Rights of private security companies. Conditions and limits for the use of special means. His actions in various situations

The army of security officers in Russia is truly huge. You can encounter them almost everywhere: in a bank, in a store, in a shopping center, in an entertainment center, in water parks, in museums and other places. But not many people know about the powers of representatives of this profession.

Right to detain citizens

The primary task of a security officer is to protect the protected property. Therefore Art. 12 of the Law of the Russian Federation dated March 11, 1992 No. 2487-1 “On private detective and security activities in the Russian Federation” (hereinafter referred to as the Law) establishes that a person who has committed an unlawful encroachment on protected property or violates intra-facility and (or) access control regimes may be detained by a security guard at the scene of the offense and must be immediately transferred to the internal affairs body (police).

However, the law does not establish exactly how detention should be carried out. Administrative detention is regulated by Art. 27.3 Code of Administrative Offenses of the Russian Federation. Art. 91 of the Code of Criminal Procedure of the Russian Federation establishes a list of persons who have the right to detain people as part of criminal proceedings. However, there are no security guards among the persons on these lists.
Based on the meaning of Art. 12 of the Law, it is possible to detain only persons who encroach on protected property (or are trying to enter the territory, access to which is carried out only with a pass), however, there are often cases of detaining citizens only on the basis of suspicion, and there are no legal sanctions for this provided. The law also did not establish the obligation of security guards to draw up any documents, so appealing this action seems extremely problematic.
Thus, de jure, a security guard can only detain a person who commits an unlawful encroachment on protected property, and he must balance the harm caused to the detainee and the harm prevented by the security officer. At the same time, it is almost impossible to hold a security guard accountable for illegal detention, unless he caused damage to the citizen’s health.

The right to exercise access control

According to Art. 12.1 of the Law, a security guard has the right to admit persons to security facilities where access control is established, upon presentation of documents entitling them to enter (exit) persons, enter (exit) vehicles, bring in (take out), import (export) property to security objects (from security objects).
In this case, we are talking about access to facilities that are closed to most citizens (factories, warehouses, private offices), to visit which you must present a document giving the right to enter. Such a access regime cannot be established in companies that are subjects of a public contract (for example, retail trade, transportation by public transport, communication services, energy supply, medical, hotel services), since all consumers must have access to such organizations. Refusal to allow a citizen to pass may be regarded as a violation of the requirements of paragraph 3 of Art. 426 of the Civil Code of the Russian Federation.

Right to make demands

Among the powers of security, there is the right to demand that staff and visitors to security facilities comply with intra-facility and access control regimes. The rules for compliance with intra-facility and access control regimes established by the client or customer must not contradict the legislation of the Russian Federation.
Most often, such requirements include a ban on attending a public event wearing dirty clothes or carrying large items without covers or special packaging that could harm other visitors.
However, in reality, citizens are more often faced with demands or.

Right to inspect

According to Art. 12.1 of the Law, the powers of the guard include, within the limits established by the legislation of the Russian Federation, at security facilities where access control is established, inspection of vehicles entering (leaving from security facilities) vehicles, with the exception of vehicles of operational services of state paramilitary organizations, if there is a suspicion that the specified vehicles are being used for illegal purposes, as well as inspection of property brought into (removed from) security facilities. Inspection of vehicles and property must be carried out in the presence of the drivers of these vehicles and persons accompanying these vehicles and property.
At the same time, the inspection is also not regulated, so it can be interpreted very freely. Security guards often require visitors to lay out the contents of their bags, which, obviously, should be interpreted as a search, however.

The right to use firearms and special equipment

Security officers have the right to use special means and firearms in the cases provided for in Section V of the Law.

The powers of security guards are very limited by law. In relation to law-abiding citizens who are in a public place, security company employees cannot make any demands at all. However, in fact, people are constantly faced with illegal actions by security guards (searches/bans on filming/use of physical force without justification, and so on). However, there is usually no protection against this. The police will not apply sanctions against a private security company unless the applicant has suffered serious harm to health.
This situation entails an erosion of trust in the institutions of power on the part of the population, while not the slightest sign is visible that would indicate the desire of at least one of the branches of government to change something in this area.

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Let's look at judicial practice to see what violations are most often encountered in practice.

