Legal regulation of security predpr.

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Uploaded: 08.02.2011
Content: 10208211342370.doc 299 kB
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Introduction
"Possessing information - owns the world." This famous phrase could not be better characterize the principle on which is based the whole detective business.
Demand for the services of private investigators around the world is growing. According to recent data, about 70% of American businessmen prefer private investigation police services, and in Europe with a request for surveillance or non-state actors wanted for once in your life turned every tenth.
Modern Pinkertons involved in tracing people and property, the disclosure of criminal and civil cases, but the basic income they now receive, checking and advising companies on issues of economic security.
About private detective legends behind them stretches trail of mystery and ... stereotypes. Surveillance of unfaithful spouses - not only, but, unfortunately, the main association that comes to mind when thinking about the man in the street detective agencies. However, in reality the scope of their activities is much wider.
The basic profile of their work - is obtaining and verifying information about people, legal entities, partners, work on civil and criminal cases. Just seven points, clearly defined by law. All the rest - a taboo.
The official history of detective agencies dates back to 1992, when a law was passed "On private detective and security activity." In fact, however, most private investigators started working much later.
With the adoption of the law have been actively formed security agencies, the so-called private security firms (private security companies), which are now several thousand throughout the country. Then there was only necessary force protection, the need for detectives appeared later - in the second half of the 90s of the last century. But there are also the police, you say. Why do we need private detectives? The fact that not every problem can be to come to an investigator, and check business partners or new employees, they do not have to. And such a need in today's business there. And often just the problems that are turning ordinary people, or seem to be too small for law enforcement, or simply not part of their competence.
The relevance of the study due to the theoretical and practical significance of the problems associated with the improvement of law enforcement bodies of internal affairs and non-governmental groups, as an essential guarantee of the rule of law, which is essential in the process of legal and socio-political foundations of the rule of law.
Purpose - analysis and disclosure of the administrative, legal and organizational aspects of private detective and security activity in the modern period.
The object of the research are private detectives and security firms, which have become an integral part of the internal security of the state.
The subject of study is the professional activity of private detective and security enterprises, their capacity and competence, as well as the participation of the private security structures in the protection of public order, along with the employees of the Interior.
In accordance with this objective in the study were as follows:
1. Analysis of legal acts determining the procedure for creating and
operation of private detective and security agencies;
2. Consideration of the procedure for licensing of security activities;
3. The definition of the scope of the functioning of parties engaged in private
detective and security activity, their fundamental rights and duties.
4. Consideration of the main forms and procedures of interaction of ATM with private investigators and security companies.
The theoretical basis for the study:
We used a variety of sources, in particular, the Constitution of the Russian Federation, the Federal Law of 08.08.2001. №128-FZ "On licensing of certain activities", other federal laws, decrees of the Government of the Russian Federation and departmental regulations governi

Additional information

Closing

Today in Russia about two million Russian citizens working in the field of security activity. This huge army. Naturally, in the course of the overall security activity problems, conflicts, conflicts between the actors engaged in this field.
In the reformed system in the Russian non-state security and the fight against crime detective and security enterprises play an increasingly active role.
The current is now a non-governmental security system involves private security and detective companies, security services, education and advisory organization for the training of personnel to work in such structures, non-governmental analytical centers, information services, research organizations. All of them can and should be considered as subject really involved in the fight against crime and, above all, as the subject of the common organization of the fight against crime and preventive activity.
The main problems of the development of private security firms are:
-nesovershenstvo legislative framework (although in this area
steps are being taken);
-Quantitative rising crime, namely, transforming it into a
organized, as well as its desire to penetrate into public and private security;
-nedostatochnoe interaction with private security
state law enforcement agencies.
Detective agencies, few of those powers, which they gave the existing law "On private detective and security activity in the Russian Federation." In 1992, when the law was created, this business is sharply separated from the state. It is essential that these agencies were assistants of the state by its own laws.
Perhaps the detectives should have official access to some databases in which there is nothing secret: real estate, registration of legal entities, registration of individuals. Even the state of it will charge a small fee. The law itself is pushing the agency to commit a crime.
In addition, they should be allowed to question witnesses to this evidence had no legal weight as polls lawyer. Detectives also need to officially admit to the investigation of the case, within reasonable limits, of course. For example, he should be able to inspect the scene of the crime, to get some information.
Cooperation with the police there now, but it is based more on personal relationships that paves the way for corruption. In such a narrow legal space, which has got the detectives, they nothing else to do.
It is believed that the security structures in our country will develop and improve in the future will take a worthy place in the sphere of law and order.
Based on the foregoing, in the near future remains to be a great legislative work relating to all law enforcement and private security, including. This is primarily due to the change in legislation.
It seems that the spontaneous run-up legislation in this area was completed, and now need serious, painstaking work, involving all scientific forces, practitioners, and representatives of state and non-state protection (departmental, departmental, federal security services and private security). And since today is a unified law on private security and detective activities, therefore, and representatives of the detectives. To continue to work to improve the existing legislation, it is necessary, first of all, to have the concept of protective legislation in the Russian Federation.
Most of the problems in the formation of protective legislation arises from the fact that today there is no clear idea of \u200b\u200bwhat should be the security activity as a whole in the Russian Federation. No vision of the problem as a whole.
The concept of national bezop

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