FACTORS DETERMINING THE LEVEL OF USE OF TECHNICAL EQUIPMENT IN THE ACTIVITIES OF PRIVATE DETECTIVES

Abstract

This article analyzes the factors that determine the level of use of technical support by private detectives in Ukraine and trends in this area. This problem in Ukraine is poorly understood. Any process or phenomenon is traditionally divided into reactive and proactive parts. The reactive part is when the participant of the process takes a reactive position, ie waits for initiatives from others and reacts to their actions. The proactive part is when the subject of law enforcement takes an active position, ie he shows initiative. Accordingly, the functions of law enforcement, for example, operational and investigative, security, executive, advocacy can be divided into proactive and reactive parts. Figuratively speaking, the intelligence function is a proactive function, and the counterintelligence function is reactive. The state has delegated some of its law enforcement functions to the private sector, but all of these functions are reactive, law enforcement agencies respond to possible thefts, private executors enforce court decisions that have been made before, and so on. Of all the functions that the state entrusts to private participants, only prosecution attorneys have to take a proactive stance. Part of law enforcement activities that require active initiative is operational and investigative activities. Today, private detective investigative activity, analogous to operational and investigative activities of state law enforcement agencies, is not formally prohibited, but not regulated and absent in the legal field of Ukraine. This, in turn, determines the level of performance of such a function by private entities, including the use of technical support. The possibility of using them as the availability of technical means, the possibility of using them as access to training and advanced training in the use of those means, the possibility of using them as a legal basis for private detectives to use those equipment in their work. It was found that the factors of private detectives’ use of technical equipment in their work are: the ability to purchase and / or access to equipment, the ability to use or the ability to learn to use, the legal and legal framework for such use. It was found that the first two factors - the ability to purchase and qualification of use are available in Ukraine or in the CIS. Indeed, in Russia, where private detective work is allowed, and therefore the production of necessary equipment, there are a variety of hardware and software. From the west, where our neighbors are the European Union, where it is also allowed to conduct search activities by private entities, respectively, also equipment available in conditionally free (according to the relevant documents) sale. The problem in Ukraine arises with the third factor - the legal and legislative basis. From the point of view of law, private entities do not have the right to conduct operational and investigative activities, as this violates the rights of citizens. From the point of view of the law, there are a number of articles of criminal law that regulate, including criminal real punishments for subjects of such use, as well as those who dare to buy, sell, manufacture equipment that can be classified as special technical equipment for covert collection. information. Accordingly, the procedure and criteria for determining the equipment by a special technical means have been developed and are in force. It is established that the state of the third factor does not allow the development of private detective work in Ukraine so will be until a truly effective and competent law on private detective work, which would regulate the rights and responsibilities of private detectives and the legal limits within which a private detective could perform his tasks competently and efficiently. The tendencies of law development in the part of the law on private detective activity for the years from 2015 to the present are investigated and described.