LEGALIZATION OF PRIVATE DETECTIVE ACTIVITY IN UKRAINE: PROBLEMATIC ISSUES

Abstract

The article explores the problematic issues of the legalization of private detective activity in Ukraine. First of all, it analyzes the need for this type of activity in Ukraine and the need for its licensing at the legislative level. Attention is drawn to the problems of existing bills that offer ways of regulating private detective activity at the legislative level. It is pointed out what proposals of the existing bills are contrary to the current legislation of Ukraine, the development of bills on the legalization of private detective activity and changes in their approaches to resolving conflicts with the legislative system are considered. Possible options for identifying private detective activity that are proposed by bills created during the years of existence of an independent Ukraine are also considered. Discusses the problem of putting forward the requirements of the draft laws to persons who intend to engage in private detective activity. The author compares private detective activities with other types of human rights activities carried out by non-state individuals and legal entities, and suggests using their experience for private detective activities. In addition, the foreign experience of regulating such activity is studied and conclusions are drawn on its basis. The author formulated the main comments on the existing proposals for licensing private detective activity and suggested some options for solving such problems. In particular, a proposal was made for a licensing authority for this type of activity and possible options for resolving the conflict of bills on private detective activity with the existing provisions in the legislation of Ukraine. The author examines the rights and obligations of subjects engaged in private investigative activities, which can be used to regulate such activities by law.