Законопроекты «О частной охранной деятельности» и «О частной детективной деятельности», призванные легализовать статус телохранителей и частных охранников, а также расширить полномочия частных детективов, готовятся в Госдуме, передает ТАСС.Зампред думского комитета по безопасности и противодействию коррупции Анатолий Выборный рассказал газете «Известия», что разработка законопроектов началась после принятия в марте на Межпарламентской ассамблее государств — членов СНГ соответствующих модельных законов. Как и другие участники ассамблеи, Россия должна разработать на их основе собственное законодательство в данной сфере. По словам Выборного, действующий в РФ на данный момент закон «О частной охранной и детективной деятельности», принятый еще в 1992 г., «безнадежно устарел, это признают и власть, и бизнес».
«Фактически мы легализуем профессию телохранителя. В России существует и действует рынок личной охраны, но вне правового поля их права и обязанности никак не регулируются», — сказал депутат. В новый законопроект «О частной охранной деятельности» войдет положение о том, что получить статус телохранителя смогут лишь прошедшие спецподготовку профессионалы со стажем работы в оперативных или следственных подразделениях не менее трех лет.
Кроме того, новая норма призвана ликвидировать существенный пробел в законодательстве: на сегодняшний день договор с телохранителями заключается только на охрану имущества, а охранять жизнь человека они не имеют права. Так, в документе будет прописано право на ношение и применение огнестрельного оружия и спецсредств, на причинение вреда нападавшему «в пределах, установленных законодательством», а также право задержать посягнувшего на здоровье или жизнь охраняемого лица, либо на жизнь самого телохранителя. Наконец, в законопроекте будет прописан порядок привлечения частных охранных предприятий (ЧОП) к охране объектов в условиях военного времени или чрезвычайного положения.
Законопроект «О частной детективной деятельности» даст детективам полномочия официально запрашивать документы у органов власти и встречаться с подозреваемыми или обвиняемыми по уголовным делам. Изменения коснутся и регулирования сведений об оказании услуг заказчику: детективы будут вправе не разглашать «детективную тайну». По данным издания, в документе также будет прописана обязанность частных сыщиков страховать риск ответственности за нарушение договора и за причинение ущерба здоровью, имуществу или жизни во время расследования.
В настоящий момент в Госдуме формируется рабочая группа по доработке законопроектов, в которую войдут представители Совета Федерации и Госдумы, Росгвардии, МВД, ФАС, а также профильного комитета по безопасности и предпринимательской деятельности Торгово-промышленной палаты (ТПП) РФ.
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