MainPublications of our law firmRepresentative experienceFor what security companies should be prepaired before the inspection. Control questions

For what security companies should be prepaired before the inspection. Control questions

During the inspection, the state supervision (control) authority checks out an exhaustive list of questions related to the organization of the security activities, which are reflected in the act made by officials of the licensing authority due to the results of the inspection.

In particular, such issues include the following:

1) Are the documents, copies of which were submitted to the licensing authority, as well as the ones that confirm the accuracy of the data of such documents, kept?

2) Have you submitted a notification about changes in such documents in time, as well as data on security personnel that are to be submitted before December 15 (as of December 1)?

3) Are the video and photo materials obtained in the course of the implementation of protection measures kept for one year?

4) Is the name of the security company, its location, identification code, date and number of the decision to issue a license placed in a visible place of the guarded facility(depending on the consent of the security services customer)? 

5) Is the head of the security company, his/her deputy or other authorized person present during the inspection by the licensing authority?

6) During the performance of their functional duties, does the security personnel have certificates that must meet specific requirements (signed by the head of the security company; contain the surname, name, patronymic of the person belonging to the security personnel; have a date of issue and validity period; contain a photograph of the person who certificate issued)?

7) Are there signs on the clothing of security personnel performing security functions of belonging to a security company, in accordance with its charter?

8) Has the security company ensured the proper use of working dogs? According to Article 17 of the Law of Ukraine "On Security Activities" working dogs, which are used in places where security measures are carried out, have undergone the necessary training course, and have been recognized as fit for the service use and have a vet passport.

9) Are dangerous and valuable goods properly guarded when transported by road?

10) Does the security company comply with the requirements established by law? Namely, regarding:

  • organization and implementation of protection of facilities and premises in which narcotic plants are cultivated, used, stored and destroyed, as well as finished products or waste obtained from them;
  • the acquisition and storage of domestically produced devices for the firing of cartridges equipped with rubber or similar projectile shells of non-lethal action, and these cartridges;
  • Response transport equipped with the radio communication devices, colorgraphic diagrams (inscriptions), light and sound signals.

11) Have you used any of the following? In particular:

  • Property defined by law for exclusive use by military units and law enforcement agencies;
  • Technical means of protection that have not been certified in accordance with the established procedure, radio communication devices without permission to use them on the provided radio frequencies, as well as other technical devices that are harmful to the life, and health of citizens, and the environment;
  • Signs of belonging (elements of symbols, uniforms, etc.) to the Ministry of Internal Affairs, the Security Service of Ukraine, the State Security Directorate, the Armed Forces and other military units formed in accordance with the laws, law enforcement, environmental, regulatory or other executive authorities, their special units, including in the name of the subject of security activities, on clothing, response vehicles, buildings, in documentation;
  • The impact munition not included in the List of impact munition, the acquisition, storage and use of which are carried out by security entities, approved by the Cabinet of Ministers of Ukraine dated February 11, 2013 No. 97;
  • Working dogs during security activities in public and generally accessible places without a dog guide.

12) Has nothing been done with the following? In particular:

  • Protection of an individual who commits criminal acts, an administrative offense or tries to commit them;
  • Actions that infringe on the rights, freedoms and property of individuals, as well as jeopardize their life and health, honor, dignity and business reputation;
  • Measures related to the active search in accordance with the Law of Ukraine "On the law enforcement tactical intelligence operations ";
  • Actions aimed at violent confrontation between security personnel of various business entities.

13) Have any obstacles or other actions been created that impeded the activities of representatives of law enforcement and other government authorities, local authorities, their officials, as well as citizens in the exercise of their powers granted to them by laws and other regulatory legal acts?

14) Has the information about the measures taken to organize and carry out security activities, as well as information with limited access and information about the protected person, which became known in connection with the implementation of such activities, been disclosed, except as provided by law?

15) Was there information about criminal offenses committed or prepared regardless of the interests of the customer of the security services?

16) Are the facilities included in the List of especially important items of state property rights, protected by state enterprises and organizations, defined in the manner approved by the Cabinet of Ministers of Ukraine, protected?

17) Have you applied anything from the following list? In particular:

  • Measures of physical coercion and impact munitions have been used against women with obvious signs of pregnancy, elderly people or with pronounced signs of disability and minors, as well as against the people who, according to the law, are carriers of a special immunity status, except when they carry out an attack that poses a threat to life and the health of individuals, security personnel, or armed attack or armed resistance;
  • Impact munition used in crowded places, except in cases of self-defense (self-protection);

18) Does the security company comply with all requirements regarding the use of a specialized monitoring station (hereinafter the monitoring station)?

19) Matters related to security contracts regarding:

  • their conclusion only if the security service customers have documents on the right to own or use the facility under protection, as well as those that confirm the legality of the person, property or vehicle staying at the place of protection;
  • their accounting;
  • conditions for the provision of security services in favor of third parties;
  • indications of a specific facility under  protection, its location when concluding contracts;
  • determination of the conditions for compensation by the security company for the harm that it caused by improper performance of its duties.

The licensing body also verifies compliance with the requirements of specialists in the organization of security measures, as well as security guards, bodyguards and workers involved in work at the monitoring station, who must be able bodied citizens of Ukraine who have reached 18 years of age, who have concluded an employment contract with a security company, submitted for employment the necessary list of documents (certificates from a psychiatrist, narcologist and a certificate of no criminal record, medical certificate of health status, copy of a passport, copies of documents confirming the acquisition of qualification - on higher education and work experience of at least 3 years).

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