CONTRACT FOR THE PROVISION OF DETECTIVE SERVICES: PROBLEMS OF LEGAL REGULATION

Abstract

Detective services and detective activity are not new concepts for the Ukrainian society, nevertheless legal regulation of this issue was finally formed only now, with the adoption of the new Law of Ukraine «About Private Detective Activities». This law allows legalizing the activities of private detectives, clearly determines their status and requirements, which are put forward to persons who wish to engage in this activity. In addition, the Law determines the list of services that can be provided by a private detective.

At the same time, some issues related to the provision of detective services remain unresolved, and other issues have received ambiguous regulation.

This article analyzes the legal regulation of the contract for the provision of detective services. The new Law contains only the definition of such a contract without mentioning its essential conditions, which may entail difficulties in resolving the issue of concluding such a contract, becouse in certain conditions it can be both civil or economic, which provides for a different composition of essential conditions in compliance with general norms of the law. The article analyzes the scientific views on the terms of the contract for the provision of detective services and proposes the author's position on the definition of a list of essential conditions for such a contract.

In addition, the article analyzes in detail the condition of the subject, examines foreign experience in regulating this issue, as well as certain conflicts of current Ukrainian legislation on this matter.

Also, the author pays attention to the features of the legal status of the contract bodies, raising the issue of ambiguous legal regulation of certain moments of such status.