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Of Private Detective And Security Activities In The Russian Federation

Original Language Title: О частной детективной и охранной деятельности в Российской Федерации

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A for the Russian Federation On the private detective and security activity (In the edition of federal laws dated 21.03.2002 N 31-FZ; of 10.01.2003 N 15-FZ; of 06.06.2005 N 59-FZ; dated 18.07.2006 N 118-FZ; of 24.07.2007 N 214-FZ; of 22 December 2008 N 272-FZ; of 25.11.2009 N 267-FZ; of 27.12.2009 N 374-FZ; dated 27.12.2009 N 379-FZ; of 15.11.2010 N 298-FZ; of 15.11.2010 N 301-FZ; of 07.02.2011 N 4-FZ; as of 1 July 2011 N 169-FZ; of 03.12.2011 N 389 FZ; 2/07.2013 N 185-FZ; of 05.05.2014 N 126-FZ; dated 23.06.2014 N 158-FZ; dated 21.07.2014 N 210-FZ; 31.12.2014 N 534-FZ; dated 13.07.2015. N 230-FZ) P A E L I General Article 1. Private detective and security activities This Law defines private detective and security activities as the provision of services to natural and legal persons with special services on a contractual basis Authorization (licence) of the internal affairs bodies of organizations and individual entrepreneurs, in order to protect the legitimate rights and interests of their clients. (In the wording of Federal Law No. N 272-FZ ) Citizens engaged in private detection and protection activities are not subject to laws that enshrinte the legal status of law enforcement officials. Citizens engaged in private detective work are not entitled to carry out any operative-search activities which are attributed by the law to the exclusive competence of the bodiesto which such a right has been granted. (In the wording of Federal Law No. N 272-FZ) Foreign nationals, citizens of the Russian Federation, citizens of a foreign State, foreign legal entities, as well as organizations with participants (participants) Citizens and individuals may engage in private detective and security activities and (or) participate in any form of implementation, including the management of a private security organization, only on the basis and within the framework provided for in the Convention. OF THE PRESIDENT OF THE RUSSIAN FEDERATION (Part of padded-Federal Law of 22 December 2008 N 272-FZ) Article 1-1. Key concepts For the purposes of this Law, the following basic concepts are used: 1) a private security organization (hereinafter referred to as a security organization), an organization specifically established to provide A private security guard is a private citizen of the Russian Federation who has reached the age of 18, who has attained the age of 18 years. Vocational training to work as a private security officer who has surrendered A qualification examination, which has been granted in accordance with the procedure established by this Act, a private security officer and an employment contract with a security organization; (In the wording of the Federal Law dated 02.07.2013 N 185-FZ) 3) A private security guard document-a document authorizing a private security guard to work under an employment contract with a security organization for security services; 4) A private investigator, a citizen of the Russian Federation, registered as an individual entrepreneor, who has been licensed to carry out private detective (detective) activities in accordance with this Law Services provided for in article 3, paragraph 2, of this Law; 5) security objects-immovable objects (including buildings, structures, structures), movable things (including vehicles, goods, money, securities), including transportation; 6) intrabuilding mode- A procedure established by a customer or a customer that is not contrary to the legislation of the Russian Federation, brought to the attention of the staff and visitors of the security facilities and provided by a set of activities and regulations carried out by persons in in accordance with the rules of the [ [ order]] and [ [ fire safety]] requirements; (7) the crossing regime established by the customer or by the customer, not contrary to the legislation of the Russian Federation, brought to the attention of the personnel and visitors of the security facilities and the totality of activities and rules that exclude the uncontrolled entry (exit) of persons, the entry (exit) of vehicles, the entry (s), the import (export) of the equipment into the security facilities (from security facilities). (Article padded-Federal Law dated 15.11.2010. N 301-FZ ) Article 2. The legal basis for private detective and security activity The legal basis for private detective and protection activities is the Constitution of the Russian Federation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 22.12.2008 N 272-FZ) Article 3. Types of security and safety services (In the wording of Federal Law No. N 272-FZ) Private detection and protection activities are carried out for security and safety. The following types of services are allowed to be served: 1) collection of civil cases on a contractual basis with process participants; 2) market research, gathering information for business negotiations, Identifying uncreditworthy or unreliable business partners; (3) establishing the circumstances of misuse in the business of firm signs and names, unfair competition, and disclosure details of a trade secret; 4) clarification Biographical and other identification of individual citizens (with their written consent) in their conclusion of labour and other contracts; 5) search for missing persons; 6) the search for lost citizens or enterprises, institutions, organizations of property; 7) to collect information on criminal cases on a contractual basis with the participants in the process. Within 24 hours from the conclusion of the contract with the client for the collection of such information, the private investigator must inform in writing the person conducting the inquiry, the investigator or the court in whose production the criminal case is located; (B Federal Law of 24.07.2007 N 214-FZ) 8) search for a person who is a debtor in accordance with an executive document, his property and a child's search for an executive document containing a request for removal or transfer A child, a procedure for communicating with a child, a request for the return of a child unlawfully transferred to the Russian Federation or a child being held in the Russian Federation or for the exercise of the right of access under an international treaty OF THE PRESIDENT OF THE RUSSIAN FEDERATION The paragraph is supplemented by the Federal Law of 3 December 2011. N 389 to FZ) (In the wording of the Federal Law of 05.05.2014, No. N 126-FZ ) For security purposes, the following types of services are allowed: 1) protection of life and health of citizens; 2) protection of objects and (or) property (including its (a) In the case of the "development" or "production" of: Federal Act from 22.12.2008 N 272-FZ )3) protection of installations and (or) property on objects with the design, installation and maintenance of security equipment, the list of which is established The Government of the Russian Federation, and (or) with appropriate response measures to their advance information; (Federal Law from 22.12.2008 N 272-FZ) 4) advise and prepare recommendations to clients on legitimate protection against unlawful attacks; 5) ensuring order in the mass events of the ; 6) provide in-camera and pass-through modes at sites except those provided for in paragraph 7 of this Part; (Paragraph added: Federal Law 7) protection of objects and/or property, as well as provision of intra-facility and gate modes at facilities where the requirements are mandatory Anti-terrorism protection, with the exception of facilities provided for under article 11, paragraph 3, of this Law. The paragraph is supplemented by the Federal Law of 22 December 2008. N 272-FZ) (In the wording of Federal Law of 31.12.2014). N 534-FZ) In the procedure established by the Government of the Russian Federation, private security organizations have the right to assist law enforcement agencies in Enforcement of law and order, and private detectives have the right to assist law enforcement agencies