Publication date: 08.07.2024
Protection of consumer rights when receiving security services
Security services are an important component of the security system in Ukraine. Individuals and organisations use the services of private security companies to protect their rights, property and business. However, sometimes consumers face unfair practices of security companies or non-compliance with contractual terms. In this article, we will consider the main aspects of consumer protection when receiving security services, the legal framework, the procedure for concluding contracts for security services, consumer protection mechanisms and the procedure for appealing against the actions of security companies.
Legal and regulatory framework
The legal regulation of security companies and consumer protection in Ukraine is based on the following key legal acts:
TheLaw of Ukraine On Security Activities:
- This law defines the legal framework for the operation of security companies, establishes licensing requirements for security companies, and regulates the rights and obligations of security guards.
Law of Ukraine "On Protection of Consumer Rights":
- The Law enshrines the fundamental rights of consumers, sets requirements for the quality of services, and defines the procedure for protecting consumers' rights in the event of a violation of their rights.
Civil Code of Ukraine (CCU):
- The CCU regulates contractual relations between consumers and security companies, defines the rights and obligations of the parties, and sets out the mechanisms for consumer protection.
Criminal Code of Ukraine (CCU):
- The CCU provides for liability for crimes related to violation of consumer rights, including fraud, abuse of office and other offences.
Conclusion of a security services contract
The conclusion of a security services agreement is an important stage in the relationship between a consumer and a security company. The contract defines the scope, terms and procedure for the provision of security services, as well as the rights and obligations of the parties.
Subject matter of the contract:
- The contract should clearly define the subject matter of the security services to be provided by the security company. These may include physical security services, property protection, cargo escort, installation and maintenance of security systems, etc.
Parties to the contract:
- The contract shall specify the full details of the parties: the security company and the consumer. If the consumer is a legal entity, its legal form and registration details are also specified.
Obligations of theparties:
- The contract defines the obligations of the security company to provide quality services, comply with security standards, and ensure confidentiality. The consumer undertakes to pay for the services in a timely manner and provide the necessary information for the performance of the contract.
Cost of services and payment procedure:
- The contract specifies the cost of security services, the procedure and terms of payment. It can be a fixed amount, hourly payment or a combination of both. Advance payments or additional costs may also be provided for.
Theterm of the contract:
- The contract defines the term of validity, i.e. the period during which the security company undertakes to provide security services. The term may be fixed (a specific date) or indefinite (until the obligations are fulfilled).
Procedure for termination of the contract:
- Terms of termination may be provided for in case of non-performance or improper performance of obligations by one of the parties, as well as for other reasons. Procedures for notification of termination and settlement of mutual settlements are specified.
Liability of the parties:
- The agreement defines the parties' liability for non-performance or improper performance of obligations. This may include penalties, damages, and compensation for non-pecuniary damage.
Dispute resolution procedure:
- The contract specifies the procedure for resolving disputes that may arise between the parties. This may include mediation, arbitration, or judicial dispute resolution.
Consumer rights when receiving security services
Consumers of security services have the following basic rights under Ukrainian law:
Theright to security services:
- Security services must be provided in compliance with safety standards that guarantee the protection of life, health and property of consumers.
Theright to quality services:
- Consumers have the right to receive quality security services in accordance with the terms of the contract. The security company is obliged to ensure a high level of professionalism and competence of its employees.
Theright to information:
- Consumers have the right to receive complete and accurate information about security services, including their cost, terms and conditions, rights and obligations of the parties.
Theright to compensation for damages:
- In the event of material or moral damage caused by the improper provision of security services, consumers have the right to compensation for damages.
Theright to protect their rights:
- Consumers have the right to protect their rights in case of violation by a security company. They can apply to courts, law enforcement agencies, and human rights organisations to protect their rights.
The procedure for appealing against the actions of security companies
In case of violation of consumer rights by security companies, consumers have the right to appeal against such actions. The appeal procedure includes several stages:
Appealto the management of the security company:
- The first step may be to contact the management of the security company with a request to eliminate the violation. This can help resolve the conflict on the spot without involving external authorities. The request may 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 did not yield 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 power, abuse of office, infliction of bodily harm, etc.), consumers have the right to report the crime to the police. Law enforcement agencies are obliged to investigate and bring the perpetrators to justice.
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