Key Benefits:
(Information of the Verkhovna Rada of Ukraine (VR), 2013, No. 2, pp. 8)
{With changes under the Laws
No. 5038-VI of 04.07.2012 , BBR, 2013, No. 23, pp. 225
No. 245-VII of 16.05.2013 , BBR, 2014, No. 12, pp. 178
No. 1206-VII of 15.04.2014 , BBR, 2014, No. 24, pp. 885
No. 222-VIII of 02.03.2015 , BBR, 2015, No. 23, pp. 158}
This Act defines the organizational and legal guidelines for the exercise of economic activities in the area of ownership of services and citizens.
1. In this Act, the following terms are used in this respect:
Security activities-provision of services on property protection and citizens;
A security facility-a physical person and/or property;
The subject of the security activity is the subject of the host of any form of property, created and registered in the territory of Ukraine, which carries out security activities on the basis of the established order of the licence;
Protection of property-activities from the organization and practical exercise of security measures aimed at ensuring inviolability, integrity of the designated owner and the proper buildings, buildings, areas, aquatoriums, vehicles, and currency the values, securities and other movable property, with the purpose of preventing and/or impending or ending against it, to preserve it, to preserve its physical state, to terminate the unauthorized owner of access to it, and to provide making the owner of this property of all the proper powers of his Him.
conservation of the physical person-activities from the organization and practical exercise of security measures aimed at ensuring personal safety, life and health of an individually defined physical person (group of persons) by preventing or malnutrition Negative direct impact of the factors (activity or inactivity) of the contrasting nature;
Security personnel-employees who directly perform functions on the protection of property or individuals in accordance with their qualification level;
a specialist in the organization of security measures-head of the subject of security activities or to his deputy, chief of the branch, another separate structural unit or his deputy, to the official duties of which are the organization and the (a) Security measures, control of the execution of the personnel of the security of the guards held on it;
the bandwidth is established within the conservation facilities of the order provided by a complex of organizational and engineering activities carried out with the aim of eliminating the possibility of uncontrolled movement of persons, vehicles and Property on objects and from security facilities;
An intravolent regime is an order established within the security facilities provided by a set of measures and rules of internal order, compulsory to be performed by persons who are on their own;
The transport response vehicle, which is in the possession of a security subject, is designed to ensure the emergency response of security personnel to the enforcement of an object of security or the event and circumstances (may strike) harm or create a possible threat to the personal safety of citizens or security personnel at the facilities of the guards;
Technical remedies-technical tools used during the exercise of security activities: systems, appliances and equipment to detect, alert, and prevention of the presence of hazards to the lives of people and/or property;
A centralized observation point is a center with a working staff that monitors the state of emergency notification systems.
1. The main objective of this Act is to create conditions for:
(1) Protection of property, ensuring the rights and legitimate interests of the entities of the household and individuals;
2) to ensure public scrutiny of the implementation of property protection measures and individuals;
(3) Development and improvement of the food delivery service sector and citizens.
1. This Act governs the subject's relationship between the organization and the exercise of security.
2. The action of this Act applies to law enforcement and military formations in the process of providing them with security services and citizens in part that is not regulated by the legislative acts that regulate their activities.
Article 4. State regulation in the field of protected activities
1. The bodies of government regulation in the area of security activities are the Cabinet of Ministers of Ukraine, as well as the central body of the executive branch in the field of security activities.
2. State regulation of security activities is carried out by the specified bodies in accordance with the requirements of this Act, Law of Ukraine "On licensing of certain economic activities" , Law of Ukraine "On the basic principles of public oversight (control) in the sphere of economic activity" and other legislative acts.
3. The Central Executive Body in the Sphere of Security Activities:
approve Licensing conditions for the failure of the security activity ;
approve Order Control of the licensing conditions of the security activity;
Gives and redecorates licenses for enforcement, issuing duplicates of such licenses and accepts the decision to recognize them as invalid;
Within its competence control of the enforcement of the subjects of the security activities of the licensing conditions by conducting planned and off-planning inspections;
Adopts the decision to remove the shortcomings, the annulment of the license for security activities;
Forms and maintains a license register.
