New legal requirements for staff of private security firms in Ukraine

Due to the fact that the new requirements for the licencing of security activities were approved in November 18, 2015, we publish an updated material on the qualification requirements for the personnel of security companies to be met when obtaining a license.

If you want to learn more about the regulations that were applied before the amendments, please read a previous comment of our lawyers, available here.

First of all, we would like to emphasize the essential difference between the license requirements to security companies when obtaining a license and when carrying on security activities.

The topic under concern in the article is the requirements to be met by security companies at the licensing stage.

According to the new license regulations, the security company may have no security personnel at the time of obtaining the license.

Paragraph 6 of the Resolution of the Cabinet of Ministers of Ukraine No. 960 as of November 18, 2015 stipulates that the documents confirming the qualification level, health status, presence or absence of criminal records of security personnel shall be submitted only if a security company has the security personnel on the payroll at the time of obtaining the license.

It should be noted that the security personnel does not include a specialist of security measures organisation, an employee responsible for the organization of security services at the enterprise. In practice, security services are mostly provided by specialized firms, companies that are engaged only in this type of activity. Thus, the company’s director is often responsible for compliance with the license requirements. However, this is not required by the law: one person may run the company, and another, for example, a deputy director, may meet the license requirements and be responsible for the organisation of security activities. For more information about the requirements for a person who leads security activities, please follow the link.

But now back to the security personnel. As it has been already noted, if there are no security officers on the payroll, the licensee is not obliged to hire them specifically for the purpose of obtaining the license.  Security personnel can be hired immediately upon the conclusion of the Security Services Agreement.

Those security companies that do have security personnel on the payroll are required to provide:

• List of personnel in the approved form;
• Copy of the security officer’s passport;
• Copy of the narcologist certificate;
• Copy of the psychologist certificate;
• Copy of the medical report on the absence of health-related restrictions to perform the duties of a security officer;
• Copy of the employment record book or employment agreement.

If the security company fails to comply with these requirements, the licensing authority will reasonably refuse to grant a license.

In this article, we will elaborate on the qualification requirements for security personnel to be met when obtaining the license. If you intend to obtain the Security License, you should also pay attention to the requirements for a specialist responsible for the security activities at the enterprise, as well as to the list of additional documents required for obtaining the license.

If you decide to get our legal support and assistance in obtaining the Security License, we will provide you with a detailed advice on all the peculiarities of this procedure and will handle all the arrangements related to the registration of your security company. To learn more about the the cost of the security company registration, please follow the link.

If you still have any questions, please write us and we will be pleased to help you.