Procedure for execution of security services contracts in Ukraine

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Publication date: 09.07.2024

Procedure for execution of security services contracts in Ukraine
 

Introduction
 

A security services contract is an important document that defines the rights and obligations of the parties in the process of providing security services. It provides the legal basis for interaction between the customer and the security services provider, defines the terms of their cooperation and guarantees the fulfilment of obligations. In this article, we will look at the detailed procedure for security services contracts in Ukraine, including the legal framework, key provisions of the contract, rights and obligations of the parties, and dispute resolution mechanisms.
 

Legal framework
 

The main legal acts governing the execution of security services contracts are:
 

1. TheCivil Code of Ukraine (CCU) - defines the general provisions on the conclusion, performance and termination of contracts.
    
2. TheCommercial Code of Ukraine (CC U) - regulates economic relations between business entities.
    
3. TheLaw of Ukraine "On Security Activities " defines the legal framework for security activities.
    
4. TheLaw of Ukraine "On Licensing of Types of Economic Activity " - regulates the licensing procedure for security activities.
    
5. Other legal acts - regulating specific aspects of security activities.
    

Main provisions of a security services agreement
 

1. Preamble
 

1. Name of the contract: "Security Services Agreement".
    
2. Date and place of conclusion: The date and place of conclusion of the contract shall be indicated.
    
3. Parties to the contract: Full names of the parties, including details of the security company and the customer (individual or legal entity).
    

2. Subject of the contract
 

1. Description of security services: A detailed description of the security services to be provided by the security company, including protection of property, facilities, personal protection, etc.
    
2. Scope ofservices: Definition of the scope of security services, including specific tasks and deadlines.
    

3. Rights and obligations of the parties
 

1. Rights of the security company: The right to receive timely information from the client, the right to pay for services, etc.
    
2. Security company's obligations: The obligation to provide security services of appropriate quality, to maintain confidentiality, to act in the interests of the customer, etc.
    
3. Customer's rights: The right to receive high-quality security services, the right to be informed in a timely manner about the progress of tasks, the right to confidentiality, etc.
    
4. Customer's obligations: The obligation to provide the necessary information and documents in a timely manner, pay for the services of the security company in accordance with the terms of the contract, etc.
    

4. Procedure for providing services
 

1. Schedule of services: Determination of the terms and procedure for the provision of security services.
    
2. Place ofservice provision: Indicates the place where security services will be provided (customer's facility, territory, etc.).
    

5. Cost of services and payment procedure
 

1. Cost calculation: Determination of the cost of security services (fixed amount, hourly rate, etc.).
    
2. Payment terms: Procedure and terms of payment for services (advance payment, phased payment, etc.).
    

6. Responsibilities of the parties
 

1. Responsibility of the security company: Determination of the security company's liability for improper performance of the contract (damages, fines, etc.).
    
2. Client'sliability: Determination of the client's liability for breach of contract (late payment, failure to provide required documents, etc.).
    

7. Term of the contract
 

1. Thebeginning and end of the term: Indicate the start and end dates of the contract.
    
2. Terms ofextension: The procedure for extending the term of the contract, if necessary.
    

8. Procedure for making changes and additions
 

1. Amendmentprocedure: Define the procedure for amending the contract (written agreement, addendum, etc.).
    

9. Force majeure circumstances
 

1. List of force majeure circumstances: Identification of force majeure circumstances that may affect the performance of the contract.
    
2. Force majeure procedure: Determination of the procedure of the parties in case of force majeure.
    

10. Dispute Resolution Procedure
 

1. Pre-trial settlement: The procedure for pre-trial dispute resolution (negotiations, mediation, etc.).
    
2. Court proceedings: Determination of the competent court to resolve disputes.
    

11. Final provisions
 

1. Confidentiality: Conditions for maintaining the confidentiality of information obtained during the provision of security services.
    
2. Other conditions: Additional terms and conditions that have not been reflected in other sections of the contract.
    

The procedure for concluding the contract
 

1. Preparation for the conclusion of the contract
 

1. Consultations with the customer: The security company conducts preliminary consultations with the client to determine their needs and expectations from security services.
    
2. Preparation of a draft contract: Based on the information received, the security company prepares a draft contract, taking into account the specifics of the services and the customer's requirements.
    

2. Negotiating the terms of the contract
 

1. Discussion of terms: The parties negotiate the terms of the contract, including the scope of services, the procedure for their provision, cost and other important issues.
    
2. Making changes: If necessary, the security company makes changes to the draft contract in accordance with the customer's proposals.
    
3. Legal review: The draft contract may be submitted for legal review to verify its compliance with the law.
    

3. Signing the contract
 

1. Execution of signatures: After all the terms and conditions are agreed upon, the contract is signed by both parties. The contract can be signed in person or remotely using an electronic signature.
    
2. Exchange ofcopies: Each party receives its own signed copy of the agreement, which is legally binding.
    

Execution of the contract
 

1. Provision of security services
 

1. Preparation for the provision of services: The security company prepares the necessary resources, including personnel, equipment and other materials.
    
2. Briefing: The Security Company shall brief the personnel on the specifics of the security assignment.
    
3. Provision of services: The security company provides security services in accordance with the terms of the contract and the schedule agreed with the customer.
    

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