MainPublications of our law firmComments on legislationRegulatory framework of private security activities in Ukraine

Regulatory framework of private security activities in Ukraine

Security services are a special type of business activities which is aimed at ensuring protection of property belonging to legal entities and individuals. It is possible to provide security services only after getting a security license. In order to this, there are a lot of questions about procedure of getting a license - what are the requirements to personnel, which services can be provided by security firm, procedure of providing these services etc. Laws of Ukraine give answers for all these questions. Let's look through it.

Laws on a security services

Laws of Ukraine "On security activity", "On licensing some types of activities", Decree of Cabinet of Ministers of Ukraine about License regulations of security activity and Decree about licensing state bodies are the main legislative acts in this sphere.

Law of Ukraine "On security activity" regulate the main principles of providing this activity in Ukraine. There are list of organizational, techinical, professional requirements for procedure of doing security services. In particular, it regulates:
  • types of security services which can be provided by firms;
  • list of requirements for personnel of firm;
  • rights and obligations of security personnel;
  • procedure of using special methods and measures of physical influence;
  • procedure of providing security services in Ukraine etc.

It is impossible to establish a security firm and provide services without examination of this law. There is an obligation about getting a security license for establishment a security firm. The procedure of licensing is regulated by another Law of Ukraine "On licensing some types of activities".

Licensing of a security activity

Law of Ukraine  "On licensing some types of activities" is the main act in the sphere of licensing. It regulates basic elements of licensing procedure, for example, validity of a license, a official license fee, state body which issues licences, term of getting licences, required documents for getting licenses etc.

At the same time these laws don't reveal other important moments of providing security services. For example, if you examined Law of Ukraine "On licensing some types of activities", you wouldn't have known the licensing state body or the list of required documents. Law Of Ukraine "On security activity" doesn't give information about educational requirements for a person who leads security activities. It relegates us to another legislative act.

Decree of Cabinet of Ministers of Ukraine about License regulations of security activity is another main act in this sphere. It regulates the procedure of getting a security license, rules of providing security activities and procedure of examination of licensees, reasons for licenses revocation.

Decree gives the full list of required documents for getting a license:

  • an application form;
  • a copy of chief's passport;
  • documents which confirm ability of personnel to do security activities;
  • a description of documents which are submitted. 

This list is bigger than the former one which was approved by the Ministry of Internal Affairs of Ukraine. For example, a copy of chief's passport  and a descption are the new documents. Also there are some additional required documents for personnel - no criminal records certificates, medical certifications, documents on issuance of professional level.

Law of Ukraine "On licensing some types of activities" defines that Cabinet of Ministers of Ukraine approves licensing state bodies. The Ministry of Internal Affairs of Ukraine is licensing body in this sphere.

Requirements for security personnel

There is must be personnel for providing security services. But not every person can be a guardian. Law of Ukraine "On security activity" defines requirements for security personnel:
  • reaching 18 years old;
  • capacity;
  • citizenship of Ukraine;
  • professional education or training;
  • a labour agreement with a security firm.

Although all personnel must have these requirements, there are specific personnel's requirements for some types of security services. There is a Directory of professions which is approved by the Ministry of Social Policy of Ukraine. You can find there 4 levels of security personnel's types according to the educational and labour characteristics. So it depends on level of security personnel whether they are admitted to provide security for a person or just for an object.

Organization of security firm's work is one of the most interesting moments. For example, a lot of people are interested whether they must keep records, whether they need to have a registration book, whether personnel must wear uniform and have special cards, which requirements for an observation point etc.

There are no a lot of requirements about it. Keeping a licensing documents and photo, video materials is an obligation for licensees. A security firm defines whether to keep other additional documents by itself.

Personnel must have special cards with a validity and name on it. Decree of Cabinet of Ministers of Ukraine about License regulations of security activity defines that personnel who provide security for a property must have special signs on their uniform. If a firm has an observation point then there must be regular guardians, video and audio systems, a fast response transportation, a registration book etc. It is techinical requirements for firms with an observation point.

The procedure of using special methods while providing security activities

Special methods are used while providing security activities very often. It raises the level of efficiency. It can be special methods, measures of physical influence, fast response transportation and service dogs. The procedure of using special methods is regulated by different legislative acts:
  • Decree of Cabinet of Ministers of Ukraine on obtaining, keeping and using special methods for a security activity;
  • Decree of Cabinet of Ministers of Ukraine on procedure of selling, obtaining, registration, calculation and using special methods of self defense, which are charged with substances of the tear-off action and irritating action;
  • order of the Ministry of Internal Affairs of Ukraine on equipment of a fast response transportation;
  • order of the Ministry of Internal Affairs of Ukraine on producing, selling, obtaining, registration, calculation and using fire, pneumatic and other types of guns.
The principle of using special methods are regulated by the Law of Ukraine "On security activity". It says that using of it is allowed only in exceptional cases for preventing criminal offences by qualified security personnel. For example, it is forbidden to use service dogs or special methods in crowds.

In conclusion, we need to admit that security services are provided after signing an agreement with clients. This requirement is regulated not only by Law of Ukraine "On security activity" but also by Civil Code of Ukraine. Integrant terms of this agreement are price, term, terms of providing services, rights and obligations of parties.

Regulatory framework of private security activities is a difficult, complex matter which has to be examined through the connections among various legislative acts.
Contact the author

Any questions left?

Don't waste your time and entrust your legal matters to the team of professionals!

Learn about the price


ASK LAWYER A QUESTION

Доп. меню
Связанная практика Услуги по теме материала