in the prevention and detection of crime, the prevention and suppression of administrative offences. (...) (...) N 272-FZ)Natural and legal persons who do not have the legal status of a private investigator, private security guard or private security organization are prohibited from providing the services provided for in this article. (...) (...) N 272-FZ) P A E L II Private detective (detective) activity Article 4. (Spconsumed by Federal Law of 15.11.2010) N 301-FZ) Article 5. Acts of private detectives The private investigator may conduct an oral survey of citizens and officials (with their consent), inquiry, examination of objects and documents (with the written consent of their owners), external examination facilities, premises and other facilities, monitoring to obtain the necessary information to provide the services listed in article 3, paragraph 1, of this Law. It is possible to use video and audio recordings, film and photography, technical and other means that do not harm the life and health of citizens and the environment, OF THE PRESIDENT OF THE RUSSIAN FEDERATION N 272-FZ) In carrying out its activities, the private investigator is required to comply with the legislation of the Russian Federation with respect to the protection of information affecting the personal life and property of citizens. (...) (...) N 272-FZ) Article 6. Provision of licenses to private detectives (In the wording of Federal Law of 22 December 2008). N 272-FZ) The licensing of private detective work shall be granted by the internal affairs agencies. The licence is granted for a term of five years and is valid throughout the territory of the Russian Federation. The decision to grant or not to grant a licence shall be made for a period not exceeding forty five days. The Government of the Russian Federation has adopted a regulation on the licensing of private detective activities, which establishes the licensing procedure for this activity and the list of licensing requirements. (In the wording of the federal laws of 22 December 2008, N 272-FZ; 31.12.2014 N 534-FZ) A citizen claiming a licence to carry out private detective work must personally submit a statement to the relevant body of the domestic case file indicating it surname, first name and (if any), the State registration number of the State registration of the individual entrepreneor and the document confirming the fact of the registration of the individual entrepreneor in the Single State Register of Individual Entrepreneurs The intended Territory of private detective work and the following documents: (Federal Act No. N 272-FZ ) proforma; photographs; medical opinion about the absence of medical contraindications for private detective work; (In the wording of Federal Law dated 13.07.2015 N 230FZ documents confirming its nationality, having an average professional legal education or higher legal education, or vocational training to work in The quality of a private investigator, or at least three years ' experience in operational or investigative units; (In the federal laws from 22.12.2008 N 272-FZ; dated 02.07.2013. N 185-FZ) details of the technical requirements and the intention to use them. (In the wording of Federal Law No. N 272-FZ) The internal affairs authorities are entitled to establish the validity of the information contained in the documents submitted for the issuance of a licence, including by interviewing a citizen on its receipt, as well as requesting relevant law enforcement, licensing, regulatory and supervisory authorities. (In the wording of Federal Law No. N 272-FZ) License is not provided: (In the wording of Federal Law 22.12.2008 N 272-FZ ) (1) citizens who have not reached the age of twenty-one years; (2) citizens who are registered with the health authorities for mental illness, alcoholism or drug addiction; 3) to citizens; A criminal record for an intentional offence; 4) citizens charged with a crime (pending the determination of their guilt in accordance with the law); 5) of public service, judicial, prosecutorial and other Law enforcement agencies on their grounds; 6) former law enforcement officials who control private detective and security activities, if they have not been dismissed from the day of their dismissal; 7) citizens who have not submitted the documents listed in Part Two of this Article,; 8), for which, following a test conducted in accordance with the law, OF THE PRESIDENT OF THE RUSSIAN FEDERATION The implementation of private detective activities in connection with the increased risk of violation of citizens ' rights and freedoms, the emergence of a threat to public safety, prepared in accordance with the procedure established by the Government of the Russian Federation and approved by the Government of the Russian Federation. Head of the Commissioner for the implementation of actions for the licensing of private detective activities of the federal executive branch, which is responsible for matters of internal affairs, his deputies or the minister Internal Affairs, Head of Administration (General Administration) Internal affairs on the subject of the Russian Federation or persons acting as such officials; (Paragraph added-Federal law from 22.12.2008 N 272-FZ )9) citizens who have not been legally registered. The paragraph is supplemented by the Federal Law of 22 December 2008. N 272-FZ) (Part Five is excluded, Parts 6 and 7 are respectively Parts 5 and 6-Federal Law dated 10.01.2003 N 15-FZ) If a licence is refused, the internal affairs authority is obliged to inform the citizen issuing the application in writing, stating the reasons for the refusal. This decision or the violation of the time limit for the consideration of the application may be appealed to the higher authority of the internal affairs or the court. A citizen who has been licensed to carry out private detective activities is issued a private detective's identity card at the same time. (...) (...) N 272-FZ ) Internal affairs authorities exercise the following authority to license private detective activities: 1) granting the licence and issuing the certificate a private detective; 2) redesigning the license documents; 3) suspending and renewing the license in the cases established by this Law; 4) maintaining the license registers and providing information from them; 5) State control over the compliance of licensees with licensing requirements; (In the wording of Federal Law of 31.12.2014) N 534-FZ) 6) to apply to the court for suspension of the licence or revocation of the licence; 7) termination of the licence if the licensee issued a written statement of termination Implementation of this activity. (Part added-Federal Law of 22 December 2008 N 272-FZ)The private detectives are subject to the procedure established by this Law for the licensing of private security activities by suspending licenses and cancellations of licenses, registration, and The redesign of the documents confirming the existence of the licence. (Part of padded-Federal Law of 22 December 2008 N 272-FZ) The provisions of the legislation of the Russian Federation apply to the relations relating to licensing and not regulated by this Law. (Part of padded-Federal Law of 22 December 2008 N 272-FZ) The gross violations of private detective work are considered to be: (1) licensees by the licensees in the course of actions that violate citizens ' rights. Inviolability of the home, privacy of correspondence, telephone conversations, postal, telegraphic and other communications; (2) by license-banned services using prohibited technology; 3) a licensee for the purposes of a service not provided for in article 3, paragraph 2, of this Law or without the contract provided for in article 9 of this Law; 4) failure to ensure the access of the officials of the licensing authority to their verification activities as provided for in article 20 of this Law; to the storage location of the technical tools and/or service documentation. 