Publication date: 08.07.2024
The procedure for appealing against the actions of private security guards
In modern society, private security activities play an important role in ensuring the safety of citizens and protecting property. Private security guards often become the first line of defence in various situations, from protecting private property to ensuring public order at public events. However, like any other professional activity, security activities may be accompanied by cases of misconduct on the part of the guards. In such cases, citizens have the right to appeal against such actions. In this article, we will consider the main aspects of the procedure for appealing against the actions of private security guards in Ukraine, the legal grounds, the complaint procedure and possible consequences for violators.
Legal framework
The legal regulation of private security guards in Ukraine is based on a number of legal acts, including:
TheLaw of Ukraine "On Security Activities":
- This law regulates the legal framework for the operation of security companies, defines the rights and obligations of private security guards, and establishes licensing requirements for security companies.
Criminal Code of Ukraine (CCU):
- The CCU provides for liability for crimes related to abuse of power, abuse of authority and other misconduct that may be committed by private security guards.
TheCivil Code of Ukraine (CCU):
- The CCU regulates compensation for material and non-pecuniary damage caused by the misconduct of private security guards.
Code of Administrative Offences (CAO):
- The CUAO provides for administrative liability for violations of citizens' rights by private security guards.
Grounds for appealing against the actions of private security guards
Citizens have the right to appeal against the actions of private security guards if they believe that their rights have been violated. The grounds for appeal may include:
Excess ofauthority:
- Security guards may exceed their authority by resorting to the unlawful use of force, unlawful detention or search of citizens.
Violation of citizens' rights and freedoms:
- This may include interference with privacy, restriction of freedom of movement, violation of the right to property, etc.
Causingmaterial or moral damage:
- The misconduct of security guards can lead to material damage (damage to property, illegal seizure of things) or moral damage (humiliation, mental stress).
Failure to complywith professional ethics and standards:
- Security guards are obliged to adhere to professional ethics, act within the law and prevent abuse of their position.
Procedure for appealing against the actions of private security guards
The procedure for appealing against the actions of private security guards includes several stages:
Appealto the management of the security company:
- The first step may be to contact the management of the security company providing the services. This can help resolve the conflict on the spot without involving external authorities. The appeal can be submitted in writing, indicating the circumstances of the incident.
Filing acomplaint with the licensing authorities:
- If the appeal to the management of the security company has not yielded any results, the next step is to file a complaint with the authority that issued the security licence. In Ukraine, this is the Ministry of Internal Affairs (MIA). The complaint should contain a detailed description of the incident, evidence (photographs, videos, testimonies) and requirements for resolving the situation.
Appeal to law enforcement agencies:
- If the actions of security guards bear signs of a criminal offence (abuse of authority, abuse of office, infliction of bodily harm, etc.), citizens have the right to report the crime to the police. Law enforcement agencies are obliged to investigate and bring the perpetrators to justice.
Filing alawsuit:
- In the event of material or moral damage, citizens have the right to file a lawsuit for damages. The court examines evidence, hears witnesses and decides on compensation.
Appeal to human rights organisations:
- Citizens can also contact human rights organisations that provide assistance in cases of human rights violations. Such organisations can provide legal advice, help with drafting complaints and appeals, and represent victims in court.
Documents required for appeal
When appealing against the actions of private security guards, it is important to collect and submit the following documents:
Anapplication or complaint:
- An official document that sets out the circumstances of the incident, the rights that were violated, and the requirements for resolving the situation.
Identificationdocuments:
- A copy of the complainant's passport or other document proving their identity.
Evidence:
- Photographs, videos, audio recordings, witness statements, medical certificates of bodily injuries, reports of examination of damaged property, etc.
Contracts or other documents confirming the legal relationship with the security company:
- If the applicant is a client of a security company, it is important to provide copies of security service agreements, payment receipts, etc.
Liability of private security guards
For violations of the rights of citizens, private security guards may be held administratively, civilly or criminally liable, depending on the nature of the violations:
Administrative liability:
- Provided for minor offences, such as violation of the rules for the provision of security services, failure to comply with ethical standards, and unauthorised wearing of special equipment. Sanctions may include fines, warnings, and revocation of licences.
Civil liability:
- Occurs in case of material or moral damage. Citizens may seek compensation for damages through the courts. Liability may include compensation for material damage (cost of damaged property, medical expenses) and moral damage (humiliation, mental stress).
Criminal liability:
- Provided for more serious offences, such as abuse of power, abuse of office, infliction of bodily harm, and unlawful imprisonment. Sanctions may include fines, imprisonment, and deprivation of the right to engage in security activities.
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