Information about the personnel, special equipment and responsivity vehicles of the security company: to submit or not to submit?
Changes in the license conditions for the implementation of security activities come into effect since September 19, 2019. The change of the date, until which information about the personnel should be submitted, is among innovations. Now it's September 15th.
In our previous material, we promised to keep an eye on the news, therefore today we will provide new data on this issue.
This material must be read by all security companies, as they it can clarify the confusing situation with innovations in the process of providing information.
Our service: License for a private security firm in Ukraine
What does the Ministry of Internal Affairs say?
Despite the fact that the new revision of the license conditions will come into force only four days after the last day of submission of information established by it, the Licensing Department of the Ministry of Internal Affairs recommends submitting it now. That is, even before the entry into force of the new edition of the terms and conditions. Although in fact, there is no legal basis for this.
Argument: Better to submit than not. Most likely, the licensing authority itself is confused by this situation and is simply trying to be on the safe side. Therefore, it is recommended that all licensees do the same.
Related article: Regulatory framework of private security activities in Ukraine
Who should submit the information and how much does this in line with the requirement of the licensing authority?
Subparagraph 2 of paragraph 7 of the current conditions stipulates that the security entity must notify the licensing authority of changes in the data submitted upon receipt of the license no later than one month from the moment such changes occur.
Attention! A note is included in the brackets of the paragraph: in addition to information on security personnel, the licensing authority is to be notified of changes annually by December 15 (as of December 1). From which it follows that if there were no changes, then there is nothing to report.
In fact, the Licensing Authority recommends submitting not only information about personnel, but also impact munition and response vehicles by September 15th. Even if the licensee has neither one nor the other. That is empty information. Forms of this information shall enter into force only on September 19, 2019. The argument of the licensing authority is the same: let it be.
Should security agents generally provide information on impact munition equipment and response vehicles?
In the resolution of the CMU of July 5, 2019 No. 578 it is indicated: in para. 2 of subparagraph 2 of paragraph 7, the words and numbers "December 15 (as of December 1)" shall be changed into words and numbers "October 15 (as of September 1)." We remind you that it is now written in this norm: “in addition to data on security personnel, about the change of which the licensing authority is notified annually before December 15 (as of December 1).” That is, we are not talking about the submission of information on impact munition means and transport.
What will happen if you do not listen to the “recommendations” of the licensing authority and do not submit the above information?
When conducting a scheduled inspection, one of the items that are checked is whether information was provided on the change in security personnel. Suppose there were no changes, therefore, no information was submitted. However, in the inspection report there is no such column “there were no changes”. Therefore, they will not simply check the box “information submitted”, for the information was not provided. And this is a failure to comply with licensing requirements and a fine for it is 1700 UAH.
To submit or not to submit the above information until September 15, 2019: arguments “Pro’s” and “Con’s”
“Con’s” (i.e. not to submit):
Should anything happen, you can file and appeal. It's true. Firstly, the law does not have a retroactive effect in time, and therefore, they will not have the right to hold one accountable for not submitting information before the new revision of the terms and conditions.
Secondly, even if the box “information submitted” is not checked, then, at the Expert Appeals Board on licensing and in court, if it gets to court, you will be able to use an argument that the licensing conditions provide for the submission of information only when changes occur.
Another question is how correctly the application to the Council will be drawn up and how the defense will be carried out.
The law does not provide for this. With information about impact munition and transport, it is even simpler: they are not mentioned in the conditions.
“Pro’s” (why is it better to submit):
Appealing is long and expensive. Any appeal is a rather lengthy and painstaking process. The Appeals Board reviews the complaints for about one month, and the speed of litigation is a well-known phenomenon. And this means delays in your operations, and therefore - financial expenses.
Thus, in order to avoid misunderstandings, as well as a waste of money and time in the future, it is better to submit all this information before September 15.
If you have any questions about providing information, appealing against the actions of the regulatory authorities related to the activities of your security company, etc. - get in touch with our specialists for legal advice.
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