22.12.2008 N 272-FZ ) The Government of the Russian Federation determines the list of diseases preventing private detective work from being carried out. Medical examination of medical contraindications for the conduct of private detective work, including chemical toxicological studies of the presence of narcotic drugs in the body, of psychotropic substances and their metabolites, and the form of medical advice on the absence of medical contraindications to the conduct of private detective work shall be established by the federal executive authority exercising the functions of public policy and regulatory frameworks Health care regulation. (Part of the addition is the Federal Law of 13 July 2015. N 230-FZ) Private detectives are required to report annually to the internal affairs authority, which has issued a licence to carry out private detective work, medical advice on the absence of medical facilities to the private detective work. (Part of the addition is the Federal Law of 13 July 2015. N 230-FZ) Article 7. Private investigator restrictions Private detectives forbid: 1) to hide from law enforcement agencies the knowledge that they are preparing for, committed or committed Crimes; (In the wording of Federal Law of 22 December 2008) N 272-FZ ) 2) to impersonate law enforcement personnel; 3) to collect information related to personal life, political and religious convictions of individuals; 4) to carry out video and audio, photo and filmmaking in offices or other premises without the written consent of the relevant officials or individuals; 5) to resort to actions that impinge upon the rights and freedoms of citizens; 6) to take action, endangering life, health, honour, dignity and property citizens; 7) falsify material or mislead a client; 8) to disclose information collected during the performance of the treaty obligations, including information relating to issues To protect the life and health of citizens and (or) protection of the property of the customer, to use them for any purpose contrary to the interests of the customer or in the interests of third parties, except on the grounds provided by the legislation of the Russian Federation; (B) Federal Law from 22.12.2008 N 272-FZ ) 9) transfer its license for use by others; 10to use documents and other information derived from the implementation (...) (...) N 272-FZ 11) to receive and use information contained in special and analytical databases of intelligence agencies operating in violation of order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION The paragraph is supplemented by the Federal Law of 22 December 2008. N 272-FZ The conduct of rash acts violating the privacy of correspondence, telephone conversations and telegraphic communications, or related to the violation of security of person or home, entails The legally established responsibility. Spying activities must be the main activity of a private detective, combining it with the public service or the municipal service, or with the replacement of elected paid office in a public association is not allowed. (Part of the addition is the Federal Law of 15.11.2010). N 301-FZ) Article 8. (Overtaken by the Federal Law of 22 December 2008. N 272-FZ) Article 9. { \cs6\f1\cf6\lang1024 } The{ \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b} { \b} target="contents "title=" > from 22.12.2008 g. N 272-FZ) A private investigator is required to conclude a written contract with each of its customers in order to record information about the contracting parties, including: The number and date of the license, the type and content of the services provided, the period of their delivery, the cost of services or the order of its determination. (...) (...) N 272-FZ )The contract for the delivery of wet services and the act of carrying out works shall be stored for five years. (...) (...) N 272-FZ (Part Three is no more effective-Federal Law of 22 December 2008 N 272-FZ) (Part Four was lost-Federal Law of 22 December 2008). N 272-FZ) (Part of the fifth loss is due to Federal Law of 22 December 2008). N 272-FZ) Article 10. (Deleted-Federal Law of 10.01.2003) N 15-FZ) P D E L III Private security activity Article 11. The provision of security services The provision of services listed in Part 3 of Article 3 of this Law is permitted only to organizationsspecifically established for their execution and licensed, issued by the internal affairs agencies. (In the wording of Federal Law No. N 272-FZ ) About the beginning and end of the provision of security services, modification of the membership of the private security company is obliged to notify the internal affairs agencies in accordance with the procedure established by the Government of the Russian Federation. (...) (...) N 272-FZ Private security does not apply to public security and protected facilities provided for by Federal Act No. 57 of 27 May 1996 on State protection; and In addition to the facilities, the list of which is approved by the Government of the Russian Federation. The security organizations are allowed to provide services in the form of armed security of property in the order established by the Government of the Russian Federation. THE RUSSIAN FEDERATION Technical and other means that do not harm the life and health of citizens and the environment, the means of operational radio and telephone communications. In the wording of the federal laws dated July 18, 2006. N 118-FZ; of 22.12.2008 N 272-FZ; 31.12.2014 N 534-FZ) (Part Four is excluded, Part 5 is considered to be part four-Federal Law 10.01.2003 N 15-FZ) It is prohibited to protect property in the territories of closed administrative-territorial entities, as well as the acquisition and use of weapons by private security organizations; Registered and/or located on their territories. (...) (...) N 272-FZ) (Parts 6 and 7 are deleted; Part VIII is considered to be part of the fifth-Federal Law 10.01.2003 N 15-FZ) (Part of the fifth loss is Federal Law of 22 December 2008) N 272-FZ) Provision of security services for the protection of transport infrastructure facilities and vehicles against unlawful interference is subject to the requirements of Russian legislation. Federation on Transport Security. (Part of the addition is the Federal Law of 31.12.2014). N 534-FZ) Article 11-1. The legal status of a private guard The right to acquire the legal status of a private security guard is granted to citizens who have been trained to work as a private security guard and surrendering The qualification examination is confirmed by the certification of the private security officer. The procedure for the qualification examination and the issuance of a private security certificate is established by the Government of the Russian Federation. The private security guard works under an employment contract with a private security organization and its work is governed by labour law and by this Act. A private security guard, according to the qualifications obtained, shall enjoy the rights provided for in this Law only during the period of his or her employment as an employee of a private security organization. (In the wording of the federal laws of 22 December 2008, N 272-FZ; dated 02.07.2013. N 185-FZ) It is not entitled to acquire the legal status of a private security guard: 1) non-nationals of the Russian Federation; (2) under eighteen years of age; 3) recognized by a decision of a court incapacitated or incompetent; 4) who did not submit a medical certificate concerning the absence of medical contraindications to the duties of a private security guard; (In the wording of Federal Law dated 13.07.2015 N 230FZ) 5) have a criminal record for an intentional crime; 6) who have been charged with a crime (pending the determination of their guilt in the manner prescribed by law); 7) not trained to work as a private security guard; (Paragraph added: Federal Act of 22 December 2008. (...) (...) N 185-FZ)8) for which, following an inspection conducted in accordance with the laws of the Russian Federation, there is an opinion on the impossibility of admission to private security OF THE PRESIDENT OF THE RUSSIAN FEDERATION Implementation of the licensing of private security activities The federal executive branch, which is responsible for matters of internal affairs, his deputies or the Minister of the Interior, the head of the Department of Internal Affairs (the main department) of