Law of Ukraine
“On Security Activities”
Date of entry into force:
October 18, 2012
The Law determines the organizational and legal principles of business activity in the sphere of providing property and personal security services.
Article 1 of the Law defines security activities is providing property and personal security services. It also envisages that a security entity is a business entity of any form of ownership, created and registered on the territory of Ukraine, which carries out security activities on the basis of a license procured according to the established procedure.
A security entity, on the basis of the license procured according to the established procedure, provides the following security services according to Article 5 of the Law:
- personal property security;
- legal entity property security;
- personal security.
According to Article 6 of the Law, property and personal security is provided by security staff by carrying out the following measures:
- using centralized surveillance points, technical means of security, response vehicles, service dogs;
- monitoring the state of property security of the guarded object;
- preventing threats to personal safety of the guarded individual;
- reacting to unlawful acts infringing on the guarded object within the scope of statutory authority.
The list of specific highly important objects of state property that must be guarded exclusively by state enterprises and organizations is determined according to the procedure established by the Cabinet of Ministers of Ukraine. Security conditions of hazardous and valuable cargos during transportation, and the list of such cargos are determined by the Cabinet of Ministers of Ukraine. Requirements to construction, structural and technical support of centralized surveillance points are determined in the license conditions. Response vehicles of the security entity are specialized vehicles, equipped with radiotechnical communication facilities, color designs and labels, and appropriate light and sound signals according to the procedure determined by the Ministry of Internal Affairs of Ukraine.
Security services are licensed according to the procedure established by the Law of Ukraine “On Licensing of Certain Types of Economic Activity”, with regard to the specifics determined by the Law (Article 7 of the Law). In case the license of a security entity is withdrawn, a new license can be issued to the same entity, or new business entities created by it or its founder (founders) no earlier than one year from the day of the withdrawal of the original license. A decision requiring a security entity to eliminate the shortcomings discovered during state supervision (monitoring) is made by the central body of executive power in the sphere of security activities on the grounds of violation of the requirements of the Law regarding:
- terms for involving citizens in security activities and/or the procedure for training and retraining security personnel;
- concluding security service agreements.
The grounds for withdrawing a security license are:
- the licensee’s request to withdraw the license;
- termination of the legal entity (merger, acquisition, division, transformation or liquidation);
- death of a natural person – entrepreneur;
- protocol confirming discovery of untrue information in the documents submitted by the business entity to procure the license;
- protocol confirming that the license or its copy was transferred to another legal entity or natural person for the purposes of business activity;
- protocol confirming the licensee’s refusal of the inspection conducted by the licensing body or specially authorized body in the issues of licensing;
- protocol confirming that the security entity failed to observe the instruction to eliminate the shortcomings;
- protocol confirming that the security entity failed to observe the requirements of clauses 1, 3, 5, 12, part 1, Article 10 of the Law, which forbid the following actions in the process of organizing and carrying out security activities:
1) purchasing and using property that is defined by the legislation as subject to exclusive use by military formations and law enforcement bodies;
2) creating obstacles or otherwise interfering with the work of representatives of the law enforcement bodies, other bodies of state power, bodies of local self-government, their officials, or citizens as they exercise the authority vested in them by laws and other normative legal acts;
3) concealing facts of crimes in progress or preparation, irrespective of the interests of the security service client;
4) participating in acts aimed at forceful confrontation between security personnel of different business entities.
Article 8 of the Law envisages that a security entity provides security services on the basis of an agreement, concluded with the client in writing according to the legislation.
According to Article 9 of the Law, a security entity has the right to:
- according to the procedure established by the legislation, purchase, store and use special-purpose equipment, the list of which is determined by the Cabinet of Ministers of Ukraine, for the purposes of security activities;
- use radio frequencies according to the established procedure, to provide for radio communication;
- use service dogs in security activities;
- use technical security measures in security activities;
- use response vehicles;
- receive information and copies of documents required to carry out security measures at the guarded site, from the security service client, by written request;
- by consent of the security service client (its representative), inspect the guarded territory, buildings, structures and property.
