Law No. 5188:10.6.2004 SECTION ONE General provisions article 1 Purpose. -The purpose of this Act, public safety, private security services in the complementary nature of fulfillment is to determine the principles and procedures.
The scope of article 2. -This law, special security clearance will fulfill this service to the people and organizations ruhsatlandırılmasına and covers for control.
Special security clearance ITEM 3. -Protection of armed personnel of persons, institutions and organizations, the establishment of a special security unit or within the Security Service Commission decision gördürülmesi on the private security companies with the Governor's permission. Meeting, concerts, stage shows and similar events; money or valuables such as temporary or emergency transfusions, Commission decision without seeking the Governor by special security clearance.
At the request of individuals and organizations, taking into account the need for security and protection, security service staff to be employed to ensure with his hand, institutions and organizations for the establishment of a special security unit or within the service's security companies will be allowed to this gördürül. An organization is established within the special security unit, when needed also to security companies to service gördürül mania.
The Commission will fulfill the service personnel protection and safety, bulundurulabilecek the amount of weapons and equipment that can be carried or maximum and nature, other physical follow-up when necessary and is authorized to determine scuba safety measures. Airport and port security measures in places like the international obligations for reserved.
Other than those special temporary security application, provided that the reference at least one month before the Commission's decision and with the approval of the Governor may be terminated.
Article 4 Special Security Commission. -Special Security Commission, referred to in this law to the special security-related decisions by the Governor, the Governor appoints the deputy chairmanship of provincial police, provincial gendarmerie Commander, Chairman of the Chamber of Commerce, the Chamber of representatives of the industry. In provinces where there is no Chamber of industry Chamber of Commerce and industry to join the representative to the Commission. Granting special security or that the removal of the application about the person or organization applying for a representative of the Commission participates as a member of the meeting. The Commission takes decisions by a majority of the votes; in case of equality of votes the Chairman has a casting-party majority; Abstaining from voting are not available.
Private security companies, as well as article 5. -Private security activities in the field of companies granted permission of the Interior Ministry of employment. Activity to be granted permission to be registered shares of shares in the company and field of activity has to be exclusively protection and security of the service. Private security companies, branches within a month, the Ministry and the governorship in writing; report to the Ministry within one month the share transfers.
Foreign persons can set up a private security company and a private security service in Turkey foreign companies can give on the basis of reciprocity.
Private security companies, founder and Director of the article 10 of this Act (a) and (d) they searched for terms specified in paragraphs. A graduate of a four-year high school administrators, the article 10 of the Act (e) the requirement specified in transports and private security specified in article 14, basic training must have completed successfully.
In the event that the required conditions in the loss of founder and administrator within two months they changed this remedied the deficiencies or if the founder and administrator activity on which the permission is being revoked.
These companies by third persons, institutions and organizations will be provided protection and security services, no later than one week before the commencement of the service governorship will be notified in writing. Emergency and temporary nature protection and security services while the record shall not be required.
Article 6 additional measures. -The civil administration chiefs airport, ports, customs, places such as railway stations and stations with sports events, stage shows and other events are made of special security measures for control and public safety places requires additional measures in cases where the clinic is in charge.
In terms of public safety, the Governor and the provincial Administration with law No. 5442 Governor given powers to reserved. In the case of the use of special security unit that authority and private security personnel of law enforcement agencies, the supervisor and General Administration of the civil authority, amir has to fulfill orders.
The SECOND PART of the Special Security Officers private security officers powers of article 7. -Private security officers powers are as follows: a.) Protection and security they provide responsive to enter through the door to the fields, these individuals the dedektörle search, X-ray device or similar security systems.
b) meeting, concert, sports competition, stage shows and other events with funerals and wedding ceremonies without a challenge, sensitive door, these individuals the dedektörle search, X-ray device or similar security systems.
Criminal Procedure Act No. 1412 c) 127 according to the article due to the proportional catch and capture search.
d) Mission area, rights, the capture, arrest or conviction decision people capture and search.
e in case of disasters such as fire, earthquake, of course) and help in entering the workplace and residences in the task requested.
f) airport, port, railway station, station and terminal facilities such as public transport passing through the door a challenge, sensitive, the dedektörle of these people search, X-ray device or similar security systems.
g General law enforcement forces provided that the report immediately), may be criminal or evidence during phone calls or do not constitute a danger to the baby stuff together in trust.
h.) was found abandoned and stuff the deposit.
in terms of the person's body or health) I present a danger in order to protect it from capture.
j) scene and evidence protection, for this purpose, the Criminal Procedure Act, according to article 157.
the provisions of the Turkish Civil Code of 981 k), Obligations of article 52 in contravention of article 49 of the law, the first paragraph of article Turkish criminal (1) and (2) according to paragraphs hard to use.
Weapons possession and transportation authority article 8. -What amount for Which protection and security service and can use firearms on the property is determined by the Commission.
However, education and training institutions, health facilities, Casino Hotel, drinking places armed private security guards are not allowed to run. Private security officials, in private meetings, sporting events, stage shows, and so on as they do with a gun.
