Legal regulation of private security companies in Ukraine

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Publication date: 09.07.2024

Legal regulation of private security companies in Ukraine
 

Introduction
 

Private security firms play an important role in ensuring the security of individuals, legal entities, facilities and property. Their activities are regulated by legislation that establishes licensing requirements, rights and obligations of security companies, as well as mechanisms for controlling their activities. In this article, we will take a closer look at the legal regulation of private security companies in Ukraine, including the legal framework, licensing procedure, requirements for security companies, their rights and obligations, and liability for violations of the law.
 

Legal framework
 

The main legal acts regulating the activities of private security companies in Ukraine are:
 

1. TheConstitution of Ukraine - guarantees fundamental rights and freedoms of citizens, including the right to defence.
    
2. TheLaw of Ukraine "On Security Activities " - defines the legal framework for security activities.
    
3. TheResolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Licensing Security Activities " - establishes the procedure for licensing security activities.
    
4. TheCriminal Code of Ukraine - provides for liability for illegal actions in the course of security activities.
    
5. Civil Code of Ukraine - regulates civil law relations between security companies and their clients.
    
6. TheLaw of Ukraine "On Personal Data Protection " - sets out the rules for processing and protecting personal data collected by security companies.
    

The procedure for obtaining a security licence
 

Requirements for applicants
 

To obtain a security licence, applicants must meet certain requirements:
 

1. Citizenship: The applicant must be a citizen of Ukraine.
    
2. Legal status: The licence may be issued to legal entities or individual entrepreneurs.
    
3. No criminal record: The applicant and its directors must not have any convictions for grave or especially grave crimes.
    
4. Professional training: Employees of security companies must have appropriate professional training and certificates.
    
5. Compliance of the premises: The premises where security activities will be carried out must comply with the requirements of the legislation on safety and labour protection.
    

Preparation of documents
 

The applicant must collect the following documents for submission to the licensing authorities:
 

1. Application for a licence: Completed in the prescribed form.
    
2. Copies of constituent documents: Charter, certificate of state registration, certificate from the Unified State Register.
    
3. Certificate of no criminal record: A document confirming the absence of criminal convictions of managers and employees.
    
4. Certificates of professional training: Documents confirming the relevant training of employees.
    
5. Certificate ofcompliance of premises: A document confirming the compliance of the premises with the legal requirements.
    
6. Photographs of managers: Two 3x4 cm colour photographs.
    

Medical examination.
 

Managers and employees of security firms must undergo a medical examination, which includes a health check by the following doctors:
 

1. Generalpractitioner: General medical examination.
    
2. Ophthalmologist: Eye examination.
    
3. Neurologist: Checking the state of the nervous system.
    
4. Psychiatrist: Checking for the absence of mental disorders.
    
5. Narcologist: Checking for the absence of drug addiction.
    

Submission of documents
 

After preparing all the necessary documents, the applicant submits them to the relevant licensing authority - usually the State Regulatory Service of Ukraine or another authorised body.
 

1. Verification of documents: After submitting the documents, they are checked for compliance with the requirements of the law.
    
2. Appointment of the inspection: The licensing authority schedules an inspection of the premises and the professional training of employees.
    

Conducting inspections
 

The licensing authority conducts inspections to ensure compliance with the requirements of the legislation on security activities.
 

1. Inspection ofpremises: The inspection checks the compliance of the premises with the safety and health requirements.
    
2. Inspection ofdocuments: Constituent documents, certificates of professional training, certificates of no criminal record and medical certificates are checked.
    
3. Interview: If necessary, an interview with the company's managers may be held to further verify knowledge and compliance with the requirements.
    

Issuance of the licence
 

After successful completion of all stages of the inspection, a decision is made to issue a security licence.
 

1. Issuance of thelicence: The licence is issued to the applicant in accordance with the established procedure.
    
2. Licence validity period: A licence is issued for a certain period of time, after which it must be renewed.
    

Rights and obligations of private security companies
 

Rights of security companies
 

1. Provision of security services: Security companies have the right to provide security services on the basis of contracts with clients.
    
2. Use of technical means: Security firms have the right to use technical means to ensure the safety of objects and persons.
    
3. Cooperation with law enforcement agencies: Security companies may cooperate with law enforcement agencies within the scope of their authority.
    

Responsibilities of security companies
 

1. Compliance with the law: Security companies are obliged to comply with the laws of Ukraine in their activities.
    
2. Protection of citizens' rights and freedoms: Security companies must act within the law and not violate the rights and freedoms of citizens.
    
3. Documentation of activities: Security firms must keep records of their activities and provide reports to clients on the performance of tasks.
    

Liability for violation of the terms and conditions of security activities
 

Administrative liability
 

Administrative liability is incurred for violations of the rules of security activities established by law. The main types of violations and corresponding sanctions include:
 

1. Violation of theprocedure for conducting security activities:
   
   • Article 164 of the Code of Administrative Offences: Violation of the procedure for providing security services to citizens, facilities and property. Sanctions: a fine of UAH 1,700 to 3,400 with confiscation of the items that were used as a means of committing the offence.
      
2. Violation of the conditions of storage of weapons and special equipment:
   
   • Article 190 of the Code of Administrative Offences: Violation of the rules for the circulation of weapons and special equipment. Sanctions: a fine of UAH 170 to 510 with confiscation of the items,
      
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