In what case has one a right not to allow a licensing authority to checking a security guard firm
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If you own a security company or just want to start carrying on security activities, you should know that the moratorium on inspections has been lifted. This means that the state regulatory authorities can now visit you to check your business for compliance with the requirements of the law.
In this article we will talk about the licensing authority, the rights and obligations it can exercise during the inspection. It is worth noting that it is very important to know the powers of the licensing authority officials, because if they abuse their position, you can exercise your right for not allowing the inspection or demand its suspension.
How the licensing authority can affect your business?
The licensing authority has certain powers, which it can use to influence your business.
- In particular, it has power to issue binding orders and guidelines for correcting violations and failures. Failure to comply with these regulations may result in negative consequences, since the licensing authority can apply sanctions and revoke the license.
- Officials may request that you suspend business activities if it hinders the inspection, as well as request additional explanations, documents, materials and information on issues that arise during the inspection.
Related article: Our Lawyers Helped To Obtain A Private Security License Within One Day.
What responsibilities does the regulatory authority have to comply with during the inspection?
They shall follow a specific inspection procedure that allows you to monitor the process and require the authority to comply with it.
- First of all, the licensing authority shall publish a unified form of the inspection act drawn up based on the results of the inspection, which you can find on the official website of the Ministry of Internal Affairs of Ukraine;
- You must be notified of inspection at least 10 days in advance;
- When officials visit you, they must show their IDs and documents on referral for inspection;
- If such persons have gained access to commercial secrets or other confidential information during the inspection, they shall ensure that it is not disclosed;
- Supervision (control) measures shall be carried out within the legislative framework, i.e. only for those items that are set forth in the inspection act;
- The regulatory authorities shall not unreasonably hinder or suspend business activities of the security firm;
- The inspection period shall not exceed the time limit set by law. Otherwise, if these requirements are not met, you can stop the inspection.
You need to have a clear understanding of your firm’s rights and obligations during the inspection. This will help you defend your interests.
Related article: Rights And Obligations Of A Security Company During The Inspection: What You Should Pay Attention To
What are the legal grounds to suspend the inspection?
- Officials exceed the maximum inspection period stipulated by law;
- They don’t use the uniform form of the inspection act;
- They carry out a finding of the issues during the inspection that are not related to the reasons of the inspection.
It is worth noting that in a stressful situation during the inspection, it is sometimes difficult to concentrate and monitor that all the actions of the regulatory authority comply with all norms and procedural obligations. The qualified lawyer will significantly reduce the level of your stress and prevent any illegal actions of the inspector.
There is also a number of grounds for not allowing officials to conduct the inspection.
- The frequency of inspections is violated;
- The official of the licensing authority hasn’t made a record of the inspection in the register of state control measures (if the security company has such a register);
- The duration of the scheduled inspections (one or their total number for the year) exceeds the maximum period (10 days, and in some cases - 5 days), or the period of the unscheduled inspection exceeds 10 days, and in some cases - 2 days;
- If a follow-up inspection relates to the same issues that have already been inspected.
What are the responsibilities of the licensing authority officials?
If the officials have caused damage to a security company by their illegal actions or decisions, they are obliged to reimburse the company for damages from the respective budgets that finance the authority.
According to the law of Ukraine, the officials of the licensing authority shall be liable for violating the established procedure for publishing information on the inspection measures in the Integrated Automated System of State Supervision (Control).
How to protect yourself and your business during the inspection?
Please note that you have the right to engage third parties during the inspection. This means that you can contact qualified professionals who can explain you the powers of the licensing authority and help you in case of violation of your rights. The officials of the licensing authorities are responsible for their illegal decisions, action or inaction, which can be appealed to the courts.
Related article: Participation Of Lawyers During Inspections Of Regulatory Authorities And Law Enforcement Agencies.
If you want to get prepared for the upcoming inspection without any assistance and support, you can use our checklist before the security companies inspection.