the Russian Federation or by persons acting as acting officials; (Item added to the Federal Act, of 22 December 2008). N 272-FZ ) 9) who terminated the powers of public office or dismissed from the public service, including law enforcement agencies, prosecutors, the judiciary, on the grounds that OF THE PRESIDENT OF THE RUSSIAN FEDERATION such early termination or dismissal is less than Three years; (the paragraph is supplemented by the Federal Law of 22 December 2008). N 272-FZ ) 10) whose private security certificate has been revoked on the grounds referred to in paragraph 1 of part four of this article, if less than a year has passed since the decision to annul it; Federal Law of 22 December 2008 N 272-FZ ) 11) failed state fingerprinting registration in accordance with the procedure established by the legislation of the Russian Federation; (Paragraph added-Federal law from 22.12.2008 N 272-FZ) 12) retried in one year for administrative offences against management, administrative offences, infringing upon the institutions of State authority or public order and public safety, or administrative offences in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, of plants containing narcotic drugs or psychotropic substances or their Precursors or their parts containing narcotic drugs or psychotropic substances or their precursors, except for administrative offences involving the use of narcotic drugs or psychotropic substances without the appointment of a doctor, The end of the period during which a person is deemed to have been subjected to administrative punishment; (Paragraph added is the Federal Law of 23 June 2014). N 158-FZ13) subjected to administrative punishment for the consumption of narcotic drugs or psychotropic substances without the appointment of a doctor, until the end of the period in which a person is deemed to have been subjected Administrative punishment. (The paragraph is amended by the Federal Law of 23 June 2014). N 158-FZ The identity of a private security guard is issued for a period of five years. The validity of a private security guard's certificate may be extended in accordance with the procedure established by the Government of the Russian Federation. Extension of the validity of a private guard's certificate shall not be extended until after vocational training has been completed for the training of private security officers in the organizations referred to in Article 15-2 of this Law. (Part of padded-Federal Law of 22 December 2008 N 272-FZ) (In the wording of Federal Law No. N 185-FZ)The identity of a private security guard is annuled in case of: 1) involving a private security guard against administrative responsibility for the consumption of narcotic drugs or psychotropic substances without the appointment of a doctor or re-engagement of a private security guard within one year of administrative responsibility for administrative offences against the administration, administrative offences against institutions public administration or public order and public Security or administrative offences relating to trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, plants containing narcotic drugs or psychotropic substances or their precursors, that contain narcotic drugs or psychotropic substances or their precursors, except for administrative offences involving the use of narcotic drugs or psychotropic substances without the appointment of a doctor; dated 23.06.2014 N 158-FZ) 2) circumstances in which a citizen cannot claim the legal status of a private security guard; 3) the expiry of a private security certificate, voluntary waiver from this identity card or the death of a citizen to whom such a card was issued. (Part added-Federal law The identity of a private security guard is annulled by the decision of the internal affairs authority. The procedure for its removal is established by the federal executive authority responsible for matters of internal affairs. (Part of padded-Federal Law of 22 December 2008 N 272-FZ For the issuance of a certificate (duplicate) of a private security guard, as well as the redesign and modification of a private security guard, the State duty is paid In the case of the Russian Federation, the Republic of Korea is a party to the Convention on the Law of the Sea. (Part added-Federal law of 27.12.2009 N 374-FZ) The Government of the Russian Federation determines the list of diseases that impede the performance of the duties of a private security guard. Medical examination of medical contraindications for the performance of the duties of a private security guard, including chemical toxicological studies of the presence of a person in the body of narcotic drugs, of psychotropic substances and their metabolites, and the form of medical advice on the absence of medical contraindications to the duties of a private security guard are established by the federal executive authority responsible for the development of public policy and regulatory framework Health. (Part of the addition is the Federal Law of 13 July 2015. N 230-FZ) N 59-FZ) Article 11-2. Licensing of private security activities The granting of licences for private security activities is carried out by the internal affairs agencies. The licence is granted for a period of five years and applies throughout the territory of the Russian Federation. The licence specifies the type (s) of security services that may be provided by the licensee. The decision to grant or not to grant a licence shall be made for a period not exceeding forty five days. The Government of the Russian Federation has adopted a regulation on the licensing of private security activities, which establishes the licensing procedure for this activity and the list of licensing requirements for each type of activity. The protection services provided for in article 3, paragraph 3, of this Law. (In the wording of the Federal Law of 31.12.2014) N 534-FZ) The Internal Affairs Authorities exercise the following powers in the area of private security licensing: 1) granting a licence; 2) redesigning documents confirming availability License; 3) suspension and renewal of the licence in the cases established by this Law; 4) maintenance and provision of license registers; 5) State control compliance by licensees of licensing requirements, as well as OF THE PRESIDENT OF THE RUSSIAN FEDERATION 31.12.2014 N 534-FZ) 6) to apply to the court for suspension of the licence or revocation of the licence; 7) termination of the licence if the licensee issued a written statement of termination Implementation of this activity. (Article added: Federal Law of 22 December 2008 N 272-FZ Article 11-3. Provision of licences to legal entities for private security activities To obtain a licence to carry out private security activities, the head of an organization is required to submit to the appropriate authority internal affairs: 1) application for a private security licence, which specifies the full name of the legal person, its organizational and legal form, the location of the legal person, the alleged location (expected) type (s) of security services, intention to use technical and other means, weapons, special tools and the need for them; (2) documents for each type of protection provided by the provision for the licensing of private security; (3) a document confirming Payment of the State fee for the granting of the licence. Can be enclosed with: 1) a copy of the constituent documents; 2) copy of the certificate of state registration of legal entity; 3) copy of the certificate of registration in tax Organ. (Part of the Federal Law of 1 July 2011) N 169-FZ) If the documents referred to in paragraphs 2 and 3 of Part Two of this article are not represented by the head of the organization, the federal authority's interdepartmental request for the internal affairs The executive branch, which exercises State registration of legal entities, individuals as individual entrepreneurs and peasant (farming) households, provides information confirming that legal information has been provided. to a single State Register of Legal Persons, and a federal body The executive branch, which is responsible for monitoring and