Often, security company employees do not realize that exceeding their authority can lead to a real sentence.

1. Thus, in the verdict of April 27, 2017 No. 22-1390/2017 of the Omsk Regional Court, the fact of abuse of power was recognized. In accordance with Part 2 of Art. 69 of the Criminal Code of the Russian Federation, by partial addition of the imposed penalties, a punishment was finally imposed in the form of restriction of freedom for 1 year 7 months, with established restrictions: not to travel outside the territory of the municipality (the city of Omsk), not to change the place of residence or stay without the consent of the specialized state body implementing the supervision over the serving of a sentence in the form of restriction of freedom by a convicted person. According to the court verdict, the security guards were found guilty and sentenced for intentionally causing minor harm to health, causing short-term disorder, committed with the use of weapons, as well as for the commission by an employee of a private security organization, having a private security guard certificate, of actions that go beyond the powers established by the legislation of the Russian Federation regulating the implementation of private security and detective activities, and resulting in a significant violation of the rights and legitimate interests of citizens. The security guard drove over with a service vehicle, hitting the victim's legs.

2. In some cases, security guards may conduct illegal searches of things or persons on suspicion of theft. In this case, the injured person can go to court for compensation for moral damage. In the Appeal ruling of the Ulyanovsk Regional Court dated January 13, 2015 in case No. 33-25/2015, the court recognized the illegality of the security guard’s actions, the detention of the plaintiff with her young son and the subsequent search of her belongings by security officers was carried out illegally and, moreover, without any objective reasons. As follows from the video recording made by the defendant’s video cameras, the plaintiff showed I. the contents of her bag, and I. also examined the goods in the cart paid for by the plaintiff, comparing them with the names of the goods in the receipt. As the plaintiff explained, she presented her bag for inspection at the request of the security officer, since the latter claimed that the bag contained unpaid goods, and the goods in the cart were inspected by the guards without permission. As follows from the conclusion of the internal audit, the basis for the detention of the plaintiff was a video recording, according to which the plaintiff in the sales area took a product from the shelf - eye mascara. Believing that the goods had not been returned to their place, the senior shift guard gave the command to detain the plaintiff after paying for the goods at the checkout, which was subsequently done. However, when watching the video in slow motion, it is clear that the buyer, after looking at the product, returned it. The detention of the plaintiff with her young son and the subsequent search of her belongings by security officers was carried out illegally and, moreover, without any objective grounds. Thus, the employees of LLC OP Kordon-S. The personal non-property rights of both the plaintiff and her young son were violated.

3. Another type of common violation is failure to perform official duties. As an example, we can cite the Appeal Ruling of the Moscow City Court dated November 18, 2016 in case No. 33-41423/2016. The employer fired the employee due to improper performance of duties, since the employee did not patrol the territories. As a result, electrical measuring instruments, work clothes, radio stations, and office equipment were stolen from trailers. The court agreed with these facts, but changed the wording of the dismissal to the conclusion about changing the wording of the plaintiff’s dismissal from paragraphs. "A". clause 6, part 1, art. 81 of the Labor Code of the Russian Federation on clause 3, part 1, art. 77 of the Labor Code of the Russian Federation and dates of dismissal.

4. Another example of violations is theft. The decision in case No. A60-1591/2017 dated May 11, 2017 considered a dispute regarding theft. The court found that the security guards provided services negligently and without special uniforms. The inspection of the company's workers at the checkpoint was superficial or not carried out at all, the workers' bags were not checked, and a metal detector was not used. By virtue of Art. 401 of the Civil Code of the Russian Federation, a person who fails to fulfill an obligation or fulfills it improperly is liable in the presence of guilt (intention or negligence), except in cases where the law or contract provides for other grounds for liability. The absence of guilt is proven by the person who violated the obligation.

Among other things, it was established that these defendant employees:

• knew about thefts committed by shop workers in the security area entrusted to them (conductor shop).
• Surveillance cameras were periodically turned off to hide thefts committed by shop workers.
• They turned a blind eye in every possible way to the illegal actions of the workshop workers, including for reasons of material interest.

Thus, judicial practice regarding unlawful actions of security guards has quite a lot of basis.

