FEATURES OF COLLECTING EVIDENCE BY PRIVATE DETECTIVE ACTIVITY SUBJECTS FOR THEIR FURTHER USE IN COURT: FOREIGN EXPERIENCE

Abstract

The article examines foreign experience using the examples of the USA and Great Britain regarding the collection of evidence for court by subjects of private detective activity. The process of gathering evidence in these countries is an example of well-organized legal regulation, which provides a balance between the protection of the rights of individuals and legal entities, as well as the effectiveness of investigations and their admissibility in courts. The analysis of the studied sources shows that subjects of private detective activity can be witnesses in court proceedings and collect evidence for their further use in the court process. However, in the countries analyzed by us, regardless of the presence of a specific law in the field of activities of subjects of private detective activity, or its absence, high professional standards of detective activity have developed, which created the prerequisites for private detectives to be able to effectively cooperate with courts and have the evidence collected by them accepted unconditionally if it was collected in compliance with the requirements of the law. In view of this, it is possible to use foreign experience in the context of strengthening the professional standards of private detective activity, taking into account the lack of legislative regulation of this activity in Ukraine. However, this does not mean that the adoption of the relevant Law «On Private Detective Activity» loses its relevance, because its adoption can become the final stage for the legislative consolidation of high professional standards of this activity.