Advanced Search

Guard Activities Law

Original Language Title: Apsardzes darbības likums

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
The Saeima has adopted and the President promulgated the following laws: the law of security activities chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) security activities — provision of security services by the merchant, as well as the security authorities, the merchant or the organisation of security and internal security by the employees of the State;
2) guarding the employee — physical person in accordance with the procedure laid down in this law, received the certificate of security, a Member State of the European Union or European economic area citizen who received the country concerned security guard certificate or equivalent persons of professional competence certificate and carrying out security activities;
3) guarded object — physical person, cargo and other movable assets and values, or real estate, or other object, as well as objects in a permanent or ongoing individual measures;
4) security services — a measure or series of measures undertaken to prevent unlawful or otherwise guarded object hazards;
5) guard certificate — an individual's professional competence certificate;
6) guarding the technical system-security and fire alarm, CCTV, manual or electronic equipment that works in a single system, to prevent unlawful or otherwise guarded object hazards;
7) guarding the Merchant: a merchant who received special permission (license) the security operation and provide security services;
8) internal security service — institutions, merchant or organization unit that ensures security and internal security;
9) third party, guarding the operator's civil liability insurance, any natural or legal person to whom the costs of the insurance compensation.
2. article. The law's purpose and scope (1) of the Act is intended to create the legal basis for the activity of security guards to ensure the security of individuals and society.
(2) of the Act apply to natural and legal persons who carry out security activities, except for the Ministry of the Interior, the institutions subordinated to national security authorities, the national armed forces, the Prosecutor's Office, the State revenue service, the prisons administration, corruption prevention and combating Bureau and municipal police operations carried out in accordance with special laws.
3. article. Security guard services guard merchant, on the basis of a written contract, can provide the following security services: 1) providing real estate, freight or other movable property or the value of the security;
2) to ensure the security of physical persons (miesassardz);
3) to ensure the internal security of the apsargājamo objects;
4) to design, install and service a security technical systems;
5) provide advice to the security issues.
4. article. Security activities restrictions (1) guard employee is prohibited from: 1) use security technical systems and substances which are dangerous to human life or health;
2) openly carry firearms and special means, if he is not uniform (uniforms must be distinct from the everyday clothing), except when there is a personal security (bodyguard);
3) use guns for the meeting, the agenda, and other public pickets events;
4) knowingly to guard the person who is going to commit or commits an offence;
5) perform security activities, in the absence of a security certificate, except when guarding the merchant for a period not exceeding three months, has accepted a teaching practice or trainees who licensed education institution learns the security certificate necessary training. Trainee security activities can be performed only on guard employee.
(2) the authority, the operator and the organization that created the internal security service, is prohibited to issue acquisition and possession of firearms authorisation, if these institutions and members of the Organization of the economic operators, managers, persons who occupy managerial positions in government institutions, and employees whose job responsibilities in accordance with the access to firearms and ammunition, arms movement applies statutory weapons and ammunition acquisition, storage and carrying.
(3) the Member State of the European Union or the European economic area country registered security guard Merchant provides security services in Latvia without special permission (license) guarding the operation [hereinafter special permit (license)], if the security guard services, launched in the Member State of the European Union or the European economic area country, are associated with entry into the Republic of Latvia at the time, but not permanent guarding services in the Republic of Latvia.
 
