Legal aspects of licensing security guards.

Legal features of licensing security guards.

Legal features of licensing security guards

What should a security guard be like?

From the point of view of the law, a private security guard to work in a private security company must:
• undergo training at a non-governmental educational institution (NEI);
• pass a qualification exam;
• have a private security guard certificate of the established form.

Note. In accordance with the provisions of Article 11 of the Law of the Russian Federation «On Private Detective and Security Activities in the Russian Federation» (came into force on July 1, 2009), «The right to acquire the legal status of a private security guard is granted to citizens who have completed professional training and passed a qualification exam, and is confirmed by a private security guard certificate. A private security guard, in accordance with the qualification received, enjoys the rights provided for by federal law only during the period of performing the labor function as an employee of a private security organization.»
From the employer's point of view, the security guard may have other requirements regarding health, experience, physical data, etc.

How to undergo security guard training (where, what, how)?
As already mentioned, private security guard training can be conducted by non-governmental educational institutions that implement professional training programs for private security guards. Training is conducted in recruited groups or for corporate clients.

What ranks exist?

There are three categories of security guards:

A security guard of the 4th category can perform work functions on providing security services only with the use of special means.

A security guard of the 5th category can work and perform his actions with the use of civilian self-defense weapons (gas weapons, including canisters with tear gas and irritants, electric shock devices, etc.) and special means.

A security guard of the 6th categorycan protect the peace and values ​​of the organization using service weapons, civilian self-defense weapons and special means (i.e. the entire range of permitted weapons and special means).

What is the cost of training?
The cost of training consists of the cost of completing the entire course and the cost of passing the qualification exam. In Russia, prices vary in different regions. Prices also depend on what rank the security guard wants to obtain. Here is a table with the average cost of training:

Table. 1. Approximate prices for training in various regions of Russia

As you can see from the table, prices vary greatly and range from 300 to 8,000 rubles depending on the region and the category that needs to be obtained.

It is worth noting that the cost of passing the exam and obtaining qualifications in some regions (Moscow, Tula, Sverdlovsk regions) is the main difficulty on the path to the profession of a private security guard, since the cost of training is equivalent to the average salary of a security guard.

What kind of qualification exam do security guards take and how are they assigned a rank?
After completing the training, in order to obtain a security guard certificate, you must pass a qualification exam. Persons who have completed training under the professional training program for private security guards are allowed to take the exam. The exam is taken by special commissions, which are created in the manner established by the Ministry of Internal Affairs of the Russian Federation. If you have completed the training and are going to the exam, take with you:
• passport,
• a medical certificate of absence of diseases that prevent the performance of duties of a private security guard, in the form established by the Ministry of Health and Social Development of the Russian Federation.

To pass the exam, you need to have theoretical knowledge in the field of protecting objects from criminals and practical skills in rendering them harmless using special means (service weapons). Here's what you need to know to pass the exam:
• legal training, including on issues of legal regulation of private security activities, circulation of special means, civilian and service weapons, as well as criminal, administrative, labor and other legislation of the Russian Federation;
• tactical and special training;
• use of special means;
• technical training;
• medical training;
• fire training (if necessary to obtain the appropriate qualifications).

If suddenly someone does not pass the exam immediately after completing the training, he can submit to the commission at the place of residence an application, the form of which is established by the Ministry of Internal Affairs of the Russian Federation, and a copy of the certificate of completion of professional training of private security guards. And take the exam later. If a citizen works as a security guard, such an application can be submitted by the head or authorized representative of the security organization to the commission at the location of the security organization.

How to get a security guard certificate?
To obtain a certificate, you must pass an exam. After passing the exam, the commission makes a decision within five working days on assigning the citizen the qualification of a security guard in accordance with the provisions of the Unified Tariff and Qualification Handbook of Workers' Jobs and Professions, as well as issuing a document on assigning the qualification of a security guard. The document itself is issued within three working days from the date of the commission's decision.

 What is the validity period of the certificate (license)?
Let's clarify the difference between the concepts of a private security guard's certificate and license, because for many people these words are synonyms, but in fact, this is not the case. A license is issued for a type of activity (in accordance with the list of types of activities subject to licensing) to a legal entity, and since a private security guard is an individual, then, naturally, a license is not issued to him. Now let's get back to the essence of the issue. A private security guard's certificate is valid for 5 years, depending on the category, there is a need for periodic verification.

What is the difference between a periodic inspection and a private security guard qualification exam?

Question on the qualification exam:

The magazine of the IZH-71-100 service pistol has a capacity of:

— 10 rounds;

— 8 rounds;

— 12 rounds;

During the periodic inspection, questions are asked in the form of a statement, that is:

Does the magazine of the IZH-71-100 service pistol have a capacity of 12 rounds?

And the examinee answers either «yes» or «no».

And most importantly — primary sources. What laws regulate the administration of qualification exams and the issuance of certificates?

In order to understand the topic of licensing security guards in more detail, you need to study the following documents:
• Law of the Russian Federation of March 11, 1992 No. 2487-1 «On Private Detective and Security Activities in the Russian Federation» (Article 111);
• Tax Code of the Russian Federation (subparagraph 87 of paragraph 1 of Article 33333);
• Resolution of the Government of the Russian Federation of July 30, 2009 No. 629 «On Amendments to the Resolution of the Government of the Russian Federation of August 14, 1992 No. 587;
• Order of the Ministry of Internal Affairs of Russia dated June 19, 2006 No. 447 «On approval of the Instruction on the organization of work on licensing and implementation by internal affairs bodies of control over private detective and security activities on the territory of the Russian Federation»;
• Order of the Ministry of Internal Affairs of Russia dated July 15, 2005 No. 568 «On the procedure for conducting periodic checks by internal affairs bodies of the Russian Federation of private security guards, private detectives (detectives) and employees of legal entities with special statutory tasks for suitability for action in conditions associated with the use of firearms and special means»;
• Order of the Ministry of Internal Affairs of Russia dated September 21, 2009 No. 715 «On measures to improve the organization of licensing and control over private detective and security activities in the Russian Federation»;
• Order of the Ministry of Internal Affairs of Russia dated September 21, 2009 No. 716 «On amendments to the regulatory legal acts of the Ministry of Internal Affairs of Russia».
• Order of the Ministry of Health and Social Development of Russia No. 199, which amended the Unified Tariff and Qualification Handbook of Workers' Jobs and Professions (Issue No. 1) in terms of introducing the profession of «security guard» and qualification requirements for it (there are three professional categories of workers — 4th, 5th and 6th categories).

So, let's sum it up: a security guard must have professional training, which is confirmed by a certificate, and a desire to work. To do this, you need to undergo training, pass an exam and receive the certificate itself. It is also necessary to improve your qualifications at least once every five years.

Online qualification exam on the SecAndSafe.ru portal