Are there any errors in carrying out activities aimed at monitoring security activities?
Are there any errors in carrying out activities aimed at monitoring security activities?
Security activity control
The Internal Affairs Directorate is empowered to carry out control activities. However, as practice shows, in the process of implementing security activity control, there are controversial cases, connected, in most cases, with the abuse of authority by the controlling body. Let's consider the most frequent precedents. Heads of security companies most often complain about the lack of regulatory grounds for conducting an inspection. In such cases, the results of the inspection are cancelled in court. However, according to the law, inspections can be both scheduled and unscheduled, and in both cases they are legitimate. In addition, when conducting an unscheduled inspection, as part of security activity control, it is necessary to check compliance with all license requirements and conditions without exception, not limited to the subject of the information that initiated the inspection.
When inspecting security companies, employees of the internal affairs agencies do not go beyond their authority if they check contracts for armed security. Moreover, even if the inspection is carried out only in terms of weapons, all identified violations of licensing requirements and conditions should be included in the report. Claims from private security companies are also made for the fact of violation of the procedure for notification of an upcoming inspection. According to the established law, notification of a scheduled inspection is made three days in advance. However, in the absence of prior notification, the results of the inspection will not be recognized as invalid, but the security company has the right to appeal this fact in court. If the frequency of the inspection activities is violated, bordering on the fact that the inspectors go beyond their competence, the management of the enterprise also has a desire to file a claim. At the same time, the maximum frequency of inspections is not established by law, and therefore must be determined taking into account the circumstances. Only the minimum number of inspections is regulated. Often there are claims based on the fact that the act sets out instructions that do not comply with the current legislation in this area.
The regulatory documents in this area should be well studied, as well as the job responsibilities of the security guard, at least in order to know exactly when the actions of the inspectors are truly beyond the law.
Legal basis for security activities
Legal basis for private detective and security activitiesconstitute the relevant regulatory acts in force in the territory of the given state. For the Russian Federation, such documents are the Constitution of the Russian Federation, the Law «On Private Detective and Security Activities», «On Approval of the Regulation on Licensing Private Security Activities and the Regulation on Licensing Private Detective Activities». With strict compliance with the requirements specified in these documents, security activities of enterprises must be carried out, the rights of the security guard are regulated, and inspections are carried out on the basis of the same laws. According to the legal foundations of security activitiesregulates: the procedure for issuing and renewing a private security guard and private detective certificate by the internal affairs agencies; the procedure for extending the validity of an issued document; the procedure for coordinating the activities carried out with the internal affairs agencies.
Organization of security activities
As for the procedure for implementing security activities within a private enterprise, the law also prescribes the organization of security activities.
Private detective and security activities are carried out for the purpose of investigation and protection. For security purposes, the following types of services are permitted:
1) protection of life and health of citizens;
2) protection of objects, for example, protection of a store, and (or) property (including during its transportation), which are owned, possessed, used, managed, operationally managed or under trust management, with the exception of objects and (or) property provided for in paragraph 7 of this part;
3) protection of facilities and (or) property at facilities with the implementation of work on the design, installation and operational maintenance of technical security equipment, the list of types of which is established by the Government of the Russian Federation, and (or) with the adoption of appropriate measures in response to their signal information;
4) consulting and preparation of recommendations to clients on issues of lawful protection from illegal attacks;
5) maintaining order at places where mass events are held;
6) ensuring internal facility and access control regimes at facilities, with the exception of the facilities provided for in paragraph 7 of this part;
7) protection of facilities and (or) property, as well as ensuring internal facility and access control regimes at facilities that are of particular importance for ensuring the vital functions and security of the state and the population and the list of which is approved in the manner established by the Government of the Russian Federation.
The organization of security activities must be built in coordination with and assistance to law enforcement agencies in maintaining law and order.