies in the performance of their tasks, taking into account the interests of customers (clients).

2. Subjects of private detective activity who, during the course of private detective activity, received information about the facts of a committed crime or about the preparation for committing a crime, are obliged to immediately take measures (if this is not prevented by circumstances of force majeure) regarding the notification of this to the relevant law enforcement body and transfer to it materials confirming this information.

3. Subjects of private detective activity have the right to provide law enforcement agencies with assistance in maintaining law and order and other services not prohibited by the legislation of Ukraine on a voluntary basis.

4. Upon written requests of subjects of private detective activity, state bodies are obliged to provide them with information on individuals and legal entities and events contained in existing information-analytical, accounting and other divisions and related to the content of detective services within the agreed time frame, provided by subjects of private detective activity.

The subject of private detective activity shall attach a copy of the certificate of the right to engage in private detective activity to the motivated request for the provision of information.

5. A body of state power, a body of local self-government, their officials and employees, heads of enterprises, institutions, organizations, public associations, to which a written request was sent by the subject of private detective activity, are obliged no later than ten working days (if another the term is not agreed at the time of the request) from the day of receiving the request to provide relevant information and/or copies of documents, removing from them information with limited access.

6. If the request concerns the provision of a significant amount of information or requires the search for information among a significant amount of data, the period for considering the request may be extended to the appropriate number of days upon agreement with the subject of private detective activity.

7. If the satisfaction of the request involves the production of copies of documents with a volume of more than ten pages, the subject of detective activity is obliged to reimburse the actual costs of copying and printing. The amount of such expenses cannot exceed the limit of expenses for copying and printing established by the Cabinet of Ministers of Ukraine in accordance with the Law of Ukraine "On Access to Public Information".

8. Refusal to provide information upon request, untimely or incomplete provision of information, provision of information that does not correspond to reality, entail responsibility established by law, except in cases of refusal to provide information with limited access.

9. Bodies of state power and local self-government support private detectives, private detective companies, associations of private detective companies in their activities.

10. Bodies of state power and local self-government have no right to interfere in professional private detective activities, except for the grounds contained in the current legislation of Ukraine.

Article 16. Customers (clients) of the subject at cotton detective activity

1. Customers of the services of a private detective, a detective company, and an association of detective companies can be natural and legal persons of Ukraine (regardless of the form of ownership), as well as foreign citizens and legal persons.

2. The subject of private detective activity may provide its customers (clients) with the services provided for in Article 12 of this Law, after concluding an appropriate agreement (agreement) between it and its customer, the form and content of which must meet the general requirements of contract law.

3. The specified agreement (contract) together with the act of acceptance and transfer of completed works, as well as the accounting of documents regarding the payment of completed works and the payment of relevant taxes, is kept in the archive of the subject of private detective activity during the tax reporting storage terms established by the current legislation.

4. Material carriers of information obtained as a result of private detective activity with information related to the personal life, honor, and dignity of a person, if they do not contain information about the commission of criminal acts, are not subject to storage and must be destroyed immediately after providing the report to the customer (client). Other material carriers of information are kept in the archive of the subject of private detective (research) activity and are destroyed in accordance with the procedure established by this Law.

5. The subject of private detective activity does not have the right to accept an order for the provision of services for private detective activity and conclude a corresponding agreement with the customer of the services in the event that:

1) the subject of private detective activity provided similar services to persons whose interests conflict with the interests of the customer;

2) a person with whom the private detective (an employee of a detective enterprise, an association of detective enterprises or their branches) is in a family relationship is involved in the investigative investigation;

3) in the process of providing private detective services, the rights and legally protected interests of the state or individual citizens may be violated.

Article 17. Professional secrecy of the results of private detective work

1. Information on the issues on which a private detective investigation was carried out, and information related to the personal life, honor, dignity of a person, as well as other information obtained by subjects of private detective activity during the performance of their professional duties, constitute professional secrecy of the subjects of private detective activity.

2. Private detectives, employees of detective enterprises, their associations are prohibited from disclosing and using in their own interests or the interests of third parties information that constitutes the professional secret of the subject of private detective activity.

3. The use by the specified persons directly or through other persons of the information obtained as a result of private detective activities for the purpose of blackmailing the subjects of detective investigations or the customers of such investigations entails criminal liability provided for by the laws of Ukraine.

4. Professional secrecy can be disclosed only by a relevant court decision in the interests of protecting the state or the rights of an individual.

Article 18. Guarantees of private detective activity

1. The professional rights, honor and dignity of a private detective are guaranteed and protected by the Constitution of Ukraine, this Law and other laws, in particular:

1) any interference and obstacles to private detective activities are prohibited;

2) it is prohibited to demand from a private detective, his assistant, an intern, a person who is in employment relations with a private detective, a detective enterprise, an association of such enterprises, as well as from a person in respect of whom the right to engage in detective activity has been terminated or suspended, to provide information that is a professional secret. These persons may not be interrogated on these matters, unless the person who entrusted the relevant information exempted these persons from the obligation to maintain secrecy in accordance with the procedure prescribed by law;

3) it is prohibited to carry out investigative activities or investigative actions against the subject of private detective activity without the appropriate permission of the court;

4) it is prohibited to review, disclose, demand or withdraw documents related to private detective activities;

5) the subject of private detective activity is guaranteed the right to ensure security during participation in criminal proceedings in accordance with the procedure established by law;

6) it is prohibited to involve a private detective or an employee of a detective enterprise in confidential cooperation during the implementation of operative-search activities or investigative actions, if such cooperation is related to or may lead to the disclosure of a professional detective secret;