Protection and security service to be used in weapons and equipment provided by the relevant person or organization. Private security companies cannot obtain firearms and cannot have. However, private security companies, money and valuables transport, temporary-lasting protection and security services, private security training institutions for use, to be used in weapons training, the decision of the Commission and with the approval of the Governor might be allowed to the collection, use, and transport of weapons.
Task field article 9. -Article 7, These officials just because they were in charge of the powers enumerated in and can use task areas.
Private security guards are their weapons out of the task field. Accused of a crime or offense handled handles strongly suspected person, taking measures against attacks from the outside, the money, and the transplant, like the funeral route person protection and expresses the length of the route in situations where the task field. The decision of the Commission in the task area, mandatory extensible.
Hard to use and requires the use of unauthorized capture events are reported through the General in charge of the serial kolluğa; captured and restrained general stuff is delivered kolluğa.
Private security guards searched terms in article 10. -Private security guards searched the following conditions: a be a citizen of the Republic of Turkey).
b) at least a high school or equivalent school graduate.
c) 18 years of age.
d) negligent offences offences, excluding heavy imprisonment or imprisonment of more than six months, or even State personality have been against pardoning crimes, embezzlement, irtikâp, bribery, theft, fraud, abuse, fraud, fraudulent bankruptcy, or the safety of using except for the smuggling, trafficking and consumption of istihale legal tender and Exchange to rigging, revealing State secrets, sermon, should keep count of molestation, rapes, rape, girl, woman, or child abduction and retention the solicitation for prostitution, drug use, drug trafficking crime convicted due to ineligible.
e) are not banned public rights.
the body can stop f) Task and not to the disabled with mental illness.
g) private security specified in article 14, basic education having completed successfully.
Article 11. -Private security guards will be employed as private security companies and private security with training institutions will work as an administrator as facility security clearance. The positive result of the investigation, a private security specified in article 14 of this law, basic training must be finished successfully, the facility for five years term work will be allowed. Will private security guards carrying firearms are about the only archival research. Security investigation and archival research completed within a month.
Started working private security guards are notified by the employer to the Governor within 15 days.
The work permit can be renewed, security investigation of positive and refreshing private security specified in article 14 of the law training has to be completed successfully.
Private security guards in the event of any loss of the requirements in the work permit will be cancelled.
The General retired from law enforcement agencies with those of de facto at least five years after working on this mission is the former from his post voluntarily, we left their posts for a period of five years from the date of special security basic training requirement shall not be required.
Identification article 12. -Private security guards provided to facility ID card. The name and surname identity card with armed or unarmed.
Identity card task field and walk in such a way that it can be seen by anyone within the period. Non-private security guards in the identity card Act will not be able to use the powers enumerated in article 7.
If for any reason the employer allocated the task of private security guards by the Governor will be reported within 15 days.
Clothing article 13. -Private security guards in and wear a uniform for the duration of the task field. Due to the characteristics of the work task and necessary in cases where the civil suit could allow the Commission to task.
Education article 14. -Theoretical and practical training basic training with Custom security gun training consists of one hundred and twenty hours to; renewal for not less than 60 hours training. He is currently the security within the school or vocational school and an on-site security partitions (College or vocational school) is to open the universities ' graduates of this section for a period of five years except for special weapons training in security basic training requirement shall not be required.
Private security training can be granted by the Ministry of Interior for the cost of, and the Ministry's permission and special education institutions. Will give you special security training institutions founder and administrator as specified in the third paragraph of article 5 in the referers.
The nature of private security training, curriculum, tutorials and training centers to search conditions and is based on the determination of adequate training and procedures regulation.
Compensation article 15. -When performing tasks That, under the injured private security guards injured or deceased heirs, lawful private security guard job contract or a collective labour agreement within the framework of the principles and the amount of compensation is determined in advance. However, in general terms, compensation of higher amounts according to the courts in sentencing shall, based on the employment contract or a collective labour agreement shall be deducted the amount paid.
Compensation to be paid in accordance with the provisions of the first paragraph, I'm going to have to be paid within the scope of Act No. 4857 the law will not be associated with other compensation.
Public institutions and organizations in this law, written when performing tasks the injured the injured private security guards or private security officers who died, the heirs lawful; employment contract, collective agreement or the law on Cash Compensation and monthly no. 2330 Binding are the amount of compensation specified in the terms of which one is high that amount of advance.
The THIRD SECTION prohibitions and restrictions on off-duty Penalty Provisions article 16. -Private security personnel, referred to protection and security services cannot be run in a job other than.
Article 17 the strike ban. -Private security personnel may not participate in the strike.
Article 18 ban on suspended duty. -Private security guards lock-out shall not be removed from work due.