Chapter II security guard merchant article 5. Special permit (license) security operation (1) guarding the merchant security activities may be initiated by special permission (license).
(2) the security operator authorised to provide security services that are specified in the special permit (license).
(3) there are two categories of special permissions (licenses): 1) under the category of special permission (license) guarding the Merchant shall have the right to deal with security technical systems design, installation, maintenance and repair, as well as to provide advice on these issues;
2) according to the category of special permission (license) guarding the Merchant shall have the right to make all the laws mentioned in the security services and security activities in the use of technical security systems.
(4) special permit (licence) issued by the Ministry of Internal Affairs for five years, and it is a valid security operation throughout the country.
(5) special permission (license) to extend the period of validity of five years. Special permission (license) the extension of the validity period, there is no limit on the number of times. The Ministry of the Interior is empowered to issue a special permit (license) where the licence is for the duplicate, damaged, lost or stolen, as well as the issue of a special authorization again (license), if you changed the data specified in the licence for the operator.
(6) the cabinet shall establish specific requirements for special permissions (licenses) and the extension of its validity, the order in which the operator shall issue a special permit (license), its period of validity, be issued a duplicate or repeat special permission (license), revoke the special permission (license), as well as for special permissions (licenses) of the issuing State toll payable and payment arrangements.
(7) the decision on refusal to issue a special permit (license) or to extend its period of validity may be challenged, and to appeal to the administrative procedure law.
6. article. Special permission (license) issued restrictions (1) special permit (license) the security operation is entitled to sole proprietors and foreign companies in which (with the exception of the Member States of the European Union and European economic area countries) an investment in fixed capital does not exceed 50 percent. On the individual merchant or person empowered to represent the company, may be a Member State of the European Union or European economic area nationals who are not punished for committing a crime and who are not mental illness, alcohol, narcotic, psychotropic or toxic substances.
(2) special permission (license) to perform security activities prohibited to issue, if the competent authorities have reason to believe that the sole proprietor or a person entitled to represent the company, running an allegation or a criminal organization or its members, constitutes a threat to national or public security.
(3) the special authorization (license) guarding activity prohibited to issue the operator to which it has been cancelled for violations specified in this law article 7, first paragraph, 1, 2, and 3.
7. article. Special permission (license) (1) cancellation of the special permission (license) is cancelled, if: 1) guarding the merchant activity is directed against the State or the legitimate interests of the public;
2) guarding the merchant violates or does not comply with this Act or other legislation;
3) guarding the merchant knowingly provided false information to obtain a special permission (licence);
4) determined by the law or other court order.
(2) the decision of the special permission (license) the withdrawal can be a challenge and appeal against administrative procedure law.
8. article. Guarding the merchant the right to guard the operator that received a category of special permission (license), have the right to: 1) security activities with State police permission to buy and keep guns, as well as to buy and store special features for the circulation of Weapons in accordance with the procedure prescribed by law;
2) guarding the operation of use and use of firearms and special means in accordance with the procedure laid down in this Act;
3) for radio in use radio frequencies;
4) security activities to use service dogs;
5) security activities in the use of technical security systems.
 
Chapter III of the internal security service article 9. Internal security service registration

(1) the institutions, economic operators and the bodies which carried out the security staff, the Cabinet of Ministers duly recorded in the internal security service of the national police.
(2) for the internal security service registration duty payable to the Cabinet in the order and amount.
(3) where the authority or organisation's security take less than three employees, internal security is not to be registered.
10. article. Internal security staff in institutions, merchant or organization security can make a person who has received a certificate of security and that labour law adopted in the work of the relevant authority, the operator or the organisation.
 
Chapter IV security staff article 11. Security guard certificate (1) security certificate natural person cabinet order shall be issued by the training and qualifications in the quest. The security extension of the period of validity of the certificate is determined by the order of the Cabinet of Ministers.
(2) the security certificate has expired is five years.
(3) the security activities of the qualification test and security certificate, as well as on the security certificate is issued after the expiry of the extension of the paid State fee prescribed by the Cabinet of Ministers and about.
12. article. Security staff guarding the rights of an employee when performing 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) detain the offender or the person who illegally entered the guarded object or try to do it, and immediately put the detainees at national police;
3) check the pass guarded object or a document establishing identity and the need to respect the provisions of the security guard, whose follow-up has asked security staff;
4) 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. When the person asked to display personal items, vehicle or goods, refuse voluntarily to do it or there is a reasonable suspicion that the person has committed or intends to commit an offence, to apprehend the persons concerned and the State immediately to the police.
 
