Our lawyers obtained 9 private security licenses in December of 2016

In November-December 2016, our company continued to actively providing legal support and assistance in obtaining security licenses. During this period, we helped nine companies to successfully obtain licenses: the majority of our Clients were registered in Kyiv, however, as usual, we were also contacted by the licensees from other cities, including Kharkiv.

Official statistics on the security licenses issued, as well as the license register, are available on the official website of the state agency. It clearly shows that our company has the most extensive practice of obtaining security licenses among Ukraine’s law firms.

It’s also worth noting that the licensing authority approved and published the plan of license inspections for 2017. This relieved the tension in the area of licensing. As we have already written before, in the spring of 2016, there were significant staff changes in the security licensing department, which resulted in many new, often illegal and groundless requirements to the set of documents to be submitted for obtaining a security license. Thus, for example, the licensing authorities refused to grant licences to the companies that at the time of the documents submission didn’t have an account opened in the bank. They also required to indicate the personal phone number of the company’s director in the application. The representatives of the licensing authority used it to contact the director and carry out the “enhanced interrogation”. In our practice, there was even a case when the employees of the licensing authority found the director’s contacts through operational activities (through personal contacts). It goes without saying that all these “additional” inspections are not established by the law, and moreover, they shall be deemed unlawful.

The employees of the licensing authority tried to justify their illegal actions by the necessity to verify the data set forth in the documents. But they seem to forget that being officials, they are obliged to strictly follow the letter of the law. It must, however, be said that today the professionalism of the licensing employees has significantly increased: the requirements are more reasonable, and the verification of the data reliability will be checked during the scheduled inspections in 2017, as provided by law.

Summing up the results of our work on obtaining security licenses in 2016, we can state that our lawyers have successfully represented the interests of all our Clients, ensured that each of them has obtained the security license in the shortest possible time.

It is also clear that in 2017 we will have a lot of requests for legal support and assistance during scheduled license inspections. The law stipulates specific, but at the same time strict requirements for firms engaged in security activities. The failure to comply with these requirements may result in the license revocation. They include proper maintenance of the documents which were submitted for obtaining the licence, as well as requirements for staff qualifications, organizational requirements and so on. While representing our Clients, we will, undoubtedly, demand from inspectors to follow all procedures related to appointment of the inspection, notification of the licensee of the inspection dates, as well as to comply with the law’s provisions, especially related to inadmissibility of the powers abuse and inquiry of the information and documents which are not provided by the law.

Publication date: 23/12/2016

About author

Name: Volodymyr Gurlov

Position: Partner

Education: National Academy of the Security Service of Ukraine

Knowledge of languages: Russian, Ukrainian, English

Email: [email protected]

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