It is important to clearly define by local acts the rights and responsibilities of a security guard, including the job responsibilities of a security guard, ethical rules and regulations, including rules of behavior with visitors, employees, and clients. Some companies have Codes of Ethics and, accordingly, a security guard must pass a test for knowledge of ethical standards; his salary depends on how well he performs his duties and how he communicates with other people. A number of companies even carry out polygraph tests on security guards in order to reduce the risks of theft, theft of property, and rude behavior with other persons.

It is very important to clearly define the labor function of a security guard in an employment contract. Labor function - work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work assigned to the employee. Therefore, a labor function is both the type of work assigned and the functionality assigned to the employee, that is, what he must perform as a working unit in the production process.

If a civil law contract is concluded for the provision of security services, then in such a civil law contract it is important to establish requirements for:

• protecting the life and health of citizens;
• protection of the object and property (including during its transportation) belonging to the customer on the basis of ownership, possession, use or other property rights;
• ensuring intra-facility and access control at the facility.

It is important to install the technical support of the protected object. For example, technically surrendering under protection can be carried out as follows. The responsible official, from among the management, after completion of the work turns on the security alarm and places all premises of the facility under security. In a separate guard room there is a light and sound alarm console, where all protected rooms and premises are located. When the responsible official of the plaintiff hands it over for protection, a toggle switch (green) lights up on the security console in the guards’ premises and the guards accept the object being handed over for protection against a signature in the established log. The key to the entrance (main) door of the protected building is handed over by the same official of the plaintiff at the security premises in a special container and is sealed. Security guards cannot independently interfere with the security system, which reduces the risk of abuse by security guards.

It is also important to organize internal control over security guards. This can be done using video surveillance not only of the entire territory, but also of the guards. If security guards exceed their powers, it is necessary to conduct an official investigation, which is documented in the appropriate act. The official investigation report must indicate the name of the enterprise, the position and surname of the perpetrator or the surname and place of residence of the individual (the culprit of the damage), the nature, place and time of the incident.

An employee may be involved in:

• disciplinary;
• administrative;
• criminal liability.

In order to hold an employee accountable, an internal investigation must be conducted.

The employer has the right to create a commission, including relevant specialists (Part 1, Article 247 of the Labor Code of the Russian Federation). It is recommended that such a commission include a legal adviser, an economist, a human resources officer and a security officer. The commission is created by an order drawn up in any form and signed by the head of the organization. Members of the commission must be familiar with this document upon signature.

The commission must determine the following:

• absence of circumstances excluding the employee’s financial liability;
• illegality of the employee’s behavior causing damage to the employer’s property;
• the employee’s guilt in causing the damage;
• a causal relationship between the employee’s behavior and the resulting damage;
• the presence of direct actual damage to the employer.

At the same time, the employer can recover damages from the employee that were caused by the performance of his duties. As an example from judicial practice, we can cite the Appeal Ruling of the Nizhny Novgorod Regional Court dated 02/21/2017 in case No. 33-1925/2017; in this decision, the court found it lawful to recover from the employee the amount of material damage that was caused by breaking glass in a parking lot.

Judicial practice and legal norms show that violations committed by security guards are a fairly common practice, which can be combated by clearly regulating the work of security guards, conducting official investigations and bringing the perpetrators to justice.

Despite the prevalence of this profession in the Russian Federation, few people know what exactly the job responsibilities of a security guard include, and the responsibilities of the functional head of security are generally known to a small circle. In this article we will touch on the above topics and try to substantiate their importance for the quality performance of duties by a private security guard when working in a private security company.

Functional responsibilities of a security guard

Few people think about the fact that all the activities of a private security guard are strictly regulated. Working procedures are refined to the smallest detail and are outlined in job descriptions. This attitude of society stems from the inattentive attitude of many security workers and even security chiefs of private security companies to their duties. This is the reason for the often illiterate and unskilled work on site that we can all observe. Imagine a police officer (although, unfortunately, this can be observed in reality) who only approximately knows his rights and responsibilities, the Law “On Police,” departmental orders and regulations. Would it effectively protect citizens and rights? But security officers work in the same area.

