Protection of consumer rights when receiving security services in Ukraine

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Publication date: 09.07.2024

Protection of consumer rights when receiving security services in Ukraine
 

Introduction
 

Security services are an important element of ensuring the security of citizens and businesses in Ukraine. Consumers of security services, whether individuals or legal entities, have the right to receive high-quality and reliable services that meet established standards. Consumer protection in the provision of security services is regulated by a number of legal acts that provide legal guarantees and protection mechanisms. In this article, we will look at the main aspects of legal regulation of consumer protection, the rights and obligations of consumers and security companies, as well as dispute resolution mechanisms.
 

Legal framework
 

The main legal acts regulating consumer protection in the provision of security services in Ukraine are:
 

1. TheLaw of Ukraine "On Protection of Consumer Rights " - defines consumer rights, mechanisms for their protection and liability for violation of these rights.
    
2. TheLaw of Ukraine "On Security Activities " - defines the legal basis for security activities, rights and obligations of security companies.
    
3. Civil Code of Ukraine (CCU) - regulates general civil law relations between consumers and service providers.
    
4. Commercial Code of Ukraine (CC U) - regulates commercial relations between business entities.
    
5. TheLaw of Ukraine "On Licensing of Economic Activities " - regulates the licensing of security activities.
    
6. Other laws and regulations - regulates specific aspects of security activities and consumer protection.
    

Rights of consumers of security services
 

1. Right to information
 

1. Access to information: Consumers have the right to receive complete and accurate information about security services, including information about the security company, the list of services, terms and conditions of provision and cost.
    
2. Risk communication: Security companies are obliged to inform consumers about the possible risks associated with the provision of security services and security measures.
    

2. Right to quality services
 

1. Adequatequality: Security services must be provided at a high professional level and meet established quality standards.
    
2. Performance of the contract: Security companies are obliged to fulfil the terms and conditions of the security services contract in full and within the agreed timeframe.
    

3. Right to security
 

1. Ensuring security: Security services should ensure the safety of consumers and their property, including the prevention of possible threats and incidents.
    
2. Use of safe equipment: Security companies are required to use certified and technically sound equipment that meets safety requirements.
    

4. Right to compensation
 

1. Compensation fordamages: In the event of improper provision of security services resulting in losses, consumers have the right to compensation for material and non-pecuniary damages.
    
2. Compensation for poor quality services: Consumers are entitled to compensation in the event of poor quality security services.
    

Security companies' obligations to consumers
 

1. Providing complete and accurate information
 

1. Information transparency: Security companies are obliged to provide consumers with complete and accurate information about their security services, including licences, certificates, experience and customer feedback.
    
2. Informing about changes: In the event of changes in the terms and conditions of security services, a security company is obliged to inform consumers of these changes in advance.
    

2. Fulfilment of contractual obligations
 

1. Compliance with theterms of the contract: Security companies are obliged to comply with the terms of the contract for the provision of security services, including the timing, scope and quality of services.
    
2. Proper performance of services: Security companies should provide security services at a high professional level, ensuring the safety of consumers and their property.
    

3. Ensuring safety
 

1. Safety of equipment: Security companies are required to use certified and technically sound equipment to ensure the safety of consumers.
    
2. Professional training of personnel: Security companies should provide regular training and professional development of their personnel to ensure proper performance of security functions.
    

4. Compensation for damages
 

1. Compensation for damages: In the event of damage to consumers or their property as a result of improper performance of security services, security companies are obliged to compensate for the damage.
    
2. Compensation for poor quality services: Security companies should compensate consumers for defective services, including refunds or provision of services of adequate quality.
    

Consumer protection mechanisms
 

1. Pre-trial dispute resolution
 

1. Negotiations: Consumers have the right to approach security companies with a request to remedy violations and resolve disputes through negotiations.
    
2. Claims work: In case of dissatisfaction with the services, consumers can file a written complaint with the security company demanding that the violation be remedied or compensated for.
    

2. Appeal to state authorities
 

1. StateService of Ukraine on Food Safety and Consumer Protection: Consumers may file complaints against security firms with the State Service of Ukraine for Food Safety and Consumer Protection.
    
2. Antimonopoly Committee: Consumers can contact the Antimonopoly Committee of Ukraine in case of violations of antitrust laws by security companies.
    

3. Judicial protection
 

1. Lawsuits: Consumers have the right to file lawsuits in court to enforce their rights, seek damages or compensation for defective services.
    
2. Enforcementproceedings: If a court decision is made in favour of the consumer, the enforcement service ensures that the decision on damages or compensation is enforced.
    

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