Publication date: 08.07.2024
Legal regulation of private security companies
The activities of private security companies are an important component of ensuring security and law and order in Ukraine. Legal regulation of this area is aimed at establishing clear standards, ensuring a professional level of security services and protecting the rights and interests of clients. The main legal act regulating the activities of private security companies is the Law of Ukraine On Security Activities. In addition to this law, there are a number of bylaws and regulations that specify the requirements for security companies and regulate their activities.
Key provisions of the Law of Ukraine "On Security Activities"
The Law of Ukraine "On Security Activities" defines the legal basis, principles and procedure for conducting security activities in Ukraine. The main provisions of this law include:
Definition of terms. The Law defines security activities as activities related to the provision of services on a paid basis for the protection of property of individuals and legal entities, protection of citizens, ensuring public order and other similar services.
Licensing. To carry out security activities, it is necessary to obtain a licence. Licensing of security activities is carried out by the Ministry of Internal Affairs of Ukraine. In order to obtain a licence, security companies must meet a number of requirements, including the availability of qualified personnel, appropriate material and technical facilities and other conditions.
Qualification requirements. The law sets out qualification requirements for security guards, including education, special training, lack of criminal record and medical contraindications to security activities.
Rights and obligations of security companies. The law defines the rights of security companies, including the right to use special technical equipment, use of physical force within the limits set by law, as well as obligations, such as compliance with the law, ensuring a professional level of services, maintaining confidentiality of information, etc.
Control and responsibility. The activities of security companies are subject to control by state authorities, in particular the Ministry of Internal Affairs. The Law also provides for liability for violations of the legislation in the field of security activities, including administrative, civil and criminal liability.
Licensing of security activities
Licensing is a prerequisite for conducting security activities. The licensing process includes several stages:
Preparation of documents. A security company must prepare a package of documents, including an application for a licence, copies of constituent documents, documents confirming the qualifications of its personnel, information on the availability of material and technical facilities, certificates of no criminal record for managers and security guards, etc.
Submission of theapplication. An application for a licence is submitted to the Ministry of Internal Affairs of Ukraine. After submitting the application, the licensing authority checks the submitted documents for compliance with the established requirements.
Verification and decision-making. The Ministry of Internal Affairs checks the documents and, if necessary, may conduct additional checks. Upon completion of the inspection, a decision is made to issue or refuse to issue a licence.
Obtaining a licence. In case of a positive decision, the security company receives a licence to carry out security activities. The licence is issued for a fixed term and may be extended subject to compliance with licensing requirements.
Qualification requirements for personnel
The personnel of security companies must meet a number of qualification requirements set by law. The main requirements include:
Education and training. Security guards must have the appropriate education and undergo special training in educational institutions that are accredited. The training of security guards includes the study of the legal basis of security activities, safety, first aid and other necessary skills.
No criminal record. Security guards and managers of security companies must have no criminal record. This rule is aimed at ensuring trust in security companies on the part of clients and the state.
Medical requirements. Security guards must undergo regular medical examinations to confirm that they have no medical contraindications to perform security activities. This includes checking physical condition, mental health and other medical indicators.
Rights and obligations of security companies
Security firms have a number of rights and obligations defined by law. The main rights of security companies include:
Theright to provide security services. Security firms have the right to provide services for the protection of property of individuals and legal entities, protection of citizens, ensuring public order during mass events, etc.
Use of special technical means. Security firms have the right to use special technical means to ensure security, including video surveillance systems, alarms, communication equipment, etc.
Use ofphysical force. Security guards have the right to use physical force within the limits established by law to protect the life and health of citizens, prevent crimes and offences.
The main responsibilities of security companies include:
Compliance with the law. Security firms are obliged to comply with the current legislation of Ukraine, including legislation on security activities, labour legislation, laws on the protection of the rights and freedoms of citizens.
Ensuring a professional level of services. Security firms must ensure a high professional level of security services, constantly improve the qualifications of personnel and use modern technical means.
Maintainingconfidentiality. Security companies are obliged to keep the information received confidential and not to use it in an illegal manner.
Control and responsibility
The activities of security companies are subject to control by state authorities, in particular the Ministry of Internal Affairs of Ukraine. Control is exercised through inspections, requesting the necessary documents and information, and imposing sanctions in case of violations.
The main types of liability for violations of legislation in the field of security activities include:
Administrative liability. Security companies may be held administratively liable for violation of licensing conditions, non-compliance with qualification requirements, illegal use of special equipment and other violations. This may include fines, confiscation of special equipment, suspension or cancellation of a licence.
Criminal liability. In case of serious offences, such as unlawful use of violence, unlawful deprivation of liberty or harm to the health of citizens, employees of security companies may be held criminally liable.
Civil liability. Security companies may be held civilly liable for damage caused by their activities. This may include compensation for moral and material damages to the victims.
Disciplinary liability. Employees of security companies may be held disciplinarily liable for violations of working conditions and internal company rules. This may include reprimands, demotion or dismissal.
Conclusion.
Legal regulation of the activities of private security companies in Ukraine is an important mechanism for ensuring security and law and order. Legislative regulation of security activities contributes to the efficiency and professionalism of security companies, protection of the rights and freedoms of citizens, as well as to ensuring trust in security services on the part of clients and the state.
Compliance with legal requirements, qualification standards and ethical norms is mandatory for all security companies. The control and supervision of security companies by government agencies, NGOs and the media contributes to a high level of security and law and order in Ukraine.
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