A lot depends on the professionalism of security staff: the safety of property, localization and resolution of conflict situations, competent response to emergency events, order and regime at the site and, ultimately, the life and health of citizens. The functional responsibilities of a security guard are actually formed not so much by the will of the management of the private security company, but rather based on the requirements: current legislation, orders of the Ministry of Internal Affairs, internal regulations of the Customer (regulations on checkpoints and security measures), legislation in the field of private security companies and many other factors. A competent head of a private security company will not undertake the protection of an object without drawing up a clear job description for his subordinates, which would take into account all the features of the protected object.

Basic duties of a security guard, for example in a store following:

• maintaining law and order on the territory of the facility and suppressing illegal actions of third parties;
• checkpoints based on the Customer’s internal regulations (service entrance);
• selective control of product protection on the sales floor;
• responding to alarms and cash register antennas, identifying the causes of the alarm;
• if there are grounds to believe that a theft is being committed, detain the suspect on the basis of Article 12 of the Law on Emergency Situations until the police arrive;
• response to the threat of an emergency.

The job responsibilities of a school security guard, security driver, bodyguard or facility security chief are different, but in essence they are based on the same documents given above.

What is a security guard prohibited from doing?

This is a required section of any job description. Unlike the “Responsibilities” section, the “Prohibited” section is very similar for everyone. Basic prohibitions:

• allow unauthorized persons into the territory of the protected facility;
• leave the post without the permission of the shift supervisor;
• independently change the duty schedule;
• be on duty during non-working hours;
• violate the established dress code;
• entrust the security of the facility to other persons, even for a short time;
• hand over keys to protected premises to unauthorized persons;
• read, smoke in the office premises, be distracted from duty;
• allow unauthorized persons to be at the post and in the office premises;
• accept and transfer to anyone any items, packages, packages, etc.;
• provide unauthorized persons with any information about the situation at the facility;
• disclose information about the procedure for storing valuables and collecting IPT;
• provide information about the employees of the security organization and the “Customer”, their addresses and telephone numbers;
• resort to actions that infringe on the rights and freedoms of citizens;
• use detective methods;
• hide from law enforcement agencies facts of impending or committed crimes or offenses that have become known to them;
• show rudeness, tactlessness, disrespect for residents, their guests, owners of commercial premises, their visitors, the staff of the “Customer” and its contractors;
• turn off signaling devices, communications and surveillance equipment;
• move fire equipment or use it for other purposes;
• while on duty, consume alcoholic beverages and drugs, and arrive on duty with obvious signs of their use.
• carry out actions within the competence of police officers (detention (except for cases under Article 12 of the Emergency Department), delivery, inspection, search).

Job responsibilities security guard depend, first of all, on what kind of object he has to protect. Indeed, in an office or at a jewelry factory, in a store or security for a private individual, a certain mode and technology of work is dictated. The presented sample job description for a security guard is best suited for an “office” security officer.

Security guard job description

I APPROVED
CEO
Last name I.O. ________________
"________"_____________ ____ G.

1. General Provisions

1.1. The security guard belongs to the category of technical performers.
1.2. A security guard is appointed to a position and dismissed from it by order of the General Director on the proposal of the head of the security service / head of security.
1.3. The security guard reports directly to the head of the security service/head of security.
1.4. During the absence of a security guard, his rights and responsibilities are transferred to another official, as announced in the order of the organization.
1.5. The security guard must know:
- laws and other legal acts of the Russian Federation regulating security activities;
- instructions on the access regime, samples of passes, waybills and other access documents;
- signatures of officials who have the right to give orders for the import and export (removal) of inventory items;
- rules for inspections of exported cargo;
- the procedure for detaining persons who committed theft, registering materials against them;
- rules for using technical means of security and fire alarm systems;
- the procedure for securing separate premises and responding to alarm activation;
- locations of primary fire extinguishing and communications equipment, procedures for using them.
1.6. The security guard is guided in his activities by:
- legislative acts of the Russian Federation;
- Charter of the organization, Internal Labor Regulations, other regulations of the company;
- orders and instructions from management;
- this job description.

