LEGAL NATURE OF THE CONTRACT FOR THE PROVISION OF DETECTIVE SERVICES

Abstract

The article examines current issues and legal features of the contract for the provision of detective services. The author characterizes scientific opinions and legal basis in the form of a service contract with a focus on the civil law aspect. The author reveals the content of the essential terms of a detective services agreement and defines the purpose of this agreement. The author proves the importance of the basic legal principles and concepts underlying this type of contract and also clarifies its specifics in the context of the legal system. The author notes that by its legal nature, a detective services agreement is multifaceted, as evidenced by different approaches to determining the essence and legal status of a detective services agreement. The author details the current state of scientific novelty of a private detective services contract. The authors investigated the conceptual and categorical structure and place of a detective services contract with consideration of the international experience of regulating detective services provision on a contractual basis. It is established that the institute of contractual relationships in the field of detective services is a new phenomenon for the domestic national legislation of Ukraine and is at the stage of formation. In particular, issues of the design, conclusion, process of execution, and determination of essential terms, as well as the legal statuses of the parties, were raised in connection with the latest news on the adoption of the draft law «On Private Detective Activity» in February 2021. The authors highlighted the international experience of introducing the legalization of contractual relations for the provision of services by private detectives and private detective agencies. The author analyzes the contractual basis for the provision of a certain range of services by private detectives, depending on the legal conditions of the country of conclusion of the contract for the provision of private detective services. The author argues that it is necessary to determine the further prospects of the contract for the provision of detective services in Ukraine with further legalization of private detective activity. The author details the practice of concluding a contract for the provision of detective services as such, which occurs due to the relevance of detective services and regulation of these legal relations through the provisions of civil and contractual law, international standards, and legislation on the legal status of individual entrepreneurs and legal entities engaged in entrepreneurial activity.