Chapter II
ACTIVITIES OF THE SUBJECT OF SECURITY ACTIVITIES
Article 5. Types of protected services
1. On the basis of the security activity on the basis of the established order of the license, the following services are provided by the following:
(1) The protection of the property;
(2) The protection of property of legal persons;
(3) The protection of individuals.
Article 6. Providing security activities
1. The protection of property and individuals is provided by the personnel of the guards by means of such measures:
1) the use of district surveillance options, technical means of protection, response transport, service dogs;
2. Control of the security of the security facility;
(3) Preventing threats to the personal safety of the person who is protected;
4) responding to the limits of the law of authority to counter actions related to the encroachment on the object of the guards.
2. A list of particular important facilities of the rights of state property, whose protection is made solely by state enterprises and organizations, is defined in Order Which establishes the Cabinet of Ministers of Ukraine.
3. Conditions for protection of dangerous and valuable goods in transport and their list The Cabinet of Ministers of Ukraine.
4. Requirements for the construction, constructive and technical support of central observation points are defined in licensing conditions.
5. Transport response transport is a special transport and is equipped with radio technical communications, color schemes and notes, appropriate light and sound signals in the vehicle. Order defined by the Ministry of Internal Affairs of Ukraine.
Article 7. Licensing of security activities
1. The protection of security services is in order determined by the Law of Ukraine "On licensing of certain types of economic activities" , given the features defined by this Act.
2. In case of annulment of the subject ' s license of protected activities from the basis of the above, predicted Eighth-eighth of Fifth Article 7 This Act, issuing a new license to this subject, created by it or its founder (founders) of the new master ' s subjects is allowed not before the year of the annulment of the license.
3. Prior to the statement of the issuing of a security license, documents confirm compliance with the established conditions of engagement and lack of restrictions on the workers involved in the implementation of security measures.
4. The decision to remove the security activity of the shortcomings identified during the exercise of public oversight (control) is taken by the central body of the executive branch in the sphere of security activity with the subject of violation of the requirements of the Act on:
(1) The conditions for the involvement of citizens to the security activities and/or the order of training and retraining of the guards;
(2) The agreement of the provision of services to the guards.
5. The instructions for the annulment of the security license are:
(1) A statement by the licensee of the annulment of the license;
2) discontinuation of the legal entity (merger, accession, division, transformation or liquidation);
(4) An act on the detection of untrusted information in documents submitted by the entity to obtain a licence;
(5) An act of establishing a license to transfer a license or copy of another legal or physical person to the failure of economic activities;
(6) an act of rejecting the licensee from conducting a review by the licensing authority or specially authorized authority on licensing matters;
(7) An act of non-compliance with the enforcement of a decision on the removal of shortcomings;
8) act on the undermaintenance of the subject of security Items 1 , 3 , 5 , 12 part of the first article 10 of this Act.
Article 8. Agreement for the provision of services
1. The security activity grant provides protection services based on the contract signed by the customer in writing in accordance with the legislation.
2. In the treaties providing services to the protection of property and individuals under the provisions of Civil Code of Ukraine It is determined that the conditions of reparations are determined by the subject of the enforcement of the security activities inflicted on the unreliable execution of its obligations.
3. The speaker of the property security services is obliged to provide the subject of security activities to familiarize the original documents or in the prescribed order of their own copies, confirming the possession or use of the property on the legal grounds. which is the subject of the treaty, as well as the legal capacity of finding such property, vehicle or person in a designated security site.
Article 9. The rights of the subject
1. The subject of security activities shall be entitled to:
1) to provide security activities to acquire, retain and use in established legislation of special means, list A Cabinet of Ministers of Ukraine;
2) to ensure radio communications be used in the prescribed radio frequency;
3) use the service dog guards;
(4) To use technical means of protection for protection;
6) receive a written request from the customer of information services and copies of the documents required for the exercise of the guards at the security facility;
7) by the consent of the customer service (his representative) to examine the territory, houses, premises, property of the guards.
