Specialist in Organizing Security Measures is Temporarily Absent: Should the License Be Suspended?

The temporary absence of a specialist responsible for organizing security measures is a fairly common situation for companies holding a security services license. Employee dismissal, long-term sick leave, mobilization, or a prolonged search for a new candidate are often perceived by businesses as ordinary HR matters. However, in the field of licensed security activity, such absence has legal significance and may create risks for the company.

The Licensing Conditions define this position as a fundamental requirement for the lawful operation of a security company. The absence of such a specialist is grounds for license cancellation. Therefore, let us examine how to act in order not to lose the right to operate, and why “waiting a week or two” without officially formalizing a replacement is the worst strategy.

What Role Does the Specialist Responsible for Organizing Security Measures Perform?

The specialist responsible for organizing security measures ensures the proper organization of the business entity’s security activities. Their functions usually include supervising security guards, developing and implementing security measures, coordinating security processes, interacting with law enforcement authorities, and monitoring compliance with the Licensing Conditions in the field of security activity.

This specialist is a key figure who ensures that the security company operates within the legal framework. To hold this position, the specialist must have the relevant experience or education corresponding to at least one of the following criteria:

• higher education and at least 3 years of service in officer positions in operational or investigative units of internal affairs bodies, security police, the Security Service of Ukraine, the former security militia, as well as the Armed Forces of Ukraine or other military formations established in accordance with the law. Such experience also includes service in middle, senior, or higher commanding positions in law enforcement bodies, or work in the management of departmental militarized security;
• a higher education diploma and at least 3 years of work in managerial positions in the field of security activity, in particular as a director, deputy director, head of a branch, or head of another structural unit. A person with at least 3 years of experience in positions related to the organization and provision of security measures also meets the requirements;
• higher legal education and at least 3 years of practical legal work experience with an entity engaged in security activity.

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Specialist Responsible for Organizing Security Measures Is Temporarily Absent: What Should Be Done?

If the specialist responsible for organizing security measures is temporarily absent, the company must choose one of two lawful and safe courses of action:

1. Temporary assignment of the specialist’s functions

A security company has the right to temporarily assign the functions of the security specialist to another employee, provided that all requirements of the Licensing Conditions are met. In particular, such person must:

• meet all the requirements for a security specialist described above, as well as the requirements for security personnel set out in clause 17 of the Licensing Conditions;
• have no medical restrictions for performing the relevant duties;
• be in properly formalized employment relations with the company.

It should be taken into account that temporary performance of duties must be formalized by a relevant order of the company’s director. Legal force is attached not to the actual performance of functions by verbal agreement, but to a properly issued internal order.

2. Temporary suspension of the license

If the company does not have an employee who meets the requirements and can legally perform the functions of the specialist responsible for organizing security measures, and the company is not carrying out activity, the safest solution is to suspend the security activity license temporarily. This course of action is fully lawful and therefore eliminates the risks of liability or financial penalties. Moreover, it:

• confirms the licensee’s good faith position;
• minimizes the risk of liability;
• allows the company to resolve the staffing issue without pressure or haste.

Trying to “wait it out” without a specialist usually costs the business much more than timely and deliberate suspension of the license at the company’s own initiative.

Can a Security Company Continue Operating Without This Specialist?

Under clause 14 of the Licensing Conditions, if the specialist is temporarily absent, the company must assign their duties to an employee who meets the education and qualification criteria for the specialist, as well as the requirements for security personnel. These include:

• having full civil legal capacity;
• being a citizen of Ukraine;
• being at least 18 years old;
• having completed the necessary management training or professional training required to perform security functions;
• being in properly formalized employment relations with the security company;
• having supporting documents confirming that the person is not registered with medical institutions due to mental illness, alcohol or drug addiction, has no unexpunged or outstanding conviction for intentional criminal offenses, has not been deprived by a court of the right to perform the relevant duties, is medically fit to work in the security sector, and is registered at their place of residence in accordance with the requirements of Ukrainian legislation.

In simple terms, the absence of a staff member responsible for organizing security measures effectively paralyzes the lawful operation of the company.

Risk Factors: What May Lead to Suspension or Loss of a Security License

Usually, a threat to the license becomes real during scheduled or unscheduled inspections by the regulator. At that point, inspectors assess how the security company actually complies with the established licensing requirements. Critical issues come to light if the audit reveals that:

• the company does not have a specialist responsible for organizing security measures, or such specialist is formally employed but does not actually perform their duties;
• security guards do not have the required documents, proof of training, or medical certificates;
• employees work without official employment;
• personnel documents are improperly prepared or contain false information;
• the business entity cannot confirm that its employees meet the legal requirements;
• it is established that the business operated for a considerable period without a specialized professional who is legally responsible for coordinating and controlling security activities.

All identified inconsistencies are recorded by inspectors directly in the inspection report. Based on this document, the Ministry of Internal Affairs either gives the company a chance to correct the violations through an official order or initiates the process of fully depriving the company of the right to carry out security activities.

