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LAW OF THE KYRGYZ REPUBLIC

of July 1, 1996 No. 35

About private detective and security activities in the Kyrgyz Republic

(as amended on 08-07-2019)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on June 7, 1996

Section I. General provisions

Article 1. Private detective activities

Private detective activities are determined by this Law as rendering on paid contractual basis of services to physical persons and legal entities by private detectives for the purpose of protection of legitimate rights and interests of clients.

Does not extend to the citizens performing private detective activities, operation of the laws fixing legal status of employees of law enforcement agencies.

The citizens who are engaged in the private detective activities having no right to perform any operational search actions, carried by the law to exclusive competence of bodies of inquiry.

Article 2. Legal basis of private detective activities
Article 3. Types of private detective and security activities

Private detective activities are performed for investigation.

For the purpose of investigation provision of the following types of service is allowed:

1) collection of data on civil cases on contractual basis with participants of process;

2) market research, information collection for business negotiations, identification of insolvent or unreliable business partners;

3) establishment of circumstances of unauthorized use in business activity of logos and names, unfair competition, and also disclosure of the data which are trade secret;

4) clarification of the biographic and characterizing the personality other data on certain citizens (from their written consent) in case of the conclusion them labor and other contracts;

5) search of missing citizens;

6) search of the property lost by citizens or the companies, organizations, the organizations;

7) collection of data on criminal cases on contractual basis with participants of process. During the day from the moment of the conclusion of the contract with the client for collection of such data the private detective shall notify in writing about it person making inquiry, the investigator, the prosecutor or court in whose production there is criminal case.

For the purpose of protection provision of the following types of service is allowed:

1) protection of life and health of citizens;

2) protection of property of owners, including in case of its transportation;

3) designing, installation and operational servicing of means of the security fire alarm;

4) consultation of clients and preparation of recommendations for them concerning lawful protection against illegal encroachments;

5) providing procedure in venues of mass actions.

The companies performing private detective and security activities are granted the right to assist law enforcement agencies in providing law and order, including on contractual basis.

The physical persons and legal entities which do not have legal status of the private detective, the private detective enterprise or consolidation, the private security company or security and detective division are forbidden to render the services listed in this Article.

Section II. Private detective (detective) activities

Article 4. Private detective

The private detective the citizen of the Kyrgyz Republic who is carrying out the services listed in part two of article 3 of this Law is recognized.

Detective activities shall be main type of employment of the private detective, its combination with public service or with elective paid office in public associations is not allowed.

The citizen has no right to be engaged in private detective activities:

1) the length of service which does not have legal education or not had special training for work as the private detective or having in operational or investigative divisions less than three years;

2) staying on the registry in bodies of health care concerning mental disease, alcoholism or drug addiction;

3) having criminal record irrespective of this criminal record is extinguished or removed.

The citizen applying for occupation private detective activities shall undergo state registration as the individual entrepreneur according to the procedure, established by the tax legislation of the Kyrgyz Republic.

Article 4-1. Private detective enterprise

Private detectives can create the private detective enterprises having the status of the legal entity. The mandatory requirement for their heads is availability of the higher legal education, length of service at least three years in operational or investigative divisions of law enforcement agencies. The list of categories of heads is established by the Government of the Kyrgyz Republic.

Person having criminal record irrespective of this criminal record cannot be extinguished or removed by the head of the private detective enterprise.

Article 5. Rights and actions of private detectives and private detective enterprises

During private detective activities private detectives and their companies have the right:

- obtain on their request information and copies of documents from the companies, the organizations irrespective of pattern of ownership;

- inquire on the concerning questions;

- study objects and documents (from written consent of their owners);

- carry out oral survey of citizens, officials (from their consent);

- inspect with the consent of the owner or his representative the territory of the building and room;

- request for explanation of the questions requiring special knowledge, opinion of specialists;

- detain and to bring without delay to bodies of the Ministry of Internal Affairs of persons encroaching on the rights and legitimate interests of citizens and the organizations;

When implementing private detective activities use of video and audio recording, film and photographings, the technical and other means which are not doing harm of life and to health of citizens and the environment and also means of operative radiotelephone communication is allowed.

In case of need rendering by private detectives the services integrated to danger to their life and health use of special means, types, procedure for acquisition which accounting, storages and carrying are established by the Government of the Kyrgyz Republic is allowed to them.

The part four of Article 5 voided according to the Law of the Kyrgyz Republic of 31.12.2014 No. 180

 The part five of Article 5 voided according to the Law of the Kyrgyz Republic of 31.12.2014 No. 180

Article 6. Obligations of private detectives and private detective enterprises

Private detectives and the private detective enterprises shall:

- to strictly observe the Constitution of the Kyrgyz Republic, this Law and other regulations regulating their activities;

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