Current state and prospects of private detective activity in Ukraine

Abstract

The arguments in favor of the introduction of the Institute of Private Detective Activity in Ukraine, its formation and development at the present stage are presented, as well as some shortcomings in the Law of Ukraine “On Detective Services” (registration No. 1228-1 of 20.09.2019) and their ways are proposed. The author presents an interpretation of private detective activity, which is proposed to be defined as a system of public and private search activities conducted by the subjects of this activity on a paid contractual basis to protect the legitimate rights and interests of clients by providing them with detective services in cases and order, provided for by law. It is noted that the author’s interpretation provides a list of such essential features as publicity, which consists in the open implementation of private detective services; publicity, which means that the search activities that are being conducted are hidden from the persons involved; monetary compensation for services rendered; availability of a civil contract and protection of the legal rights and interests of clients. It is proved that the author’s interpretation fully reveals the most common essential features of private detective activity. At the same time, it is proposed to name the document as the Law of Ukraine “On Private Detective Activity”, since “detective services” should be considered as a component of private detective activity. At the same time, the legislation governing the organization and conduct of private detective activity in Ukraine must, first of all, be of high quality, that is, which has been thoroughly examined in the  expert environment. The author presents arguments in favor of granting supervisory powers in the sphere of private detective activity to the Ministry of Justice of Ukraine.