supervising compliance with the legislation on taxes and fees, provides information confirming the placement of a legal entity in the tax authority. (Part of the addition is the Federal Law of July 1, 2011. N 169-FZ) The procedure and conditions for the submission of documents to internal affairs bodies shall be established by the Government of the Russian Federation in the regulation on the licensing of private security activities. Copies of documents not authenticated in due course are presented with the originals. The Internal Affairs authorities are obliged to establish the veracity of the information contained in the documents submitted and the annexes thereto. The reason for refusing a license is that the license applicant does not comply with the licensing requirements. (In the wording of the Federal Law of 31.12.2014) N 534-FZ) (Article padded-Federal Law of 22 December 2008 N 272-FZ) Article 11-4. Re-processing of the document confirming the existence of a licence to implement a private security activity Document confirming the existence of a licence to carry out private security activities reformatting in the case of: 1) license extension; 2) the intent of the licensee to implement the new (new) security services not specified (not specified) in the license granted; 3) reorganization security organization; 4) name changes the security organization or its location. If the licence or intent of the licensee is extended, a new (new) security service type (s) shall be submitted and the documents for this type of service under the licensing provision shall be submitted. Private security. In case of reorganization of the security organization or change of its name or location, the security organization within fifteen days from the date of the corresponding changes to the single state register of legal entities or from the date of change of its place of residence, it is the duty of the internal affairs authority which issued the licence to apply. In order to consider the application, the documents supporting the said circumstances are required. In the event that the documents confirming the reorganization of the security organization or the change of its name or location are not submitted by the applicant on their own, the federal body's interdepartmental request for internal affairs State registration of legal entities, individuals as individual entrepreneurs and peasant (farm) holdings, provides information confirming the fact that the persons concerned have been registered. Information on a legal person in a single State register of legal entities. At the same time, within three days from the date of submission of the application for state registration to the registering body, related to the reorganization of the security organization, or with the change of its name or location, the security organization is in order, The statutory provision for the licensing of private security activities is required to notify the issuing authority of the internal affairs authority. (In the wording of the Federal Law of 1 July 2011, N 169-FZ) The issuance of a licence for private security shall be effected in the manner prescribed for the granting of a licence for a period of not more than thirty days. The license action is not suspended during the redecorating period. (Article added: Federal Law of 22 December 2008 N 272-FZ Article 11-5. Suspension of the licence and revocation of the licence The Home Affairs Authority may suspend the licence in the event of repeated violations or grave breaches of licensing requirements by the licensee, The present report is contained in the annex to the present report. At the same time, the period of removal of the identified violations, which has caused the suspension of the licence, shall be fixed, which may not be more than a month. The suspension of a licence for non-gross repeated violations of licensing requirements is not permitted without prior written warnings by the licensee and without the time being granted for the violations to be remedied. (In the wording of the Federal Law of 31.12.2014) N 534-FZ) If the licensee does not eliminate the licensing requirements in the prescribed period, the internal affairs authority must apply to the court for suspension of the licence for a period of up to six months or both. Revocation of the license. (In the wording of the Federal Law of 31.12.2014) N 534-FZ) The license for suspension is not extended. A licence may be revoked by a court decision on the basis of an application of the internal affairs authority in case a licensee's infringement of licensing requirements entailed a violation of rights, lawful interests, damage to health Russian citizens, the defence and security of the State, the cultural heritage of the peoples of the Russian Federation and, in the event of the failure to remove the licensee, within the prescribed period of the detected violations. (In the wording of the Federal Law of 31.12.2014) N 534-FZ) At the same time, the internal affairs agency is entitled to suspend the licence pending the entry into force of the court's decision. The right to decide on the suspension of a licence is granted in the manner prescribed by the Government of the Russian Federation, the head of the federal executive authority responsible for the internal affairs of the Russian Federation. Cases, his deputies, the head of the authorized official for the enforcement of activities for the licensing of private security activities of the federal executive branch, his deputies or the Minister of Internal Affairs, the head of the department Management of Internal Affairs by subject OF THE PRESIDENT OF THE RUSSIAN FEDERATION The decision to suspend the licence or to revoke the licence may be appealed in accordance with the procedure established by the legislation of the Russian Federation. The gross violations of private security activity are considered to be: 1) a violation in the security organization of the rules of arms trafficking established by the law of the Russian Federation, if such violation: resulted in the loss, theft of weapons or their use for criminal purposes; expressed the surrender of a weapon to an employee of a security organization who did not have permission to possess and carry a service weapon or a person who is not of this protection organization; 2) security breach The organization of rules on the circulation of weapons and/or special means established by the legislation of the Russian Federation, if such violation entailed a violation of rights, lawful interests, damage to the health of citizens or other serious offences. Effects; 3) to provide a licensee of security services in the form of armed protection of property without the conclusion of the relevant treaty or without notifying the internal affairs agencies of the commencement of security services, as well as the provision of a licensee security services, using special facilities without appropriate means The contract and without notifying the internal affairs agencies of the commencement of security services; 4) to provide a licensee of services not provided for under its licence or services not provided for in article 3, paragraph 3, of this Law; 5) failure to ensure access by officials of the internal affairs authority during their verification activities under article 20 of this Law to the place where weapons, special tools and (or) official documents are stored; Reflecting the recording and use of weapons and/or special means, or Obstruction of such access. (Article added: Federal Law of 22 December 2008 N 272-FZ Article 11-6. Maintenance of license registers Maintenance of registers of licences for private security activities and the provision of information from them shall be carried out in accordance with the procedure established by the Government of the Russian Federation. (Article supplemented-Federal Law of 22 December 2008 N 272-FZ) Article 12. Additional conditions for private security activities (In the revision of Federal Law Employees of a private security organization are not allowed to combine protection activities with the public service or elected paid positions in public