PROBLEMS OF IMPLEMENTATION OF THE LAW “ON PRIVATE DETECTIVE (INVESTIGATION) ACTIVITY” IN UKRAINE TAKING INTO ACCOUNT FOREIGN EXPERIENCE
Journal Title: Юридичний науковий електронний журнал - Year 2018, Vol 1, Issue
Abstract
The article deals with the issues of legal consolidation of private detective activity in Ukraine, features of the adopted Law of Ukraine “On Private Detective (Investigation) Activity”, its positive and negative points. The study of world practice, namely, developed countries such as Great Britain, Germany and France and the expediency of its implementation in the legislation of our stat have been conducted. Also, based on the analysis of the search for options for improving non-state law enforcement activities.One cannot ignore the fact that the example of the highly developed legal states, in which private detective activity is recognized at the state level and regulated by law, shows a significant increase in the responsibility of state law enforcement systems. It also allows the release of law enforcement officers from minor and non-specific tasks and a timely, highly professional response to the needs of people and society from private detectives or private detective agencies. The detective combines an operative worker and an investigator. The criminal process in the United States and the United Kingdom does not contain a cleardistinctionbetweeninvestigativeandinvestigativeactivitiesanddoesnotdividethe pre-trial investigation and the trial itself. Therefore, a detective in foreign countries has more powers. It can combine reviews, searches, interrogations with audio, video monitoring of a person, face-to-face or, for example, confidential cooperation. The legislator, though, provided a large amount of services that private detectives can provide, but not everything is as perfect as it would be desirable.
Authors and Affiliations
В. І. Гришко, І. Г. Хоружа
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