SOME CIVIL-LEGAL ASPECTS REGARDING THE PROVISION OF DETECTIVE SERVICES

Abstract

Even in the absence of proper legislative regulation regarding the provision of detective services, the Law of Ukraine «On Private Detective (Investigation) Activity» was never adopted in Ukraine, the country observes the active use of private detective services, which is in demand among the population. This, in our opinion, is explained by the fact that in order to protect the rights, freedoms, and legitimate interests of both individuals and legal entities, as well as to preserve confidentiality, individuals are forced to seek help from private detectives, detective agencies, where an agreement will be concluded with them on provision of such services, which include the conditions and procedure defined in accordance with the current legislation. Draft No. 3010 of the Law of Ukraine «On Private Detective Activities» defines that «a contract on the provision of private detective services» is a written or electronic agreement between a private detective or a detective agency and a customer, by which the first party undertakes to provide detective services to the second party on under the conditions defined by the law and the contract, and the customer - to pay for the provision of such services. A contract for detective services refers to a civil law contract in which the executor undertakes to provide investigative services in accordance with the conditions specified in the contract and in accordance with legal requirements, and the customer undertakes to pay the cost of the services and the actual costs necessary for the performance of the contract. It was determined that the essential terms of the contract are its subject, which includes the provision of detective services in the spheres of personal, property, and marital relations. For example, in the case of providing services in the field of marriage and family relations, this may be information about the presence or absence of facts of family betrayal; in the field of personal relations - collection of information on work experience in the specified area, etc. Also important conditions are the price and term of the service. The parties to the contract are the customer and the executor, and its content includes the mutual rights and obligations of the parties, which may be common to all contracts for the provision of services and specific to the contract for the provision of detective services. Taking into account the international experience of private detective activity, it is necessary to adopt the Code of Ethics of a private detective taking into account international principles of detective activity.