associations. (...) (...) N 272-FZ)An employee of a private security company may not be a founder (participant), leader or other official of the organization with which the private security organization has entered into a contract for Provision of security services. (...) (...) N 272-FZ) In the case of security services using video surveillance, as well as provision of security services in the form of security of the inside and (or), the personnel and visitors of the security facility should be is informed about this by posting relevant information in places that provide guaranteed visibility during daytime and night time to the entrance to the protected area. This information should contain information about the conditions of the internal object and the gate modes. (...) (...) N 272-FZ) The security services contracts with clients for the provision of security services are implemented in accordance with the provisions of article 9 of this Law, with the treaty attached OF THE PRESIDENT OF THE RUSSIAN FEDERATION (In the wording of the federal laws of 10 January 2003, N 15-FZ; of 22.12.2008 N 272-FZ) The security activities shall be subject to the restrictions imposed by article 7 of this Law. The security guards are not allowed to use the raw methods. A person who has committed an unlawful encroachment on protected property or violating intracopric and (or) gate modesmay be detained by a security guard at the scene of the offence and must be transferred immediately to the internal affairs authority (police). In the wording of the federal laws dated July 18, 2006. N 118-FZ; dated 07.02.2011 N 4-FZ; dated 31.12.2014 N 534-FZ) Mandatory requirement is that employees of a private security company providing security services, a personal card of the security officer issued by the internal affairs authorities in accordance with the procedure established by the law The federal executive authority, which is responsible for matters of internal affairs. Employees of a private security organization have the right to provide security services in special uniforms, unless otherwise stipulated in the contract with the employer. The provision of special uniforms by employees of the private security company should enable them to determine their affiliation with a specific private security organization. Special uniforms and distinctions of employees of private security organizations may not be similar to uniforms and insignia of law enforcement and military personnel, as well as similar to the degree of blending. The procedure for wearing special uniforms for the provision of various types of security services is established by the Government of the Russian Federation. (Part of padded-Federal Law of 22 December 2008 N 272-FZ)Special coloring, information signs and signs on vehicles of private security organizations are subject to approval by the internal affairs authorities in accordance with the procedure established by the Government of the Russian Federation. (Part of padded-Federal Law of 22 December 2008 N 272-FZ Private security guards are required to undergo an annual medical examination on the presence or absence of diseases that impede the performance of the duties of a private security guard. Medical reports on the absence of medical contraindications to the duties of a private security guard are transferred by a private security organization to the internal affairs authority, which has issued a private security licence. (Part of the addition is the Federal Law of 13 July 2015. N 230-FZ) Article 12-1. Provision of intra-object and bandwidth security facilities Under a security services contract concluded by a security company with a customer or customer, private Security guards, while ensuring the intra-site and gate regime within the security facility, as well as in the transportation of protected goods, money and other property, have the right: 1) to require personnel and visitors of objects The protection of the observance of the internal and gate regimes. The rules concerning the observance of the inside objects and the flow regimes established by the customer or the customer should not contradict the legislation of the Russian Federation; 2) to allow the admission of persons to security installations on which is established At the time of their presentation of the documents authorizing the entry (exit) of persons, the entry (exit) of the vehicles, the entry (removal), the import (export) of the equipment into the security facilities (from security facilities); 3) OF THE PRESIDENT OF THE RUSSIAN FEDERATION The number of vehicles entering the security facilities (leaving the security facilities), except for the operational services of the State paramilitary organizations, in the event of suspicion that the above mentioned Vehicles are used for unlawful purposes, as well as an inspection of the security facilities (subject to protection) of the property. The inspection of these vehicles and property shall be carried out in the presence of the drivers of the above-mentioned vehicles and of the persons accompanying the vehicles and equipment specified; 4) use physical force, special forces, etc. of the Russian Federation; and firearms and firearms in the cases and procedures established by the legislation of the Russian Federation; 5) to assist law enforcement agencies in the task entrusted to them. Private security guards ' actions on security objects are governed by a private security guard's job at the security facility. The model requirements for a private security guard post at the security site are approved by the federal executive authority responsible for matters of internal affairs. An instance of a private security guard post at a security facility is required to be sent to the internal affairs authority at the location of the relevant security facility. (In the wording of the Federal Law of 31.12.2014) N 534-FZ) Private security guards are required to use the private security guard's instruction at the security facility; (B Federal Law of March 31, 2014. N 534-FZ)2) comply with the constitutional rights and freedoms of the individual and the citizen, the rights and legitimate interests of natural and legal persons; 3) to protect the protection of the protection from unlawful Infractions; 4) immediately inform the head of the private security organization and the relevant law enforcement agencies of the reported or committed crimes, as well as actions, The circumstances that pose a threat to human security at security sites; 5) to produce, at the request of law enforcement officials, other citizens, the identity of a private security guard. Private security guards are prohibited from impeding the legitimate actions of law enforcement and regulatory officials in the exercise of these officials ' activities. supplemented by Federal Law of 15.11.2010. N 298-FZ) A A D E L IV (Spconsumed by Federal Law of 22 December 2008). N 272-FZ) Article 13. (Spconsumed by Federal Law of 22 December 2008) N 272-FZ) Article 14. (Spconsumed by Federal Law of 22 December 2008) N 272-FZ) Article 15. (Spconsumed by Federal Law of 22 December 2008) N 272-FZ) SECTION IV-1 PRIVATE SECURITY REQUIREMENTS AND PRIVATE DETECTION OF PRIVATE DETECTED AND PRIVATE SECURITY PROCESSES ORGANIZATIONS (Section added-Federal Law of 22 December 2008 N 272-FZ) Article 15 -1. The requirements for private security organizations The private security organization can only be created in the form of a limited liability company and cannot engage in activities other than security. The authorized capital of a private security company cannot be less than 100,000 rubles. The charter capital cannot be less than two hundred and fifty thousand for a private security organization providing (deliberate) services for the armed protection of property and/or services provided for in paragraph 3 of article 3, paragraph 3, of this Law -Ruble. The limit value of property (non-monetary) deposits in the authorized capital of a private security organization cannot be more than 50 per cent of the size of the authorized capital. It is not possible to use the private security company's authorized capital. The charter capital