2. Job responsibilities of a security guard

The security guard performs the following duties:
2.1. Responsible for the protection of objects and material assets.
2.2. Carries out document checks for persons entering the protected facility (exiting the facility) and control over the import and export (removal) of material assets.
2.3. Monitors the operation of security and fire alarm devices installed at the enterprise, reports their activation to the head of the security service / chief of security / duty officer at the facility, and, if necessary, to the internal affairs agency or fire department.
2.4. Finds out the reasons for the alarm and takes measures to apprehend violators or extinguish the fire.
2.5. Accepts separate premises equipped with alarm systems under protection from financially responsible persons.
2.6. When an alarm is declared at a guarded facility, the checkpoint closes, and the release (entry) of all persons from the facility (to the facility) is carried out only with the permission of the head of the security service / chief of security.
2.7. Detains persons attempting to illegally remove (remove) material assets from a protected facility or those suspected of committing offenses, and escorts them to the guardhouse or police station.

3. Security guard rights

The security guard has the right:
3.1. Request from the structural divisions of the enterprise information and documents necessary to fulfill his official duties.
3.2. Submit proposals for improvement of work related to the responsibilities provided for in these instructions for consideration by management.
3.3. Require the management of the enterprise to provide organizational and technical conditions and prepare the established documents necessary for the performance of official duties.

4. Responsibility of the security guard

The security guard is responsible for:
4.1. For failure to perform and/or untimely, negligent performance of one’s official duties.
4.2. For failure to comply with current instructions, orders and regulations on maintaining trade secrets and confidential information.
4.3. For violation of internal labor regulations, labor discipline, safety and fire safety rules.

The profession of a security guard involves performing actions that are regulated by law and the job description of a security guard at a private security company. Their list is determined by many factors, which we will consider in this article. Without a certificate of completion of training and passing an exam for the appropriate qualifications, no security guard can work. A watchman or watchman is not one of them; these are completely different positions.

Who can become a security guard

The activities of representatives of this profession are regulated by Law No. 2487-1 of March 11, 1992, which is called “On private detective and security activities in the Russian Federation.” Article 1.1 of it states that one can acquire this profession by reaching the age of 18 and passing an exam that confirms the qualifications of a security guard.

The concept of a private security guard does not apply to representatives of private security (related to the Ministry of Internal Affairs) or VOKhR (military security). By law, private security guards can work either in a private security company (private security company) or in the own security service of a non-state structure. Of course, departmental security is not available everywhere. If necessary, any organization has the opportunity to resort to the services of a private security company.

The law restricts individuals from becoming private security guards. A person who has a number of certain diseases (related to poor eyesight or mental disorders) or an outstanding conviction for an intentional crime will not be allowed into this profession.

Rank of private security guards

The duties and rights of a security guard are determined by his rank indicated in the certificate. Security guard exam tickets for the qualifying exam vary depending on what level you are taking. The powers differ in the same way.

If a security guard has rank IV, he is allowed to use special equipment that is not legally related to weapons. We are talking about a protective helmet and vest, handcuffs, and rubber batons.

Security guards of the V category have the right to use traumatic weapons. And those who have the VI category, in addition to all of the above, acquire the right to use firearms. They are primarily tasked with guarding and escorting particularly important objects.

Job responsibilities of a security guard

The content of a document such as a security guard’s job description is influenced by a number of circumstances. These include the type and structure of a private security organization or the enterprise’s own division, direction, as well as the types of objects to be protected. At the same time, the law limits the list of responsibilities of any private security guard, which exists in the form of a list of its main functions.

According to it, a security officer of an organization or enterprise or a representative of a private security company is obliged to protect the health and life of individuals, ensure the safety of entrusted property (including during transportation), protect public order during mass events, ensure access control at important facilities, and advise on legal methods of physical and legal self-defense. In a word, its main tasks are to ensure order and security and prevent theft at the site.

What else applies to them

In addition, the job responsibilities of a security guard may include work related to the installation and maintenance of alarm systems (for example, a panic button). This is done by mobile squads, whose task is to arrive at the site upon a special signal in order to counter the violators up to and including direct arrest.

It is important to note that the rights of a security guard at a private security company are quite limited. His official duties only allow him to detain the offender, but do not allow him to search or seize any objects. In the case, for example, of suspicion of shoplifting, a security officer has the right only to transfer the alleged offender to a police officer.

The limits of his responsibility are also regulated by the job description of a security guard at a private security company. In addition, the relevant information is contained in the collective agreement on financial liability. Typically, a security guard is not considered a financially responsible person and is obliged to answer only for valuables damaged by him.