Article 10. Restrictions in security activities
1. During the organization and enforcement of security activities, it shall be prohibited:
1) to acquire and use the property specified by the legislation to exclude the exclusive use of military formations and law enforcement;
2) use signs of belonging (elements of symbolism, formulations, etc.) to the Ministry of Internal Affairs of Ukraine, Security Service of Ukraine, Office of State Protection of Ukraine, Armed Forces of Ukraine and other military formations, law enforcement, environmental and controlling or other executive bodies, their special units, including in the name of the subject of the security activity, on the clothing, the transport of responding, buildings, in the documentation;
3) to create obstacles or interfere with the activities of law enforcement officials and other state authorities, local governments, their officials, and citizens in the exercise of their authority given to them by laws and others Regulations;
4) to disclose information about the organization and implementation of security activities, as well as information on limited access and information on the person who are known to be known in connection with the implementation of security activities other than the The cases stipulated by the legislation;
5) hide the facts about criminal offences committed or preparing, regardless of the interests of the customer service provider;
{Paragraph 5 of Part 1 of Article 10 of the changes made under the Act No. 245-VII of 16.05.2013 }
(6) To guard the physical person who acts criminal or administrative offences or tries to commit them;
{Paragraph 6 of the first article 10 of the changes made under the Act No. 245-VII of 16.05.2013 }
(7) To exercise actions on the right, liberty and property of individuals, as well as the threat of their lives and health, honor, dignity and business reputation;
(8) use radio communications without permission to use on radio frequencies;
9) to exercise measures belonging to operational and Law of Ukraine "On Operations-Business Activity" ;
(10) To engage in security measures of persons who have not submitted documents necessary to arrange for work, or do not meet the qualifications of qualifications;
11) participate in the execution of court decisions during executive proceedings;
12) resort to actions aimed at the forceful confrontation between the personnel of the protection of different master entities.
Chapter III
SECURITY OF SECURITY FACILITIES
Article 11. Conditions for the involvement of citizens in security activities
1. The people of the guard may be able to be able to support the citizens of Ukraine who have reached an 18-year-old, have passed the appropriate training or vocational training, entered into a labor contract with the subject of the master's office, and the documents they have submitted:
1) are not in health care related to mental illness, alcoholism or drug addiction;
2) do not have an unshakable or unlifted criminal record for committing intentional crimes;
(3) There are no restrictions established by the court on the fulfillment of the functional duties laid down;
4) do not have limitations on health status to perform functional duties;
5) are registered for the place of residence in the established law.
2. A Fachivets from an organization of conservation measures and employees involved in the central observation point should meet the requirements of the part of the first this article, have a level of education defined by licensing conditions approved by the central bank. the executive body in the field of security activities, and in established specially authorized by the central body of the executive branch in the fields of education and science, youth and sports terms and order to increase the level of qualifications.
3. The staff of the guards perform the functions of the protection of the property on the presence of a suitable subject of security activities according to its statutory documents.
4. The staff of the guard shall have a certification with the signature of a supervisor of the security activity, which is noted by the name, by the father of the person who belongs to the security personnel, the date of the issuance and the expiration date and contains a photo card of the person issued by the ID.
{Part of Article 11 of the changes made under the Act No. 1206-VII of 15.04.2014 }
5. The provision of security activities is required to enforce legislation in the organization and functioning of the guards, the staff of the guards, in the organization of wearing the appropriate clothing and recognition, as well as in Equipped with defence and individual protection.
6. The handling of disabled persons is carried out by a subject of security activities under the current legislation based on the number of staff members not directly involved in the execution of the security measures.