According to Article 10 of the Law, in addition to the activities forbidden above, the following is prohibited in the process of organizing and carrying out security activity:
- using signs of membership (insignia, uniform, etc.) of the Ministry of Internal Affairs of Ukraine, the Security Service of Ukraine, Department of State Protection of Ukraine, the Armed Forces of Ukraine, and other military formations, law enforcement, environmental, monitoring or other bodies of executive power, their special divisions; this includes their use in the name of the security entity, on items of clothes, response vehicles, buildings, or in documents;
- disclose information on the measures used in organization and carrying out security activity, as well as restricted information and information about the guarded person that became known in the course of security activities, except for cases provided for by the legislation;
- guard a natural person who is carrying out or attempts criminal activities or administrative offences;
- carry out acts that infringe on the rights, freedoms and property of natural persons, or threaten their life, health, honor, dignity and business reputation;
- use radio communication means without the permit to use them on the radio frequencies provided;
- carry out measures that are classified as operative investigation measures according to the Law of Ukraine “On Operative Investigation Activity”;
- involve persons who did not submit documents required for employment, or persons that do not satisfy the qualification requirements, in security measures;
- take part in execution of court decisions during executive proceedings.
Article 11 of the Law envisages that people eligible to work as security personnel must be legally capable citizens of Ukraine over the age of 18, who have completed appropriate education or professional training, concluded a labor agreement with the business entity, and submitted documents confirming that they:
- are not listed in the health care bodies for reasons of mental illness, alcoholism or drug addiction;
- have no outstanding or unexpunged convictions for intentional crimes;
- have no judicially imposed limitations for performing any specific duties;
- have no health limitations for performing any specific duties;
- are registered at their place of residence according to the procedure established by the legislation.
The rights and obligations of security personnel are established in Articles 12 and 13 of the Law, respectively.
Article 15 of the Law envisages that security personnel bears disciplinary, civil, administrative or criminal liability, as established by law, for not fulfilling or inappropriately fulfilling their duties.
According to Article 16 of the Law, in the course of security activity, security personnel has the right to apply means of physical influence and specialized equipment against persons that infringe on the guarded object, if other measures failed to stop the infringement or to cause the person to follow legitimate demands of the security personnel, in case of:
- defending themselves or other persons from an attack that poses a threat to life, health or property;
- avoiding an unlawful attempt to forcefully take over specialized equipment;
- the need to detain an offender who illegally entered the guarded object or is carrying out other unlawful acts and offers resistance;
- neutralizing an animal that poses a threat to the life and health of the security personnel or other persons.
Detention of a person by security personnel does not constitute administrative detention. The detained person is immediately handed over to the local law enforcement body in the area of the offence. Using means of physical influence and specialized equipment is only allowed after a verbal and gestural warning of the intention to use them. Means of physical influence and specialized equipment can be used without warning in case of:
- sudden attack;
- attack or resistance with the use of weapons or items that pose a threat to life and health, or with the use of mechanical vehicles.
In the time and place of security activities, security personnel is authorized to use service dogs that have completed appropriate training, were deemed fit for service use, and have a veterinary passport, exclusively for the purposes of detecting:
- unauthorized entry (attempts of unauthorized entry) to guarded objects;
- unauthorized persons present at guarded objects.
It is forbidden to use service dogs for security activities in civilian and public areas without a dog handler. Dogs must be held on a lead, and the established veterinary rules must be observed in their respect. In segregated territories where no people are present, dogs can be kept without a lead, if clear and legible signs are present in visible areas, warning that the object is guarded by service dogs. The dogs must be constantly monitored by the security personnel (Article 17 of the Law).
According to Article 19 of the Law, security entities organize cooperation with law enforcement bodies in the form of:
- holding joint workshops and consultations;
- exchanging information in the issues of preventing and combating crime;
- holding other events not prohibited by the legislation, provided that no rights or obligations of business entities are violated, and that holding such events lies within the competence of the appropriate law enforcement body.