The Amendments To The Law Of Security Activities

Original Language Title: Grozījumi Apsardzes darbības likumā

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://www.vestnesis.lv/ta/id/221377

The Saeima has adopted and the President promulgated the following laws: the law on security activities to make security activities Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2006, nr. 12, No 12; 2008) follows: 1. Turn off the first paragraph of article 4, paragraph 2, the words "except when there is a personal security (bodyguard)."
2. Supplement with article 4.1 chapter I by the following: "article 4.1. Security guard company, internal security, security staff, special permission (license) and the security certificate in accounting (1) details of the security operation issued special permits (licenses), the internal security service and the security certificate of registration certificates, as well as guarding economic operators, internal security services and their participants, staff and Administration (representative), which is provided for in this Act, the State police recorded in the register of licences and certificates. Register of licences and certificates of the curator's Interior Ministry's information center.
(2) the register of licences and certificates to be recorded in the volume of messages, including messages, use and deletion, as well as institutions to be granted access to this information in the register shall be determined by the Cabinet of Ministers. "
3. Replace article 5, fourth and fifth paragraphs the words "Interior Ministry" with the words "State police".
4. Turn off the second paragraph of article 7, the words "and execution".
5. To complement article 8 of the second paragraph of point 3 and 4 with the following: "3) by contract with security staff, employed him to issue the certificate. Employment certificate indicating the employee's name, surname, personal code, or the work permit number (workers in Latvia for foreigners), the contract or the date of conclusion of the contract the company and number of guarding the merchant name. The certificate is a security guard employed by the operator's staff, as well as the stamp photo;
4) security activities, assess the possible risks is guarded object, to take the necessary measures to prevent possible hazards to the safety of object to be safeguarded, as well as against the guarded object oriented offences. "
6. Supplement article 9 with 3.1 part as follows: "(31) internal security security activities can start after it has been registered in the national police, with the exception provided for in the third subparagraph of article. Internal security service may not give security services. "
7. To supplement the law with the 9.1 and 9.2 of the article as follows: "article 9.1. Internal security (1) cancellation of the registration authority, the operator or the Organization's internal security service registration shall be cancelled if: 1) internal security service activity is directed against the State or the legitimate interests of the public;
2) internal security service violate or do not comply with this Act or other legislation;
3) authority, the operator or organization shall knowingly supplied false information to register internal security service;
4) determined by the other rule or court order;
5) found that the internal security service head covered in article 9 of this law restrictions.
(2) the decision of the authorities, the merchant or the Organization's internal security service, cancellation of registration may be challenged, and to appeal to the administrative procedure law. This decision was disputed and the appeal shall not suspend its activity.
9.2 article. Internal security services the rights and obligations of the authorities, the merchant or the Organization's internal security service has this law article 8 rights and obligations. "
8. Express article 11 and 12 as follows: "article 11. Security guard certificate (1) security certificate natural person cabinet order shall be issued by the training and qualifications in the quest. Security guard certificate validity period is five years.
(2) the security certificate is prohibited to issue: 1) to the person who was convicted for an intentional criminal offence or alcoholic beverages, drugs, or other intoxicating substances affect the criminal offence, criminal history, prior to the deletion or removal;
2) which is convicted of this part of the provided for in paragraph 1 to the Commission of a criminal offence, release from punishment or sentence: a year after the earlier of the ruling on the release from punishment or sentence enters into force;
3) exempt from criminal responsibility for this part of the provided for in paragraph 1 to the Commission of a criminal offence — earlier than one year after the entry into force of the decision;
4) which is conditionally released from criminal responsibility for this part of the provided for in paragraph 1 of the criminal offence was committed, before the end of the trial period;
5) that in criminal proceedings the accused applied status for this part of the provided for in paragraph 1 to the Commission of a criminal offence;
6) which is administratively punished about alcoholic beverages, narcotic, psychotropic, toxic or other intoxicating substances affect Community infringements, waiver of medical examinations to determine the alcohol content of the illicit manufacture of narcotic drugs or other intoxicating substances, the impact test for petty hooliganism or malicious defying police officers, border guards or soldiers of the militia, as well as the legal order or requirement — if not passed year after the execution of the administrative penalty.
(3) the security activities of the qualification test and security certificate, as well as the security guard of the period of validity of the certificate extension and guard the issue of duplicate of the certificate of State fee payable to the Cabinet in the order and amount.
(4) the national police cancelled the security certificate when: 1) guard employee violating this statutory security employee rights or duties;
2) security staff do not observe this law fixed physical force, special means and service dogs for conditions of use;
3) are found in the second part the limitations provided for in.
(5) a decision on the refusal to issue a security certificate or extend the validity period or certificate of cancellation for security can be a challenge and appeal against administrative procedure law. The decision on the withdrawal of the disputed certificates of security and appeal shall not suspend its activity.
(6) the Person to whom the security certificate is revoked, a new certificate is entitled to after the first part of qualifying security activities in the quest, but not earlier than one year after adoption of the decision on the security certificate.
(7) the cabinet shall determine the order in which the person to be served is a natural guard, duplicate certificates and renewable security certificate has expired, the order in which the security certificate is void, as well as the procedures and the extent to which the State fee payable for security activities qualification test sorting, the security certificate, security certificate validity extension and a security guard certificate issuance of duplicates.
12. article. The security employee rights and obligations (1) the security employee, making security activities, is obliged: 1) carry the security certificate and certificate of employment and, on request, be produced to the controlling public authority representatives;
2) in the cases specified in this Act limiting the rights and freedoms of others, at the request of the person to give his last name and the name of the economic operator, the security guard to present a certificate of employment, as well as to provide an explanation, giving each specific restrictions;
3) immediately provide information for the preparation of national police or criminal offence;
4) hold a person of suspicion that it guarded object has committed a criminal offence or administrative offence, and shall immediately notify the State police, lock to guard witnesses, the location of the event and to ensure its integrity;
5) not to disclose to third parties information on the guarded object security technical systems, security organizations, and other information that has become available by the security staff.
(2) the security employee, making security activities, have the right to: 1) require that the person cease illegal activities and comply with the guarded object, or the procedures of depending on the action you ask the person concerned to leave the guarded object, as well as expel that person from the guarded object, if it does not obey the request and continue violating the guarded object and following the procedure laid down in the guarded object izraidījum guarding rules;
2) guarded object check pass or a document establishing identity, if it is required to comply with the security rules, the performance of which was asked to monitor security staff;
3) ask for a person to voluntarily show personal items, vehicle or cargo and its compliance with the supporting documentation, if such actions are provided for guarded object security rules. If the person has not reached 14 years of age, its personal belongings may examine only the person's parents or legal representatives are present with their permission. If not present that person's parents or legal representatives, the security staff will call State police. "

9. Supplement article 19, first subparagraph, after the words "security" with the words and the operator number "which received category 2 special permission (license) a security operation".
10. transitional provisions be supplemented with paragraph 5 by the following: "5. Article 11 of this law, part of the seventh cabinet from the date of entry into force of the provisions, but not longer than until 1 July 2011 shall be valid for the Cabinet of Ministers of 20 November 2008, the provisions of the" rules on No 945 security certificate issuance, renewal and cancellation procedures and arrangements for payment of the State fee and the "."
The law shall enter into force on January 1, 2011.
The law in the Parliament adopted the 2010 October 28.
President Valdis Zatlers in Riga of the 2010 November 17.