Kazakhstan develops detective agencies

    By Olga Ageyeva
    An expected law could accelerate the formation of the slowly emerging private detective industry in Kazakhstan.
    The lower parliamentary chamber's committee on international affairs, defense and national security is working on a bill that would regulate detective agencies and security guard services.
    Legislators want the law to target a specific service – the collection of information, physical evidence and documents for civil cases.
    Lawmakers have devoted more than 10 years to formulating the law. They began in 2003 after another law on private security guards and private detective agencies took effect. This one would expand upon the 2003 law, defining parameters for such businesses.
    
    More rights, responsibilities
    Lawmakers want to enable investigators to search for missing persons and stolen or lost property, for example, Serik Abdrakhmanov, chairman of the committee on international affairs, defense and national security, said.
    "In addition to that, private investigators will be allowed to take part in criminal trials, on the condition they notify the police investigator, prosecutor or court with jurisdiction over the case," Abdrakhmanov said. "Private detectives will need a license to operate."
    Besides conferring more rights on investigators, the new law is expected to give them more responsibilities.
    Authorities should examine the way private detectives and detective agencies work, MP Rakhmet Mukashev, chairman of the lower-chamber committee for judicial and legal reform, said.
    "In the amendments we also provide for administrative and criminal liability in cases where detectives abuse their rights," he added.
    
    A fledgling industry, ready to grow
    Because so few rules govern the industry and so few legal protections exist for detectives, few people have pursued the career. Only about five detectives work in Almaty and one in Astana, with the business practically unknown in the provinces.
    Ramil Ayupov, who retired from the Astana police department three years ago and wants to find related work, supports the bill.
    "I think that passing this law will help me find work, since there will be certain companies that will open and need employees," Ayupov said.
    While the new law could facilitate the creation of more detective agencies, some call that prospect a double-edged sword.
    "The situation is similar to that of real estate agencies in Kazakhstan," Arsen Jukushev, a detective from Almaty, said.
    "There were only a couple of them 10 years ago, but after parliament passed a law regulating them, hundreds of them sprang up."
    But Almaty resident Dmitry Barinov wonders about retaining the level of professional integrity.
    "Such an eruption of paid private eyes could harm the quality of police work," he said. "Police investigators are completely capable of 'slacking off' if people begin to hire their own detectives. That [possibility] worries me."
    Jukushev said that could be a legitimate concern, especially in the beginning.
    "But the quality of the service will sort things out, since the market will be flooded with newcomers and amateurs," he said, adding that success in the industry is reliant upon having a reputation for being able to do the job well.
    Olga Pinchuk, a spokeswoman for the Almaty-based Biznes ROST and a firm registration specialist who helps budding entrepreneurs start businesses, said government regulation could ultimately help ensure that qualified people work in the field.
    "Right now, until the law goes into effect, anyone, even if he or she doesn't have a law degree or police-detective experience, can open a detective agency," Pinchuk said.
    A better definition of responsibilities would hold agencies more accountable in the end, she said.
    
    How the law will help
    Jukushev said he hopes that the law includes guidelines so detectives can better do their jobs. He cited current restrictions that hinder the profession now.
    "We cannot install bugs in apartments or wiretap phones, we may not make transcripts of phone calls and so on," he said.
    "I support the new law," Jukushev said. "The most important thing is to write [guidelines] up professionally."
    The industry, meanwhile, has potential to blossom, since it can be lucrative, Pinchuk said.
    "Rates for this kind of service in Kazakhstan are such – following someone for a day is about $200 (36,444 KZT), while collecting information on an individual costs about $1,000 (182,219 KZT)," Pinchuk said. "Information on companies and on their activities costs many times more,” according to Central Asia Online.