Liability of a private security guard for violation of official duties.

Since security activities involve the use of special equipment or firearms, which often entails some abuse of authority, the security guard's responsibility for his actions must be clearly spelled out in the relevant documents. Let's consider the various types of responsibility that may be applicable in certain situations of security activities. We will consider criminal liability, administrative liability, disciplinary liability, and financial liability of the security guard.
Criminal liability occurs for abuse of authority by employees of private security or detective services. Abuse by the head or employee of a private security or detective service of the authority granted to them in accordance with the license, contrary to the objectives of their activities — thereby violating the official duties and rights of the security guard — if this act is committed with the use of violence or the threat of its use, is punishable by restriction of liberty for up to three years, or arrest for up to six months, or imprisonment for up to five years with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years. The same act, which entailed grave consequences, is punishable, according to the Criminal Code of the Russian Federation, by imprisonment for up to seven years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.

Job responsibilities of a security guard

Imply administrative liability in the event of administrative offences. Illegal wearing of uniforms with insignia, with symbols of state paramilitary organisations, law enforcement or regulatory agencies, committed by a person who has a special permit (license) to carry out private detective or security activities, in connection with the implementation of these activities, entails the imposition of an administrative fine in the amount of five to ten minimum wages with confiscation of uniforms, insignia, symbols of state paramilitary organisations, law enforcement or regulatory agencies.
Intentional damage to or breaking of a seal (mark) placed by an authorized official, except for cases provided for in Part 2 of Article 11.15 and Article 16.11 of this Code, shall entail a warning or the imposition of an administrative fine on citizens in the amount of one to three minimum wages; on officials — from three to five minimum wages.
The job responsibilities of a security guard include compliance with the rules for the registration, storage, and carrying of weapons and ammunition for them. Violation of these rules shall entail a warning or the imposition of an administrative fine in the amount of five to twenty minimum wages with or without the confiscation of the weapon and ammunition for a fee.
Shooting weapons in populated areas and other places not designated for this purpose, as well as in places designated for this purpose with violation of the established rules, shall entail the imposition of an administrative fine in the amount of up to ten minimum wages with or without confiscation of the weapon and ammunition for it.

Material liability of a security guard

Provision of private security services, either not provided for by law, or in violation of the requirements established by law, shall entail the imposition of an administrative fine on private security guards in the amount of ten to fifteen minimum wages; on heads of private detective or security organizations — from twenty to thirty minimum wages.
Illegal use in private detective or security activities of special technical means intended for covert acquisition of information and not provided for in the established lists shall entail the imposition of an administrative fine on private security guards in the amount of up to twenty minimum wages with confiscation of illegally used special technical means; on heads of private detective or security organizations (associations, associations), security services in organizations — from ten to twenty minimum wages.In accordance with the Decree of the Ministry of Labor of the Russian Federation dated 31.12.2002 No. 85, “security guard” is not a specialty included in the list of specialties that give the right to conclude individual or collective agreements on full financial liability. The security guard's financial liability may be imposed on the security guard only if the following mandatory conditions are met simultaneously:

direct actual damage caused to the employer (lost profits are not subject to recovery from the employee;
unlawful behavior of the employee and his fault in causing it;
a causal relationship between the actions (or inaction) of the employee and the damage (if proven as a result of operational investigative actions).

Disciplinary financial liability of a security guard of a private enterprise for committing a disciplinary offense, that is, failure to perform or improper performance by the employee, through his fault, of his job duties assigned to him. For committing a disciplinary offense, the employer has the right to apply the following disciplinary sanctions: — a reprimand; — a reprimand; — dismissal for relevant grounds.

Liability of a private security guard for violation of official duties.