Article 12. Security personnel
1. The staff of the guard shall be entitled to:
(1) To request from persons to end the wrongful actions, compliance and rule of law;
(2) To demand from staff members of the facilities of the guards and other persons adherence to the transmission and internal volume modes;
(3) to prevent persons from entering and apprehended those who attempt to infiltrate (infiltrate) the object of the guard or leave it, violating the prescribed rules, with the mandatory immediate message of the territorial body of the internal affairs;
4) to counteract the offenders and immediately notify the Internal Affairs bodies of committing these persons with criminal or administrative offences;
{Paragraph 4 of the first article 12 of the changes made under the Act No. 245-VII of 16.05.2013 }
5) apply measures of physical influence, special means and use of service dogs according to this Act;
6) during the exercise of the pass regime on the facilities of the facilities to conduct a review of the things of individuals (by their voluntary consent), vehicles, removal of things and documents that are tools or subject offences, inspection documents, etc. to be given to the person, give the right to the entrance (exit) of persons, deposit, entry (withdrawal) of the property, entry (exit) of vehicles, in particular the composition of the material values moved to the objects of protection (from objects) (...)
7) to conduct an open video and photo shoot of events as an auxiliary means to prevent opposing actions with mandatory disclosure on an object protected, information on the implementation of such measures.
2. The provision of security activities is required to ensure the proper storage of video and photo materials received during the exercise of the conservation measures, for one year with the ability to use them exclusively in service activities. After the completion of a line of storage, the indicated materials are carried out by their destruction by a commission consisting of three members of the subject of security activities with the addition of an act of destruction of video and photographic materials.
Article 13. Duties of the security personnel
1. The staff of the guards during the execution of functional duties are obligated to:
(1) To ensure the integrity of the conservation facilities and the imposition of the property on them, the inviolability of the individuals;
(2) To cease by taking measures to respond to the offence against property, individuals, violations of the regime of guarding the facilities;
(3) Immediately, in any way, to report appropriate law enforcement agencies to commit offences against property, physical persons and other illegal activities that have a case of criminal offence;
{Paragraph 3 of the first article 13 of the changes made under the Act No. 245-VII of 16.05.2013 }
4) keep the secret protected by law, as well as confidential information on the economic activities of the host entities, declared such in the prescribed order, information about the personal and family life of the individuals who became known in Communication with the execution of duties other than cases provided by the law;
5) do not take actions that violate the public order.
Article 14. Training and retraining of security personnel
1. The staff of the guards are trained, training, retraining, and improving the qualifications of different forms of property. Members of the executive branch of the executive branch in the field of security activities may also be involved in the qualification commissions of vocational training institutes, which prepare specialists in the field of security activities. The training of personnel of 1-3 discharge can also be carried out by the subjects of the guards.
2. Training programs, order and level of training, terms of preparation, retraining (specialization) and promotion of protection personnel are determined by the specially authorized central body of the executive branch in the fields of education and science, young and sports by agreement with the central body of the executive branch in the field of security activities.
Article 15. Responsibility of the personnel
1. Guard personnel for non-execution or non-compliance of the duties of his duties, carrying a disciplinary, civil-legal, administrative or criminal liability established by law.
Chapter IV
APPLICATION IN THE SECURITY ACTIVITIES OF PHYSICAL IMPACT, SPECIAL MEANS AND USE OF SERVICE DOGS
Article 16. Procedures for the use of the Personnel Protection personnel of physical impact and special means
1. Under the exercise of security activities, security personnel shall have the right to apply to persons subject to the object of protection, measures of physical impact and special means in special cases, if other measures have not led to an end or to To comply with the legal requirements of the security personnel, in the case of:
1) to protect themselves or other persons from attack, which constitutes a threat to life and health or the mine;
(2) Preventing an unlawful attempt by violence by special means;
(3) The need to delay the offender, which is an unlawful person on an object that is protected, or who is committed to other offences and to resist;
(4) The depressions of the animal threatening the life and health of the personnel of the guards or other persons.
2. The staff of the security personnel are not administrative detention. A detainee person is immediately transferred to the internal authorities for the place of committing offences.
3. To apply physical impact measures and special means are allowed only after warning by the voice and gesture of intent to apply them.