What is the security guard responsible for?

Departmental security bears disciplinary responsibility on an equal basis with others in accordance with labor legislation. But a number of disciplinary offenses can interrupt his career as a professional. For example, going to work while under the influence of drugs is fraught with disqualification - the security guard's certificate may be revoked.

If a private security guard exceeds his own authority, he may face both administrative and criminal liability. The latter option is possible for the use of weapons or special means without good reason or for exceeding the measures necessary for arrest.

Everyday life of a security worker

Now let's take a closer look at the typical job responsibilities of a security guard. What exactly does he do on duty?

According to the job description, he:

• Checks the availability, serviceability and completeness of existing security equipment using the inventory;
• Monitors the performance of the control system and receives a report on the work of the previous shift;
• Responsible for maintaining access control at the enterprise;
• Patrols the territory according to the patrol schedule;
• In the event of unauthorized entry into a protected facility or a violation of the security system or regime, he immediately notifies the superiors in charge of the security service;
• Provides reference services to visitors as needed;
• Maintains the completeness and cleanliness of the security guard’s own uniform;
• Keeps weapons and ammunition in order, is familiar with the procedure for their inspection and operation;
• Able to use the security means entrusted to him. Having discovered suspicious items (bags, boxes) left unattended, informs immediate superiors;
• In the event of a fire, ensures an urgent call to the fire department and eliminates the source of fire using available means.
• Familiar with communication devices and able to work on air;
• Monitors equipment that requires regular recharging (radio stations, flashlights, stun guns, etc.);
• If necessary, provides first aid and has the necessary skills;
• Does not allow violations of safety regulations at the facility.

Procedure

What exactly should a security officer on duty do to perform all of the above duties? He will have to make sure that the equipment entrusted to him is available and in good working order. The latter includes a device that records events in the Dispatcher system.

The device is accepted at the beginning of duty according to the instructions. Then - the available lighting means (lamps, lanterns, spotlights). Fire-fighting equipment. It should be noted that strict knowledge of the procedure for operating equipment, communications, weapons, first aid kits, etc. is the direct responsibility of this official.

If the post is located outside the building, the guard must keep it clean and tidy, remove debris, leaves and snow. If necessary, he knows how to provide the necessary medical assistance before calling a doctor.

His actions in various situations

When starting duty, the security representative takes over the territory from the person replacing him and checks the integrity of equipment, locks, window glass, doors and seals. In the event of the arrival of strangers, he clarifies the purpose of the visit and, if necessary, issues passes with the obligatory requirement of an identification document.

In the event of a fire, he calls security by phone 01 and independently begins to evacuate people and material assets from the premises. Having discovered an act of opening a premises or warehouse, as well as a violation of seals, he takes all measures to strengthen the security of the facility before the police arrive, notifying his superiors.

The security guard monitors the removal of large cargo (boxes, packages, large boxes and containers) from the territory of the facility and does not allow this without the written permission of the security chief. Maintains a laced and numbered log of duty delivery and acceptance. Carefully monitors the entry of strangers into the territory. Regularly walks around the object, checking in at control points with the “Dispatcher” device.

Be vigilant!

Monitors the actions of employees who have access to material assets in order to protect them. Using communication means (telephones, radio stations), he transmits information concisely and concisely, without clogging up the airwaves. Continuously monitors the security alarm remote control and, if necessary, is always ready to respond to an alarm signal.

The security guard is obliged to handle the weapon entrusted to him carefully and carefully, he is responsible for its safety and inviolability. The same applies to all special equipment. When taking duty, a security guard must be dressed in a uniform according to the established pattern and have an official insignia. He must be aware of the content of orders for the enterprise directly related to its activities, service instructions and safety regulations.

And other points...

When not on duty, the guard is required to attend theoretical training and basic self-defense classes a certain number of times a month. While on duty, he has no right to drink alcohol, be distracted from his immediate official duties, or transfer his functions to third parties without consulting with management.

If it is impossible to go to work, he is obliged to notify about this no later than 18 hours before the start of the shift. Reports all identified incidents and violations to superiors in airport uniform. If a security guard's duties are violated intentionally and systematically, he may be subject to administrative punishment.