MainPublications of our law firmRepresentative experienceObtained a security license with a director and a specialist in organization of protection measures in one person

Obtained a security license with a director and a specialist in organization of protection measures in one person

  • A client was able to hold two positions at the same time - a director and a specialist in organization of protection measures;
  • lawyers have developed the necessary documents for submission to the Ministry of Interior of Ukraine;
  • explained controversial issues regarding licensing of security activities.

A client – a company, for which a security license needed to be obtained, contacted our firm in November 2018. The feature of the company was that its director worked on the position as a supplemental job. In addition, he was entrusted with the duties of a specialist in organization of protection measures (hereinafter referred to as "a specialist").

The requirement of the Ministry of Interior of Ukraine to have a copy of an employment record book of a specialist or an employment contract with a specialist caused difficulties to the client. If a person works on the basis of a supplemental job, entry to an employment record book will not be made and the employment record book itself is stored at the main place of work. An employment contract with a specialist was not concluded, since his duties were performed by a director, who was a sole founder (participant) of the company at the same time. These issues were successfully resolved by our specialists, which will be considered further.

Regulation of the situation with documents in the Licensing department of the Ministry of Interior of Ukraine

Our firm had a lot of cases, where a director performed functions of a specialist in organization of protection measures. In this case, we recommended our clients to conclude an employment contract between participants of the company (a security company) and a director. However, when a sole participant, a director and a specialist are the same person, it would be illogical to conclude an employment contract with oneself, but, unfortunately, such cases are not regulated by the law. Therefore, the licensing authority requires an employment contract in accordance with the relevant licensing conditions. In view of this, our lawyers drafted an employment contract according to which the client (as a participant of the company) hires a director and entrusts him with the duties of a specialist in organization of protection measures.

After preparing all the necessary package of documents by specialists our client was able to obtain a license for his company in time during hearing of the licensing commission of the Licensing department of the Ministry of Interior of Ukraine.

Conclusion

Legal support by specialized lawyers in the sphere of security licensing allows to resolve issues, which are not fully regulated by the relevant legislation.

In this case, the client firstly was able to save significantly on hiring an additional person in his security company, since he meets the qualification requirements for a specialist in organization of protection measures.

If you are faced with a similar situation, please, contact the specialists of our firm for its solution.
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