Order dated 09.11.2020 № 788 On refusal to issue a license to conduct security activities

MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

THE ORDER

09.11.2020 Kyiv № 788

On refusal to issue a license to conduct security activities

The Ministry of Internal Affairs of Ukraine with applications for obtaining licenses for the conduct of security activities was applied by the limited liability companies “SECURITY AGENCY “VARTA PLUS” and “SECURITY COMPANY “SPARTA PLUS” (hereinafter - license applicants).

According to the results of consideration of applications and documents, a discrepancy between the data in the supporting documents and the actual state of these business entities at the time of submission of documents was established.

Thus, employment contracts are concluded between license applicants in the person of the director as an employer and an employee who is accepted as a deputy director with the duties of a specialist in organizing security measures. These employment contracts are concluded at the main place of work and do not provide for part-time work, and therefore, there is a violation of labor legislation, since according to the terms of these contracts it is impossible for a specialist to simultaneously perform labor protection measures in several business entities.

In addition, license applicants are not provided with information about the availability of special means (Appendix No. 2 1), about the availability of response vehicles (Appendix No. 2 2), and the submitted applications for obtaining licenses do not comply with Appendix No. 1 to the License Conditions for the Conduct of Security Activities, approved by the Resolution of the Cabinet of Ministers Ukraine as of November 18, 2015 № 960.

It is possible to eliminate these shortcomings by concluding contracts for the employment of an employee who is entrusted with the performance of the duties of a specialist in the organization of protection measures, in accordance with the procedure established by law, and the provision of annexes No. 1, No. 2 1, No. 2 2.

In accordance with paragraph 2 of part three of Article 13 of the Law of Ukraine “On Licensing of Business Activities”

I ORDER:

1. Refuse to issue a license to conduct security activities:

LIMITED LIABILITY COMPANY “SECURITY AGENCY “VARTA PLUS” (identification code 42696052; location: Turgenevska Street, building 76/78, office 47, Kyiv city, 04053; application dated 29.10.2020 № 701-2020);

LIMITED LIABILITY COMPANY “SECURITY COMPANY “SPARTA PLUS” (identification code 42696010; location: Priymachenko street, house 1/27, office 304/6, Kyiv city, 01042; application dated 29.10.2020 № 702-2020).

2. Department of Communications (Shevchenko A.) to ensure that the order is posted on the official website of the Ministry of Internal Affairs for publication no later than the working day following the day of adoption of this decision.

3. Licensing Administration (Kamyshanov V.) to ensure control over the execution of this order.

Deputy Minister Serhiy HONCHAROV