of a private security organization by foreign citizens, citizens of the Russian Federation, citizens of a foreign state, stateless persons, foreign legal entities, and The organizations, which are members of the founders (participants) of which the citizens and persons are present, are prohibited, unless otherwise provided by the international agreements of the Russian Federation. Contribution by the founder (participant) of the private security organization, which resulted in the share capital (contribution) with foreign participation, is not permitted, unless otherwise provided by international treaties of the Russian Federation. A private security organization cannot be a subsidiary of an organization that does not operate except a security guard. For the founder (participant) of a private security organization this activity should be the main activity. The right to establish a private security organization by a legal entity engaging in activities other than a security guard may be granted if there are sufficient grounds in accordance with the procedure established by the Government of the Russian Federation. The branch of a private security organization may be established only in the constituent entity of the Russian Federation, in whose territory a private security organization is registered. Constituents (members) of a private security organization cannot be: 1) public associations; 2) natural and (or) legal entities which do not meet the requirements specified in Part Four of this article; 3) citizens who are in the public service, or substitute for elected office in public associations; 4) citizens who have been convicted of an intentional crime, and Legal entities, including founders (participants) persons; 5) foreign citizens, citizens of the Russian Federation, citizens of a foreign State, stateless persons, foreign legal entities, and organizations, of which there are OF THE PRESIDENT OF THE RUSSIAN FEDERATION Members of the private security organization may be members of the private security organization who have acquired the right to a retirement pension in accordance with the law of the Russian Federation. Private security or private detective work, or appointed (elected) to the public office of the Russian Federation. Persons appointed (elected) to these public offices are prohibited from taking part in the management of the security organization. The head of a private security organization should have higher education and receive additional professional education under the leadership development programme for the heads of private security organizations. The presence of a private security guard's private security officer is a mandatory requirement. (...) (...) N 185-FZ) The head of a private security organization shall not be entitled to replace the State posts of the Russian Federation, State posts of the constituent entities of the Russian Federation, public service posts, elected officials and elected officials. posts in public associations, as well as to enter into the labour relations as an employee, except in the exercise of scientific, teaching and other creative activities. (Article added: Federal Law of 22 December 2008 N 272-FZ Article 15 -2. Requirements for { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } Private { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } } { \cs6\f1\cf6\lang1024 } { \b } } Vocational training for private investigators, private security guards and additional professional education of the heads of private security organizations are carried out in educational organizations. Major Programmes of Professional Development Training and additional professional programmes. Constituents of organizations conducting educational activities on basic vocational training programmes to work as private investigators, private security guards and additional professional leadership programs Private security organizations may not be: 1) citizens with a criminal record for the commission of an intentional crime, as well as legal entities, which are made up of the founders (participants); 2) OF THE PRESIDENT OF THE RUSSIAN FEDERATION Nationality of a foreign State, stateless person, foreign legal entity, as well as of the founders (participants) of which the said citizens and persons are present, in the absence of a relevant international treaty of the Russian Federation. The organizations referred to in this article shall have firearms training facilities on the grounds provided for in the legislation of the Russian Federation. The order of the respective shootings is established by the federal executive authority responsible for matters of internal affairs. (Article padded-Federal law from 22.12.2008 N 272-FZ) (In the wording of Federal Law No. N 185-FZ) Article 15 -3. Professional training as private investigators, private security guards, and additional professional education heads of private security organizations Generic programs Professional training to work as private investigators, private security guards and model additional professional programmes for the heads of private security organizations are developed and approved by the federal executive body the authorities responsible for the internal affairs of the In coordination with the federal executive body responsible for the formulation and implementation of public policies and regulations in the field of education. Vocational training to work as private investigators, private security guards and additional professional education of the heads of private security organizations in absentia and in the form of self-study allowed. (Article padded-Federal Law of 22 December 2008 N 272-FZ) (In the wording of Federal Law No. N 185-FZ) P D E L V Use of physical force, special means and firearms weapons in the implementation of private security activities Federal Law of 31.12.2014. N 534-FZ) Article 16. Conditions for use of physical force, special means and firearms (In the wording of Federal Law from 31.12.2014 N 534-FZ) In the course of private security activities, physical force, special means and firearms are permitted only in the cases and in the manner prescribed by this Law. The types, types, models, quantities of firearms and ammunition, the order of their acquisition and circulation, and the types and models of special means, the procedure for their acquisition, registration, storage and carrying are regulated by the Government of the Russian Federation. THE RUSSIAN FEDERATION The provision of official firearms is determined on the basis of the requirement for the provision of security services and there can be no more than one unit for two private security guards. (In the wording of the federal laws of 22 December 2008, N 272-FZ; 31.12.2014 N 534-FZ) The guard when using physical force, special means or firearms is required: (In the federal laws from 22.12.2008 N 272-FZ; 31.12.2014 N 534-FZ) warn of intent to use them by providing sufficient time to fulfill its requirements, except when the delay in the use of physical force Special means or firearms directly endanger his life and health, or may entail other serious consequences; (In the wording of Federal Law from 31.12.2014 N 534-FZ to seek to depend on the nature and gravity of the offence and the perpetrators, as well as the forces of resistance, to ensure that any damage caused by the elimination of the danger is Minimum; to provide persons who have sustained injuries to first assistance and to notify the health and interior affairs bodies as soon as possible; (In the wording of the Federal Law dated 25.11.2009. N 267-FZ Immediately notify the prosecutor of all deaths or injuries. Private security guards are required to perform periodic roadworthiness tests in the context of the use of firearms and (or) special means. The contents of the periodic inspections, the procedure and the time frame for their conduct are determined by the federal executive authority responsible for matters of internal affairs. (...) (...) N 272-FZ The use of a security guard of physical force, special means or firearms that exceeds his or her authority, extreme necessity or necessary defence entails class="ed"> ofa