What will happen if the security company does not notify the Ministry of Internal Affairs of the changes in time?
On March 1, 2020, the latest amendments to the Law of Ukraine “On Licensing ...” entered into force, but we want to recall the changes to this law that were made in December 2019. This applies to all licensees whose activities are regulated by this law, including security entities. But, unfortunately, so far not all licensees are aware of these changes and do not comply with the requirements.
Today we will talk about the legal requirements that you must pay maximum attention to and the possible consequences of ignoring them.
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What is the liability for violating the law?
Until recently, the requirement to notify the licensing authority of changes within a month was simply stipulated by the law without indication of penalties. But now the norm has been amended with a paragraph of the following nature: If the licensee violates the terms for notifying the licensing authority of any changes in the information that was submitted for obtaining a license, the licensee shall be administratively liable.
The Law on Licensing itself does not specify the amount of fines. However, some amendments were also made to the Code of Ukraine on Administrative Offences. Namely, Article 164 now says that failure of the licensee to duly notify the licensing authority of any changes entails a fine of 250 to 500 tax-free minimum incomes of citizens. Today it is from UAH 4,250 to UAH 8,500. Perhaps the amount is not critical, but such costs can be avoided by fulfilling the requirements of the legislation.
We can help you make all necessary changes as quickly and easily as possible.
May it turn out that the licensee fails to meet the licensing requirements due to the changes?
Unfortunately, yes. If you, for example, have changed the leading security specialist, it is advisable to check beforehand whether he/she is really suitable for the position and to ensure that the employment agreement is correctly concluded with such a specialist. Because if it turns out that the documents of the new specialist do not meet the requirements, the license may be suspended or even revoked.
But the most interesting thing is that it won’t happen at once, but during the inspection, because the mechanism of the license revocation due to the notification of changes is not provided. Thus, the licensee may not even guess that it no longer meets the requirements and will simply fail the nearest inspection (at least painlessly).
Therefore, it is necessary to make sure in advance that your specialist meets the current requirements.
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How to secure all guarantees when making changes?
Even before changes are made, it is necessary to make sure that they do not contradict the current legislation.
In the case of a new security specialist, you should carefully check the person to see if he/she is suitable for the position. For example, you should pay attention to the person’s certificates according to the list specified in the licensing regulations. The key problem is that information about such a specialist is not recorded in the license register. Therefore, there is no way to make sure whether the licensing authority has included the specialist’s documents in the case or not.
If you have any doubts about whether your new security specialist meets the requirements of the law and whether you have properly made the changes to your company’s documents, don’t hesitate to contact us. We will provide you with a quick and simple answer.
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