7) it is prohibited to interfere in the private communication of the private detective with the customer (client);

8) the body or officials who detained a private detective or applied a preventive measure to him are obliged to immediately notify appropriate regional representation of a specially authorized body in the sphere of regulation of private detective activity and the self-governing body of private detectives;

9) it is prohibited to threaten the subject of private detective activity with the application of liability in connection with his private detective activity in accordance with the law;

11) identifying the private detective with the client is prohibited;

2. In the event of a search or inspection of the home, other possessions of the subject of private detective activity, the premises where he carries out his activities, temporary access to things and documents, the court in its decision shall, in a mandatory manner, note an exclusive list of things, documents that is planned to be found, discovered or seized during an investigative action or application of a security measure for criminal proceedings.

Article 19. Training of private detectives

1. The issue of special training, retraining and advanced training of personnel who wish to carry out or carry out private detective activity is organized and coordinated by a specially authorized body in the field of regulation of private detective activity in accordance with relevant agreements with higher educational institutions, regardless of their ownership. The certificate of completion of the specified special training is issued based on the results of the qualification exams and is the basis for applying for a certificate of the right to carry out private detective work.

2. Detective companies, their associations, as well as subjects of professional self-government of private detectives, registered in accordance with the current legislation of Ukraine, may create professional special training courses for private detectives on the basis of separate contracts with a special authorized body in the field of regulation of private detective activity. The procedure and training programs must meet the requirements of the current legislation in the field of education. The certificate of completion of the specified special training is issued based on the results of the qualification exams and is the basis for applying for a certificate of the right to carry out private detective work.

3. Subjects of private detective activity may conduct lectures, seminars, trainings, conferences and other professional events in the field of private detective activity on a paid or free basis.

4. It is prohibited to carry out special training, retraining and advanced training of personnel who wish to carry out or carry out private detective activity, without the involvement in training of at least 30 percent of the teaching staff from the number of persons who have practical experience in the field of private detective activity for at least three years.

Section V

ACQUISITION, STORAGE AND USE OF SPECIAL AND TECHNICAL EQUIPMENT WHEN PERFORMING PRIVATE DETECTIVE ACTIVITIES

Article 20. Obtaining permission to purchase, store and use special means of active defense

1. Subjects of private detective activity, after receiving a certificate of the right to engage in private detective activity, may apply to the appropriate body of the Ministry of Internal Affairs for a permit to purchase, store and use special means of active defense.

2. The following are considered special means of active defense:

1) devices for firing cartridges equipped with non-lethal rubber or metallic projectiles similar in their properties;

2) electric shock devices;

3) spray cans and other special means with lachrymatory and irritant drugs.

3. The private detective purchases these special tools at his own expense and registers them with the internal affairs body in accordance with the procedure established by the legislation of Ukraine.

4. The purchase, storage and use of special means of active defense without obtaining the appropriate permit is prohibited.

Article 21. Terms of use of special means

1. When carrying out private detective activity, a private detective has the right to use special means only in the cases and in the order provided by this Law.

2. When using special means, a private detective must:

1) to warn about the intention to use them, while giving enough time to fulfill their requirements, except for those cases when the delay in the use of special means creates a direct danger to his life or health or may entail other serious consequences;

2) strive, depending on the nature and degree of danger of the offense and the persons who committed it, as well as the strength of their resistance, so that any damage caused by the elimination of the danger was minimal;

3) provide pre-hospital care to persons who have received physical injuries and immediately notify the health and internal affairs authorities about this case.

3. Private detectives who have a permit to purchase, store and use special means are required to undergo a periodic check for suitability for actions in conditions related to the use of special means. Such a translation is carried out in accordance with the procedure determined by the Ministry of Internal Affairs of Ukraine.

4. The use of special means by a private detective in excess of his powers, exceeding the limits of necessary defense, or without extreme necessity entails responsibility established by law.

Article 22. Use of special means when conducting private detective work

1. Special means of active defense may be used by private detectives and employees of detective enterprises, their associations and branches exclusively for:

– self-defense or protection of another person from an attack that poses a threat to life, health or property;

- prevention of illegal attempts to take possession of special means by force;

- prevention of crime.

2. The use of special means is prohibited:

1) to women with obvious signs of pregnancy, the elderly or with pronounced signs of disability, and minors, except in the case of a group attack by them that actually threatens the life or health of a private detective, or an armed attack;

2) in the premises and on the land plots secured by the representations of foreign states;

3) in premises or industries related to the production of explosive or flammable substances, in children's and medical institutions.

Article 23. Use of technical means in private detective activities

Subjects of private detective activity are allowed to use technical means not prohibited by the legislation of Ukraine, provided they observe the legal rights and interests of citizens.

Article 24. Use of firearms in private detective activities

Subjects of private detective activity are allowed to purchase, store and use firearms on a general basis only on the basis of the current legislation of Ukraine and subject to compliance with the legal rights and interests of citizens.

Section VI

FINAL AND TRANSITIONAL PROVISIONS

1. This Law enters into force six months after its publication.

2. The Cabinet of Ministers of Ukraine within the specified period after this Law enters into force:

1) prepare and submit to the Verkhovna Rada of Ukraine proposals for bringing the laws of Ukraine into compliance with this Law;

2) to bring its normative legal acts into compliance with this Law;

3) ensure that the ministries and other central bodies of the executive power of Ukraine bring their regulatory acts into compliance with this Law.