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.
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In accordance with my research, after a in foreclosure process home is marketed at an auction, it is common for any borrower to still have a remaining balance on the loan. There are many loan providers who try to have all rates and liens paid off by the future buyer. Even so, depending on certain programs, rules, and state guidelines there may be many loans that aren’t easily handled through the transfer of financial products. Therefore, the obligation still lies on the lender that has had his or her property in foreclosure process. Thank you sharing your notions on this website.
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In these days of austerity and also relative stress and anxiety about running into debt, lots of people balk about the idea of utilizing a credit card to make purchase of merchandise as well as pay for a trip, preferring, instead to rely on the tried along with trusted method of making payment — hard cash. However, if you possess cash there to make the purchase entirely, then, paradoxically, this is the best time for you to use the credit card for several causes.
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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.
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