В России узаконят статус телохранителя и частного сыщика

В России узаконят статус телохранителя и частного сыщика

Госдума РФ  формирует рабочую группу по подготовке новых законопроектов о частной охранной и детективной деятельности при участии представителей Торгово-промышленной палаты РФ, ФАС, Росгвардии и МВД, сообщают  «Известия».По словам  зампреда комитета по безопасности и противодействию коррупции Госдумы Анатолия Выборного, сегодня  телохранители работают вне правового поля: закон позволяет им охранять только имущество, но не граждан, а детективы не могут защитить информацию о клиентах. Депутат  пояснил, что действующий закон «О частной охранной и детективной деятельности» был принят еще в 1992г. и с тех пор «безнадежно устарел, это признают и власть, и бизнес».

Телохранители

Согласно законопроекту «О частной охранной деятельности», получить статус телохранителя сможет только человек, проработавший в оперативных или следственных подразделениях не менее трех лет и прошедший специальную подготовку.

«Фактически мы легализуем профессию телохранителя. В России существует и действует рынок личной охраны, но вне правового поля их права и обязанности никак не регулируются», — сообщил Анатолий Выборный.

По разным оценкам, на рынке сейчас работает от 2,5 тыс. до 10 тыс. телохранителей. Договор с ними заключается только на охрану имущества, охранять жизнь человека они не имеют права. Новый законопроект дает телохранителям право на ношение и применение специальных средств и огнестрельного оружия, возможность задержать человека, посягнувшего на жизнь или здоровье охраняемого лица или на жизнь самого телохранителя, а также право «причинить вред» нападавшему «в пределах, установленных законодательством».

Для представителей профессии предусмотрена специальная подготовка, типовые программы обучения и процедура независимой оценки квалификации, которые должно разработать Минобразования по согласованию с МВД.

«С принятием закона должны появиться профессиональные гарантии и компенсации для телохранителей. Сейчас их просто нет», — отметил президент Национальной ассоциации телохранителей Дмитрий Фонарев.

Руководитель группы компаний безопасности «Витязь» Денис Гомонов подчеркнул, что телохранители — это отдельная «каста», профессионалы высокого класса.

«Сейчас мы даже не можем заключить договор на оказание услуг, а телохранитель имеет право применять силу или оружие только в случае, если оказывается непосредственно между угрозой и охраняемым имуществом, и таким образом появляется угроза непосредственно его жизни и здоровью», — пояснил он.

Детективы

Проект закона «О частной детективной деятельности» дает возможность детективам запрашивать документы у органов власти, которые будут обязаны их предоставить. В рамках расследования детектив сможет встречаться с подозреваемым или обвиняемым по уголовному делу по разрешению следователя. 

Отдельная статья определяет понятие «детективная тайна». Под ней понимаются любые сведения, связанные с оказанием услуг заказчику, разглашать их запрещено. Детектив будет обязан страховать риск ответственности за нарушение договора, а также за причинение вреда жизни, здоровью или имуществу во время расследования.

По официальным данным, сейчас в России действует около 1 тыс. лицензий на осуществление детективной деятельности, напомнил президент Ассоциации профессионалов сыска Сергей Любименко.

«На сегодня часть отрасли действует нелегально: в качестве детективов работают люди, не имеющие ни лицензии, ни соответствующего опыта. Сейчас закон не устанавливает такого понятия, как детективная тайна, и при определенных условиях детектив будет обязан раскрыть детали договора. Даже такого, где есть статья о неразглашении», — подчеркнул он.

В частности, при совершении безналичной оплаты за услуги Росфинмониторинг или банк, через который проводится платеж, могут посчитать переведенную сумму слишком большой (оплата услуг детективных агентств может достигать нескольких миллионов рублей) и заблокировать ее, после чего обязать раскрыть информацию о платеже, в том числе данные договора с полным описанием услуг. Таким образом, третье лицо получает доступ к конфиденциальной информации о клиенте.

Частные охранники

Законопроект дает возможность привлекать частные охранные предприятия (ЧОПы) к охране объектов в условиях чрезвычайного положения или военного времени. Правоохранительные органы привлекают их и сейчас, однако законодательством эта возможность не отрегулирована.

«Сейчас проводится большая работа по формированию негосударственной системы обеспечения национальной безопасности, по включению ЧОПов в систему территориальной обороны в условиях чрезвычайных ситуаций. А для этого нужны крупные, дисциплинированные и обученные ЧОПы», — отметил Анатолий Выборный, добавив, что в случае получения травм на службе для охранников могут быть предусмотрены компенсации за счет государства.