Chapter v physical force, special means and firearms official use of dogs guarding activity article 13. Physical force, special means and conditions of use of service dogs (1) if the perpetrator for his unlawful action poses a real threat to security for the activity of the designated security employee or another person life or health or the guarded object, the security staff after orally expressed alarm about physical force, special means or professional use of dogs may use physical force, special means or service dog, to put an end to the unlawful actions of the offender and bated. Detainees shall immediately be transferred to the national police.
(2) without a warning orally expressed physical force, special means or a service dog may be used, if the offence is related to the violent intrusion of guarded object or with a sudden attack guard employee, another person or a securable object.
(3) if necessary, the detained person against whom physical force is used, a special feature or service, provided the first medical assistance and provide emergency medical call.
(4) the use of physical force, special means or service dog, forbidden to violate the limits of necessary self-defence and cause injury to a person that obviously does not correspond to the crime, disobedience or resistance to nature. Prohibited use of the service dog, if you can stand the other person, to which the service dog is not used.
14. article. Service dog holding (1) making the rounds with a service dog, guarding the employee holds it in and with the muzzle, except for article 13 of this law as provided in.
(2) closed in areas where no human can hold loose dogs, if visible locations posted in clearly legible warning labels.
15. article. Security activities in the use of firearms and special means (1) a security guard can be used for the activity of pusautomātisko in category B, repetitive actions or one shot short firearms, and (B), (C) or (D) the category of smooth-bore firearms long-classified as service firearms.
(2) a security operation guarding the weapons chain employees in accordance with the procedure prescribed by law carry the personal category B semi-automatic, repeating actions or one shot short firearm or service firearm, if the State police issued a permit to carry it. Firearm security service employee is issued only to guard duties.
(3) a security guard to carry out the activity in accordance with the procedure prescribed by law can use special features: gas pistols (revolvers), gas cans, electric shock devices, batons, handcuffs and tie.
(4) article 4 of this law referred to in the third subparagraph, a Member State of the European Union or the European economic area country registered security guard merchant made guarded object security using firearms is subject to national authorisation issued by the competent authority of the firearms and ammunition out of the national security activities of the weapons chain, as well as the law of the State concerned received police permission.
16. article. The use of firearms and the conditions of use (1) the activities of the Security Guard employee may be used a firearm to protect themselves: 1) or another person from the attack, the real threat to human life, health or may cause significant material injury;
2) prevent the illegal attempt to violently take away a firearm;
3) bated offender who surprised, disrupting or otherwise violently upon entering the guarded object or another criminal offence if the offender expresses opposition;
4) make harmless animal that threatens human life, health or property.
(2) the security staff may be used to indicate the presence of a firearm, firing a weapon or frighten animals that endanger human life, health or property.
(3) it is prohibited to apply and use firearms, if their use or may suffer due to the use of another person, against whom the weapon is not directed.
(4) using a firearm, prohibited to overstep the limits of necessary self-defence and cause injury to a person that obviously does not correspond to the crime, disobedience or resistance to nature.
Article 17. Application procedures for firearms (1) of the intention to move the firearm warning, sending warning shots. Without warning a firearm may be used where: 1) attack which endangers human life or health, is sudden;
2) is used in the attack weapons or objects that endanger human life or health, or are used in motor vehicles;
3) attachable person resists using a weapon or object to which other persons are endangered life or health.
(2) If a firearm is used, the security staff will do everything possible to minimize the damage.
(3) for each instance of the use of firearms to the security staff to immediately report to the national police and to their direct supervisor. If the damage to human life, health or property, you must keep intact as possible to the scene, but if there are victims, they must immediately provide first aid and emergency medical call.
 
Chapter VI liability and insurance security activities in article 18. Security is the responsibility of economic operators in the laws in order to compensate third parties for the damage, which he did with his action or inaction.
19. article. Guarding the operator is obliged to insure their civil liability for their actions or inaction resulted in the damage of third parties life and health, and damage to the property of third parties.
20. article. Third party property damage is evaluated pursuant to the principle of compensation according to the law "on insurance contracts". The amount of the claims is determined by agreement between the parties.
21. article. If, due to an accident, damage is caused to several persons and exceeds the insurance contract (policy) defined the limits of liability, the insurance indemnity is calculated for each applicant in proportion to the injury suffered by him to the extent that the total remuneration to be paid shall not exceed the insurance contract (policy) the specified one of the limits of liability claims.

22. article. Guarding the merchant about the existence of compulsory third party insurance to inform the special permissions (licenses) vendor.
23. article. Liability insurance and insurance against civil liability in respect of the minimum limit of liability is determined by the Cabinet of Ministers.
 
Transitional provisions 1. With the entry into force of this Act shall terminate the 1998 October 29 adopted security activities Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 1998, nr. 24; 2001; 2002, 3, no, no; 2003, 13 14 no; 2004, nr. 2, 10; 2005, no. 24).
2. Until the new cabinet from the date of entry into force of the provisions, but no longer than until 31 December 2006 the following cabinet rules: 1) the Cabinet of Ministers on 9 March 1999, Regulation No 104 of the "internal security service registration procedures";
2) the Cabinet of Ministers of 25 September 2001, Regulation No 417-"security activities licensing regulations";
3) Cabinet of 27 December 2002, Regulation No 584 of the "provisions on the security certificate is issued to natural persons."
3. The Cabinet of Ministers by 31 December 2006 adopted this law referred to in article 23 legislation.
4. This law, 19, 20, 21 and 22 shall enter into force on 1 January 2007.
 
Informative reference to European Union directives, the law includes provisions resulting from: 1) of the European Parliament and of the Council of 22 June 1998, Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations;
2) of the European Parliament and of the Council of 20 July 1998 Directive 98/48/EC, amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations.
The Parliament adopted the law of 11 May 2006.
 
State v. President Vaira Vīķe-Freiberga in Riga on May 30, 2006 Editorial Note: the law shall enter into force on 13 June 2006.