THE INSTITUTE OF PRIVATE DETECTIVES AS AN EXAMPLE OF «DENATIONALISATION» OF THE STATE'S POLICE FUNCTION: THE EXPERIENCE OF THE REPUBLIC OF POLAND

Abstract

The article is devoted to a comprehensive analysis of the Polish experience
in implementing the institute of private detectives as an effective example of
denationalisation of certain police functions of the Polish State and their transfer
to self-governing bodies and subjects to private legal relations at the local level.
Particular emphasis is placed on the fact that the process of denationalisation was
not so much a consequence of the loss of trust in law enforcement agencies on the
part of ordinary Poles as the result of the gradual democratisation of the Polish
State's power, and the adjustment of its law enforcement practices to the
European standards in the field of human and civil rights and freedoms.
Moreover, it is noted that detective activity in the Republic of Poland is recognised
as a quasi-police activity, and therefore the legislator has provided for rather
strict conditions for obtaining a detective's licence.
Furthermore, it is emphasised that private detective activity is typical for
almost all modern European countries, since it is based on the right of citizens of
these countries to protect their constitutional rights. As a result, this type of
activity is enshrined in the national legislation of most EU Member States. At the
same time, the article points out that there are legislative difficulties in this area,
in particular, regarding the limits and conditions for obtaining confidential
information about third parties by detectives without the appropriate consent.
There is a strong emphasis on the fact that in a modern European State, the
legislator is obliged to balance the personal freedom, the right to privacy and the
legal opportunities of a person engaged in private detective activities inherent in
each person.
The author concludes that legal ambiguity does not allow private detectives
to effectively interact with law enforcement agencies. Moreover, in the absence of
proper legal regulation, the professional activities of private detectives may
become the basis for their criminal prosecution.