property that is defined by law. (In the wording of the federal laws of 10 January 2003, N 15-FZ; of 22.12.2008 N 272-FZ; 31.12.2014 N 534-FZ) Article 16-1. The use of physical force Private security guards have the right to use physical force in cases where the use of special means or firearms is authorized by this Act. The Article is supplemented by the Federal Law of 31.12.2014. N 534-FZ) Article 17. The application of special means Private security activities are subject to the rules of application of special funds established by the Government of the Russian Federation for the internal affairs agencies of the Russian Federation. (B) Federal Law No. N 272-FZ Private security guards have the right to use special means in the following cases: (Federal Law protected propertywhen the offender provides physical resistance. (In the wording of Federal Law No. N118-FZ) It is prohibited to use special means for women with visible signs of pregnancy, persons with visible signs of disability and minors, when their age is obvious or is known to the private [ [ security guard, except in cases of armed resistance, group or other attack that threatens the life and health of a private security guard or protected property. In the wording of the federal laws dated July 18, 2006. N 118-FZ; of 22.12.2008 N 272-FZ) Article 18. The use of firearms Guards have the right to use firearms in the following cases: 1) to repel an attack when his or her own life is directly endangered; 2) Reflection of group or armed attack on protected property; (In the wording of the Federal Law July 18, 2006 N118-FZ) 3) to prevent (fire in the air) of intent to use a weapon and to signal an alarm or call of assistance. It is prohibited to use firearms against women, persons with clear signs of disability and minors, when their age is obvious or is known to the guard, except in cases of armed resistance, An armed or group attack that threatens the life of a security guard or protected property, as well as a large number of people, when unauthorized persons may be affected by the use of the weapon. (In the wording of Federal Law No. N 118-FZ) The guard shall immediately inform the internal affairs authority at the place where the firearm is used. R A D E L VI Social and legal protection guarantees of individuals engaged in private detective and security activity (In the wording of Federal Law from 22.12.2008 N 272-FZ) Article 19. The social and legal protection of private detectives and guards Private detective and security activities count towards the total length of service and seniority for the purpose of State social insurance benefits provided that OF THE PRESIDENT OF THE RUSSIAN FEDERATION Citizens engaged in private security activities shall be insured for death, injury or other damage to health in connection with the provision of security services in accordance with the law of the Russian Federation. This insurance is provided to the private security sector by means of the relevant security organization and is included in its costs. (...) (...) N 272-FZ The provision of resistance, threat or violence against persons engaged in the provision of security services in connection with the performance of their duties is punishable under the law. P E D E L VII Control and Surveillance of Private Detectives and Security Activity Article 20. The control and supervision of private detective and security activities Control of private detective and security activities in the territory of the Russian Federation is carried out by the federal executive body The authorities responsible for matters of internal affairs, other federal executive bodies and subordinate organs and bodies within the limits prescribed by this Act, other laws and other legal acts of the Russian Federation of the Federation. (In the wording of Federal Law from 22.12.2008 N 272-FZ Officials authorized to monitor the activities of private investigators, security organizations, organizations carrying out educational activities by major programme Vocational training for private investigators, private security guards and additional professional programmes of the heads of private security organizations, on matters falling within the competence of the internal affairs agencies, OF THE PRESIDENT OF THE RUSSIAN FEDERATION To require them, within their competence, to submit relevant documents and to obtain written or oral information necessary for the performance of the monitoring functions. In the wording of the federal laws of 22 December 2008: N 272-FZ; dated 02.07.2013. N 185-FZ) The Procurator-General of the Russian Federation and subordinate procurators shall monitor the implementation of this Law. Officials of the internal affairs agencies have the right to check the training of private security guards and heads of security organizations, as provided for in article 12, paragraph 6, of the Federal Act. December 1996 N 150-FZ "On arms". (Part of padded-Federal Law of 22 December 2008 N 272-FZ) In order to exercise state control over compliance by the licensee with licensing requirements, the internal affairs authority conducts routine and unscheduled inspections within its competence. The inspections are carried out on the basis of orders issued by the internal affairs authority. (Part supplemented-Federal Act of 22 December 2008. In the wording of the Federal Law No. N 534-FZ) The inspection of the presence, storage and record-keeping of firearms, ammunition and special equipment is conducted in accordance with the legislation of the Russian Federation regulating the circulation of firearms and special means. (Part of padded-Federal Law of 22 December 2008 N 272-FZ) The planned test may be carried out at least once every three years. The duration of the meeting should not exceed one month. The procurator of the constituent entity of the Russian Federation shall be informed of the conduct of an exceptional check. (Part of padded-Federal Law of 22 December 2008 N 272-FZ) An exceptional check is made in the following cases: 1) if the planned inspection results in a violation of licensing requirements; (In the wording of Federal Law from 31.12.2014 N 534-FZ) (2) If the public authorities and the supervisory authorities (supervision) received information on the health and life of citizens in violation of the licensee of the Russian Federation's regulatory legislation Private detectives and private security organizations; (3) where citizens and (or) legal persons are subject to complaints of violation of their rights and legitimate interests by the action (s) of the licensee or its employees, and if received Information, as confirmed by documents and other evidence, about the existence of such a violation. (Part added: Federal Act of 22 December 2008) N 272-FZ)As a result of the inspection, the official who performs the inspection forms an act of the prescribed form, a copy of which is given to the head of the security organization, to the private investigator or to his or her representative under The receipt shall either be sent by mail with a notice of delivery. (Part of padded-Federal Law of 22 December 2008 N 272-FZ) The provisions of the legislation of the Russian Federation apply to the relations relating to the conduct of the internal affairs agencies of the licensees and are not regulated by this Law. (Part of padded-Federal Law of 22 December 2008 N 272-FZ) SECTION VIII LIABILITY FOR THE IMPLEMENTATION OF THE ILLEGAL DETECTIVE AND PROTECTION ACTIVITIES Law of 22 December 2008 N 272-FZ Article 21. Liability for the implementation of the unlawful private detective and security activities Violation of the requirements for private detective and security activities established by this Act, as well as its conditions OF THE PRESIDENT OF THE RUSSIAN FEDERATION (...) (...) N 272-FZ SECTION IX (Section complements-Federal Act of 27.12.2009) N 379-FZ) (Uspent force-Federal Act of 21 July 2014. N 210-FZ) Article 22. The Article is supplemented by Federal Law of 27.12.2009. N 379-FZ) (Overtaken by force-Federal Act of 21 July 2014. N 210-FZ) President of the Russian Federation B. ELTSIN Moscow, House of Soviet Russia 11 March 1992 N 2487-I