Сейчас частной охране не разрешен субподряд и осуществление сопутствующих видов деятельности без дополнительного лицензирования, напомнил глава «Федерального координационного центра руководителей охранных структур» Александр Козлов. Речь, например, о работе стюарда по обеспечению общественного порядка на трибунах во время спортивных соревнований, профайлинге (наружный осмотр), видеонаблюдении. Кроме того, крупным ЧОПам необходима возможность создавать филиалы в других городах. Сейчас закон этого не разрешает.

Советник главы Росгвардии Александр Хинштейн подтвердил изданию, что экспертное сообщество предварительно обсуждало с ведомством свои предложения, однако комментировать идеи самой Росгвардии не стал. Специалисты ведомства, по словам Хинштейна, готовы участвовать в работе в случае официального приглашения. Он пояснил, что сейчас отдельно обсуждается вопрос о передаче полномочий по контролю и надзору за детективами от МВД к Росгвардии.

«На сегодня Росгвардия является уполномоченным органом в сфере частной охранной деятельности, а детективы остались в ведении МВД, причем были отнесены к уголовному розыску», — сказал Александр Хинштейн.

По его словам, исторически надзор за детективами осуществляли лицензионно-разрешительные подразделения, которые из МВД перешли в Росгвардию и сегодня оказывают содействие в этой работе коллегам из полиции.

 

   

Источник: zakonia.ru

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Another thing I’ve really noticed is that often for many people, below-average credit is the reaction to circumstances above their control. For example they may happen to be saddled through an illness so they have excessive bills for collections. It would be due to a work loss or perhaps the inability to work. Sometimes breakup can truly send the financial situation in a downward direction. Thank you for sharing your thinking on this blog site.

Hello would you mind sharing which blog platform you’re working with? I’m going to start my own blog in the near future but I’m having a hard time deciding between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something completely unique. P.S Apologies for being off-topic but I had to ask!

Hey! Quick question that’s entirely off topic. Do you know how to make your site mobile friendly? My website looks weird when browsing from my iphone4. I’m trying to find a theme or plugin that might be able to correct this issue. If you have any suggestions, please share. Cheers!

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Thanks for your post. Another point is that being photographer consists of not only difficulties in capturing award-winning photographs but hardships in acquiring the best dslr camera suited to your requirements and most especially struggles in maintaining the quality of your camera. This can be very genuine and evident for those photographers that are in to capturing the nature’s engaging scenes : the mountains, the actual forests, the wild or the seas. Going to these daring places certainly requires a camera that can live up to the wild’s tough areas.

Hello there! I know this is kinda off topic but I’d figured I’d ask. Would you be interested in trading links or maybe guest authoring a blog article or vice-versa? My site goes over a lot of the same topics as yours and I think we could greatly benefit from each other. If you happen to be interested feel free to send me an email. I look forward to hearing from you! Awesome blog by the way!

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Thanks alot : ) for your post. I would really like to say that the expense of car insurance differs from one insurance plan to another, for the reason that there are so many different facets which contribute to the overall cost. As an example, the brand name of the car or truck will have a large bearing on the price. A reliable older family auto will have a lower priced premium compared to a flashy performance car.

I was wondering if you ever considered changing the structure of your blog? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having 1 or 2 pictures. Maybe you could space it out better?

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Thanks for your advice on this blog. One particular thing I would wish to say is the fact that purchasing electronic devices items in the Internet is certainly not new. In truth, in the past few years alone, the market for online electronic products has grown a great deal. Today, you will discover practically any specific electronic unit and tools on the Internet, from cameras and camcorders to computer parts and gaming consoles.

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You could certainly see your expertise in the work you write. The world hopes for more passionate writers such as you who aren’t afraid to mention how they believe. All the time go after your heart.

Good article. It is quite unfortunate that over the last decade, the travel industry has already been able to to tackle terrorism, SARS, tsunamis, flu virus, swine flu, plus the first ever true global downturn. Through all of it the industry has proven to be powerful, resilient and dynamic, locating new solutions to deal with difficulty. There are continually fresh difficulties and the possiblility to which the market must once more adapt and react.

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I really like your blog.. very nice colors & theme. Did you create this website yourself or did you hire someone to do it for you? Plz reply as I’m looking to construct my own blog and would like to find out where u got this from. cheers

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I would love to add when you do not surely have an insurance policy or maybe you do not take part in any group insurance, you could well benefit from seeking aid from a health insurance agent. Self-employed or people who have medical conditions typically seek the help of any health insurance brokerage service. Thanks for your short article.

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