It should be taken into account that during martial law, scheduled and unscheduled inspections are suspended. However, unscheduled inspections may still be carried out in certain cases:

• to enforce a court decision;
• based on an official application by the entrepreneur, when the entrepreneur initiates an inspection of their own activity;
• to monitor the correction of deficiencies identified during previous visits and recorded in administrative documents or orders of the supervisory authority;
• under a special order of the head of the Government if mass violations are detected or if circumstances arise that create significant risks to human rights, national security, or the environment;
• in situations where real threats arise to the life and well being of citizens, the integrity of the environment, or the stability of the state;
• to ensure proper compliance by Ukraine with its obligations under international agreements;
• in connection with accidents, fires, fatal incidents, or occupational diseases related to the activity of the business entity;
• when there is officially confirmed information about risks to human life, health, the environment, or state security related to the licensed activity;
• based on an order of the relevant ministries or agencies responsible for shaping state policy in a specific sector.

Safe Replacement Algorithm for a Security Specialist: Checklist for the Manager

To avoid fines and claims from the licensing authority, namely the Ministry of Internal Affairs, it is advisable to follow a clear algorithm.

1. Check whether the candidate meets the qualification requirements by requesting a full set of supporting documents.
2. Properly formalize the employment relationship.
3. Prepare and submit a notification of changes.
4. Keep the postal inventory confirming that you notified the Ministry of Internal Affairs of the changes.

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How to Properly Formalize Personnel Changes in a Security Company

Согласно п. 7 Лицензионных условий в случае возникновения измененийUnder clause 7 of the Licensing Conditions, if any changes occur in the information submitted to the licensing authority, the licensee must notify the licensing authority within one month from the day following the date of such changes. This notification must be submitted in written or electronic form, together with copies of documents confirming the relevant changes.

Let us recall that to obtain a security activity license, the licensee must submit copies of the following documents:

• documents confirming compliance with the qualification requirements provided for in clause 14 of the Licensing Conditions;
• documents confirming completion of preliminary, periodic, and extraordinary psychiatric examinations, including examinations for the use of psychoactive substances, form No. 100 2/o;
• a medical document confirming the absence of health-related restrictions for performing functional duties;
• passport of a citizen of Ukraine;
• document confirming registration in the State Register of Individual Taxpayers. If the person has refused to receive a registration number due to religious beliefs, a copy of the passport with the relevant mark must be submitted;
• employment agreement, extract from the employment record book, if available, certified by the business entity, or information on employment activity from the register of insured persons;
• documents containing information on service in the military reserve or inclusion in the operational reserve of the territorial recruitment and social support center, if this requirement applies to the person. This may include a printed copy of the electronic military registration document displaying a unique QR code for verification through the Reserve Plus application or the Diia portal, a military ID, contract, certificate from the territorial recruitment and social support center, or another military registration document with a copy of the relevant document attached.

Therefore, if the security specialist changes in the company, the company must submit all these copies of documents together with the notification of changes to the Ministry of Internal Affairs.

Practice of Typical Violations in the Field of Security Activity

One of the most common violations in the field of security activity is the absence of a properly formalized specialist responsible for organizing security measures. Companies often continue operating after such specialist is dismissed, without appointing a new employee and without notifying the Ministry of Internal Affairs of the changes. During inspections, this is treated as non-compliance with the Licensing Conditions.

The licensing authority pays particular attention to situations where:

• documents confirming education, experience, or completion of medical examinations are missing;
• the specialist’s duties are assigned to a person who does not meet the qualification requirements;
• changes regarding personnel were not submitted to the Ministry of Internal Affairs within 30 days from the date they occurred.

The consequences of such violations may include orders to eliminate the violations, additional inspections, and, in some cases, cancellation of the security activity license.

Legal Support for Security Companies: Why It Is Important to Respond on Time

In the field of security activity, personnel changes rarely remain an internal company matter. The dismissal or temporary absence of a specialist responsible for organizing security measures directly affects compliance with the Licensing Conditions and, therefore, the safety of the entire business.

We support security companies in licensing and personnel change matters and understand well how the Ministry of Internal Affairs assesses such situations. For us, it is important not merely to close the paperwork issue, but to build a safe operating model for the company without putting the license at risk.

Our support will help you:

• check whether employees meet the requirements of the Licensing Conditions;
• properly prepare personnel documents and formalize employment relations;
• prepare a notification of changes to the Ministry of Internal Affairs;
• minimize the risk of fines and claims during inspections;
• support the procedure for suspension or renewal of the license;
• prepare the company for inspections and elimination of possible violations.

It is especially important to act quickly in cases of specialist dismissal, mobilization, long-term sick leave, or conflict-related termination of employment. These are the situations where businesses most often mistakenly try to continue working “as is”, without taking into account the legal consequences.

Contact us now to assess the risks in time, properly formalize personnel changes, and preserve your license without unnecessary stress for the business. The earlier such issues are resolved correctly from a legal perspective, the lower the chance that a personnel problem will turn into a problem for the company’s entire activity.