4. The waste of physical impact and special means may be applied without warning in the case of:
2) an attack or resistance using weapons or items that constitute a threat to the life and health of the person, or using mechanical vehicles.
5. A view of the special means, the time of the beginning and the intensity of its application, are determined by the situation of the situation, the nature of the offence and the person of the offender.
6. It is required to apply measures of physical impact and special means against women with explicit signs of pregnancy, elderly or with pronounced disability and low-age persons, and against persons who are in accordance with the legislation. The carriers of special status of malnutrition, except in the cases of the study of the attack, which constitutes a threat to the life and health of the individuals, personnel of the guards, or armed attack or armed resistance.
7. In case it is impossible to avoid applying the measures of physical impact and special means, their application must be carried out within the rule of law with conditions and circumstances that exclude the crime of the act, and should be limited by the Minimum harm to a person's health or other negative effects. In case of such harm, the security personnel must immediately call for ambulances and provide the first hospital care for the victim.
8. The Personal Protection Act prohibits the use of special means in place of a large cluster of people if it may result in harm to the life and health of outsiders, except for self-defense (self-defense) cases.
9. On all facts of cessation of offences against security personnel, property or individuals who are protected, applying measures of physical impact, special means, the use of service dogs of security personnel is required immediately in the oral or Written in written form to inform its immediate supervisor and territorial body of the interior, and in case of bodily damage to the offender-immediately call for ambulance.
10. In case of signs of criminal offence, security personnel are required prior to the arrival of law enforcement officers to take all possible measures to guard the event and save the traces of criminal offense, eyewitnesses and fixtures of their personal data. After the arrival of the law enforcement officers, the security personnel are required to act on their instructions.
{Part of Article 16 of the changes made under the Act No. 245-VII of 16.05.2013 }
11. Resistance, threats or violence against persons carried out by a security force, is a liability in accordance with the law.
Article 17. Use of service dogs
1. Security personnel during and in place of enforcement measures have the right to use service dogs that have passed in the established order appropriate course of dress deemed suitable for service use and have a veterinary passport, Exceptionally to detect:
(1) infiltrates (attempts to permeate) into objects that are protected;
(2) Persons who are illegally in the facilities that are protected.
2. Forgets the use of service dogs in security activities without the presence of a dog ' s guide in public and public places. The dog must be on the hook and have to adhere to veterinary rules.
3. In closed areas where people are absent, it is allowed to keep dogs without a tie if the visible places are marked with clear and selective warning signs about the protection of an object with the help of service dogs. This should be followed by constant control of the security personnel.
Section V
INTERACTION OF SECURITY ACTIVITIES WITH LAW ENFORCEMENT AGENCIES AND THE PUBLIC
Article 18. Organization of interaction with law enforcement
1. The subjects of security activities and law enforcement agencies can jointly organize the interaction and provide mutual assistance to the activities aimed at prevention, termination and disclosure of criminal offences and the provision of public protection. Okay.
{Part of the first article 18 of the changes made under the Act No. 245-VII of 16.05.2013 }
2. The use of law enforcement agencies may not violate the obligations of the actors ' obligations under the contract for the provision of protection services.
Article 19. Forms of interaction with law enforcement
1. The subjects of security activities organize interaction with law enforcement in the form of:
(1) The conduct of joint elections, consultations;
(2) Exchange of information on prevention and termination of offences;
(3) Other non-prohibited legislation on the conditions that are not violated by the rights and obligations of the actors and the exercise of such measures shall be in the competence of the relevant law enforcement authority.
1. This Act will take effect six months from the day of its publication.
{Paragraph 2 of section VI lost the validity of the Act No. 222-VIII of 02.03.2015 }
3. The Cabinet of Ministers of Ukraine for six months since the Act:
To bring their legal and legal acts into compliance with the Act;
To ensure that the ministries, other central executive bodies have the authority of their normative acts in compliance with the Act;
to ensure the adoption of normative acts necessary to implement the provisions of this Act.
