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other articles of the Constitution. For example, the provision of Article 14 which states that the detective
should not collect data on personal and family life, health, or religious beliefs of persons, unless it is the
basis for divorce or refers to a family member of a client, is based on the provision of Article 25 of the
Constitution, according to which "every citizen is guaranteed the respect and protection of the privacy of his
personal and family life, dignity and reputation." Or, for example, the provision of Article 15 according to
which the detective can collect data and information from the person to whom they relate and the other
person if he agrees to disclose data and information, in addition to a significant extent based on provision of
the preceding paragraph of the Constitution, based also on the provisions of Articles 11, paragraph 1 and 2
and Article 12, paragraphs 1 and 3 of which stems prohibition for gathering data and information by
coercion.
Detective intelligence in Macedonian society is an emerging field in the system of informing citizens.
It is mainly aimed at collecting information for something which constitutes a
private sphere of citizens, their
sphere of strictly private interests in which the family relationships belong. It has the character of service
activity performed by well-educated and trained professionals as individuals or organized in institutions
(agencies) established and specialised to perform detective work. In Macedonian society there are no major
traditions. But the needs of such intelligence are obvious. They, without doubt, will increase by number and
intensify, which opens perspectives for solid engagement for detectives.
In order to determine the facts in litigation, non-litigation, executive, administrative and other
procedural proceedings conducted before the courts, the state administration bodies and institutions with
public authorities, citizens almost regularly propose appropriate proofs. To get to the proofs it should often
have data and information on the proofs that means can be used. To possess these data and information
previously need to be collected them. The collection can be conducted by clients or by detective engaging.
Detective collects only those data and information pertaining to the contractual work with the client – order
giver and, of course, within the autorisations contained in Article 12 of the Law on Detective Activity. For
procedural proceedings in the area of family relations or in connection with them the autorisations of
detectives, it is important to collect data and information for disclosing the identity of a person and his
residence or domicile; for people who are missing or concealed, for writers of anonymous letters, or for
causer of damage; for proofs regarding protection or confirm the authenticity pending before a court, another
state agency, institution, public authority or entity that decides on the individual rights of a client; for stolen
or lost items and to provide proofs in relation to criminal offenses or offenders.
2.
GENERAL OVERVIEW TO THE COLECTION OF DATA FOR PURPOSES OF
PROCEEDINGS RELATED TO FAMILY-LEGAL RELATIONS
Procedural laws (Law on Administrative Procedure, Law on Litigation Procedure, Criminal Procedure
Code, the Law on Non-Litigation procedure, Law on Pursuite) contain provisions that regulate the right of
the clients to review the case file and look for issuing copies of them. Under the Law on Detective Activity,
detectives have the right to inspect the documents in accordance with the above named rights of clients.
Authorized officials of state bodies, institutions and legal entities which are public authorities are obliged to
give the detective the required data contained in documents and evidences which arre not classified as secret.
They are obliged to give to detective secret information about a client for whom the detective works, if the
right belongs to the cleint. In accordance with this law, the most comprehensive regulation is covered by the
provisions of Article 77 of the Law on
Administrative Procedure
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.
Under these provisions, the client has the right to review the case file and at his own expense to
prescribe the necessary documents. Besides the clients, other people who will likely make a legal interest in
it, have the right to review the documents at their own expense and to prescribe separate writings. The right
to review the records can be accomplished by request of the interested client or interested person. The
request may be filed orally or delivered to the person in writing.
The right to use the information gathered by detectives, according to the signed agreement, meaning
their use for the purpose of collecting data and other information relating to the subject matter of the
contract. For example detective concluded an agreement with the client to collect data and information about
the missing person, if he found out that the missing person stayed a few days in a hotel in the city of N, the
data gathered by the staff of the hotel for that person during his residence in the hotel has the right and
obligation to use it in further search for the person.
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Official Gazette of the RM, No. 38/05, 110/08 and 51/11.