Legal offences and penalties article 19. -Legal offenses and penalties envisaged in this Act shall include the following: a private specified in article 3 of this law) security permission without the people or organizations that employ private security guard managers up to six months imprisonment and fined altımilyar pounds heavier.
b in section 5 of this Act) the specified activity located in the private security activity without the permission of the companies founder and administrator to set the permission specified in article 3 of this Act without receiving a special security unit to the managers of the institutions and organizations that make up this law without permission specified in article 14, private security agencies and organizations administrators, offering up to one year imprisonment and fined yirmimilyar pounds heavier. In this way, private security companies and private persons punishable, giving the institutions founders and Executive security training.
c) according to article 11 of this law that are not licensed to work as a private security guard who employ people, institutions, organizations or companies, üçmilyar pounds for each person employed by a heavy fine. These people are up to six months in prison and is run as a gun-running altımilyar pounds for each person is given a heavy fine.
d) private security specified in article 21 of this law, the financial liability insurance without the people who employ private security guards; institutions, organizations or companies üçmilyar pounds for every person employed by the administrators of a heavy fine.
e) referred to in this activity without permission of private security service or private person who proclaimed that security training or advertising; institutions, organizations or companies up to six months in prison and the administrators of onmilyar pounds heavy fine.
Administrative offenses and penalties article 20. -The administrative offence and fines envisaged in this Act are as follows: a) other persons, institutions and organizations will be provided special security service within the period specified in section 5, private security companies that do not report governorship for each notification is provided the administrative fine of rbrchowdary pounds.
in accordance with article 6 of the civil administration b) amirlerince not taking additional measures requested; institutions, organizations or companies are given administrative penalty of the administrators of ikimilyar pounds.
c) that do not comply with the prohibition on strikes mentioned in article 17, on contrary to this Act or task field that use except or traceable to another special security identification card, private security guards are given administrative penalty to rbrchowdary pounds and work permit will be cancelled. These persons cannot be a more private security guards.
d in accordance with the provisions of article 22 elimination) detected the requested person does not correct the deficiencies; institutions, organizations or companies are given administrative penalty of the administrators of ikimilyar pounds.
e) private security guards outside the protection and the security services to other persons, institutions, and organizations running a job each action is provided for the administrative fine of rbrchowdary pounds.
the second paragraph of article 11, f) with the third paragraph of article 12, specified declarations instead of in getirmeyenlere rbrchowdary pounds administrative fines.
Administrative fines provided for in this article, that place is provided by the greatest Chief of civil authority. Their decisions regarding fines given to Act No. 7201 shall be communicated in accordance with the provisions of notification law. This penalty against the latest from the date of notification to the competent administrative court appeal within seven days. Appeal, it will not stop the fulfillment of the punishment. Appeal, whereas it made through review papers, unseen attitude as soon as it is finalized. On appeal to the regional administrative court against the decision. Regional Administrative Tribunal's decisions are final. Administrative fines issued according to this law, Act No. 6183 on the Governor's Office or the Declaration serves district about public receivables are charged by the Ministry of Finance in accordance with the provisions of the law.
CHAPTER FOUR miscellaneous provisions article 21 Special safety financial liability insurance. -Private law private security companies, contacts, and private security guards are employed by third parties for the purpose of compensation of damages in private security must financial responsibility insurance. The principles and financial responsibility insurance special security procedures are determined by the Undersecretariat of Treasury.
Stipulated in this article private security suppliers in Turkey financial liability insurance, the insurance companies authorized to operate branches. These insurance companies private security are obliged to financial responsibility insurance. Does not meet this liability insurance companies the Treasury Undersecretariat sekizmilyar pounds administrative fines. The appeal of the punishment and penalty charged in the second paragraph of the procedural provisions of article 20.
Article 22. -The Ministry of Internal Affairs and Governors ' offices, security services, private security units, the scope of private security companies and officials of private security training institutions. Control the nature, scope, procedures and principles determined by the regulation.
The audit identified deficiencies as a result of contact, institutions, organizations and corporations for elimination within the given time.
Except for the purpose of operating or crime becomes the source of private companies and training institutions identified a permission to operate. In this way, companies or institutions that have been revoked permission to operate, founder and Director, private security companies and private security training institutions founder and Director.
Article 23 penalty application. -Private security guards officer in the implementation of the Turkish Criminal Law.
Due to the tasks they committed crimes against civil servants will be punished like committed a crime against you.
License fee article 24. -Private security company and will give you special security training institutions should be granted to operate onmilyar pounds, for two private security officials work permit is received and it cost tuition spending yüzmilyon pounds deposited in his license.
Revaluation rate of implementation of article 25. -This Act shall be specified in the article 19, heavy fines, administrative fines specified in article 20, the administrative penalty specified in article 21, with regard to license fees specified in article 24 of the quantities each year will be determined according to the tax procedure Law numbered 213 revaluation rate is increased.
Regulation article 26. -Regulation on the implementation of this law, the Ministry of Interior, from the date of publication of this Act within three months.
Repealed article 27 of the law. -22.7.1981, dated, and their security and protect Some institutions and Organizations No. 2495 Ensuring the law is repealed.
PROVISIONAL ARTICLE 1. -This law comes into force on the date that has been set up according to law No. 2495 special security teşkilâtlarına special security clearance, and private security officials has been granted a work permit for a period of five years.
Entry into force article 28. -Article 19 and 20 of this Act shall, from the date of the publication of the law nine months later, other substances will take effect the date of promulgation.
Execution article 29. -The provisions of this law, the Council of Ministers.