Publication date: 08.07.2024
Protection of consumer rights when receiving security services
Security services play an important role in ensuring the safety of property and citizens. Ukraine has an extensive legal framework regulating the activities of security companies and protecting the rights of consumers of such services. The main legal act regulating consumer protection is the Law of Ukraine "On Protection of Consumer Rights". The Law of Ukraine "On Security Activities" also plays an important role in regulating security activities. In this article, we will consider the key aspects of consumer protection when receiving security services.
Main provisions of the Law of Ukraine "On Protection of Consumer Rights"
The Law of Ukraine "On Protection of Consumer Rights" establishes the rights of consumers, the obligations of manufacturers, performers and sellers, and defines the mechanisms for protecting consumer rights. The main consumer rights enshrined in the law include:
Theright to quality of services. Consumers have the right to have security services provided in accordance with the terms of the contract and legal requirements, be safe for their life and health, and meet established quality standards.
Theright to information. Consumers have the right to receive complete, accurate and timely information about security services, including information about the service provider, terms of service, their cost, and possible risks.
Theright to security. Security services should not cause harm to the life, health and property of consumers. Service providers are obliged to ensure the safety of consumers when providing security services.
Theright to compensation for damages. In case of breach of contract or provision of low-quality services, consumers have the right to claim damages, including moral and material damage.
Theright to protect rights and legitimate interests. Consumers have the right to apply to courts, state authorities and public organisations to protect their rights and legitimate interests in case of violation of their rights.
Security services contracts: basic requirements
Security services contracts are a key document that defines the rights and obligations of the parties. The main requirements for such agreements include:
Written form. Security services contracts should be in writing. This ensures legal certainty and consumer protection.
Aclear definition of the subject matter of the contract. The contract should describe in detail the subject matter of the contract, i.e. the specific security services to be provided. This may include facility security, personal protection, patrolling, installation and maintenance of security systems, etc.
Requirements to the quality of services. The contract must contain requirements for the quality of security services that meet the established standards and conditions of the law.
Cost of services and payment procedure. The contract should clearly define the cost of security services, the procedure and terms of payment. This includes possible conditions for revising the cost of services.
Liability of the parties. The contract must contain provisions on liability for non-performance or improper performance of obligations, including penalties, damages, etc.
Theterm of the agreement. The contract should specify the term of its validity, the procedure for extending or terminating the contract, as well as the terms of termination of the contract at the initiative of one of the parties.
Dispute resolution procedure. The contract should set out the procedure for resolving disputes that may arise in the course of the contract, including the possibility of pre-trial settlement of disputes and the jurisdiction of the courts.
Consumer protection mechanisms
Consumer protection in the provision of security services is ensured through several main mechanisms:
Contacting theservice provider. In the event of problems or claims, the consumer has the right to contact the service provider to request the elimination of deficiencies, provision of information or compensation for damages.
Appealto consumer protection authorities. Consumers may contact the State Service of Ukraine for Food Safety and Consumer Protection or other relevant authorities to protect their rights.
Judicialprotection. In case of violation of rights, consumers have the right to apply to the court to protect their rights and legitimate interests, including a claim for compensation for moral and material damage.
Public organisations. Consumers can turn to non-governmental organisations involved in consumer protection for advice and legal assistance.
Mediation and pre-trial settlement. Consumers and service providers can use mediation or other pre-trial dispute resolution methods to reach a mutually beneficial solution without going to court.
Responsibilities of security service providers
Security companies and security service providers have a number of responsibilities to ensure consumer rights:
Provision of quality services. Contractors are obliged to provide security services that comply with the terms of the contract, established standards and legal requirements.
Informing consumers. Contractors are obliged to provide consumers with complete and accurate information about security services, terms of their provision, cost and possible risks.
Ensuring security. Contractors are obliged to ensure the safety of consumers when providing security services, avoid actions that may harm the life, health and property of consumers.
Maintainingconfidentiality. The Contractors are obliged to keep the information received from consumers confidential and not to use it in an illegal manner.
Compensation for damages. In case of violation of the terms of the contract or the provision of poor quality services, the contractors are obliged to compensate consumers for losses, including moral and material damage.
Liability for violation of consumer rights
Violation of consumer rights when receiving security services may result in various types of liability for security companies and service providers:
Administrative liability. Security firms may be held administratively liable for violating licensing conditions, providing poor quality services or violating consumer rights, which may result in fines and other sanctions.
Civil liability. In the event of a breach of contract resulting in material or non-pecuniary damage, the consumer has the right to seek damages in civil court.
Criminal liability. In the case of serious offences, such as the unlawful use of force.
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