Publication date: 08.07.2024
Liability for violation of security activities
Introduction
Security activities are an important element of the system of ensuring the safety of citizens and businesses. The legal regulation of security activities in Ukraine establishes clear requirements for the subjects of these activities and provides for liability for their violation. In this article, we will consider the main aspects of liability for violation of security services, the legal framework, types of liability and examples of specific violations.
Legal framework
Liability for violation of the terms and conditions of security activities in Ukraine is regulated by the following key legal acts:
- TheConstitution of Ukraine guarantees the right to security of every citizen.
- TheLaw of Ukraine "On Security Activities " is the main law regulating the procedure for conducting security activities and liability for violation of its terms.
- TheLaw of Ukraine "On Licensing of Economic Activities " - establishes general provisions for licensing of economic activities, including security activities.
- Criminal Code of Ukraine - provides for criminal liability for crimes related to security activities.
- Code of Ukraine on Administrative Offences ( CUAO) - regulates administrative liability for violation of the terms and conditions of security activities.
- Other legal acts - regulates certain aspects of liability for breach of security services.
Types of liability for violation of security activities
1. Administrative liability
Administrative liability is applied for violations that do not pose a great public danger, but require the imposition of sanctions to ensure compliance with the law.
- Fines: The most common form of administrative liability. Fines can be imposed for violations such as not having a licence, not complying with the terms of the licence, improper storage of weapons and other violations.
- Confiscation: May be applied as an additional penalty in cases of gross violations, such as confiscation of misused equipment or weapons.
- Revocationof licence: In the case of serious or repeated violations, a security company may be deprived of its security licence.
2. Criminal liability
Criminal liability is applied for offences related to security activities that pose a great public danger.
- Imprisonment: For serious offences related to security activities, imprisonment may be imposed.
- Correctional labour: For less serious offences, correctional labour may be imposed.
- Fines: In addition to imprisonment and correctional labour, criminal fines may be imposed for security-related offences.
3. Civil liability
Civil liability applies in cases where a breach of the security services regulations has caused damage to clients or third parties.
- Compensation for damages: Security companies may be obliged to compensate for material damage caused to clients or third parties as a result of breaches of the security services contract.
- Compensation for non-pecuniary damage: In some cases, security companies may be obliged to compensate for non-pecuniary damage caused to clients or third parties.
Examples of violations of security services
1. Lack of a licence
Operating a security company without a proper licence is a violation of the law. This violation may result in an administrative fine and suspension of the company's activities until a licence is obtained.
2. Failure to comply with the terms of the licence
Companies that hold a security licence must comply with all the conditions set out in the licence. Failure to comply with these conditions may result in administrative liability, including fines and revocation of the licence.
3. Improper storage of weapons
Storage of weapons in violation of the law is a serious violation that may result in administrative or criminal liability, including confiscation of weapons and fines.
4. Violation of customer rights
Improper performance of security services resulting in damage to clients or third parties may result in civil liability. The Company may be obliged to compensate for the damages caused and compensate for non-pecuniary damage.
5. Excess of authority
Abuse of authority by security guards, including the use of force without legal grounds, may result in criminal liability, including imprisonment and correctional labour.
Procedure for bringing to justice
1. Detection of a violation
Violations of the security services contract may be detected during inspections conducted by the competent authorities or upon complaints from clients or third parties.
2. Conducting an investigation
After detecting a violation, the competent authorities conduct an investigation to establish the circumstances of the violation and collect evidence.
3. Drawing up a report
Based on the results of the investigation, a protocol on an administrative offence or an indictment in a criminal case is drawn up. The protocol or indictment is submitted to the court for consideration.
4. Court proceedings
The court hearing includes hearing the parties, examining the evidence, and deciding on prosecution and sentencing.
5. Execution of the court decision
After the court decision is made, the offender is obliged to execute the sentence, including paying a fine, compensation for damages, or serving a sentence of imprisonment or correctional labour.
Practical advice for security companies
1. Compliance with the law
In order to avoid liability for violations of the terms and conditions of security activities, it is important to comply with all legal requirements and licence conditions. Regularly check the relevance of regulations and changes in legislation.
2. Staff development
Provide regular training and professional development for your staff. This will help to avoid violations and ensure the high quality of security services.
3. Internal control
Exercise internal control over compliance with the terms of the licence and legal requirements in your company. This may include internal audits, staff training, and other measures to ensure the quality of services.
4. Cooperation with the competent authorities
Cooperate with the competent authorities to ensure compliance with the law and the terms of the licence. This may include providing the necessary information and documents, participating in inspections and implementing recommendations.
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