Order of 10.01.2022 № 8 On leaving without consideration the application for obtaining a license to conduct security activities

MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

THE ORDER

10.01.2022 Kyiv № 8

On leaving without consideration the application for obtaining a license to conduct security activities

The Ministry of Internal Affairs of Ukraine applied for the issuance of a license to conduct security activities by the limited liability company “HERMES CONSULTING GROUP” (hereinafter referred to as the license applicant).

According to the results of consideration of the application and the submitted documents, it is established that in the copy of the employment contract concluded by the head of the license applicant with an employee who is entrusted with the performance of the duties of a specialist in organizing security measures (hereinafter — specialist), the position of the employee does not comply with Article 1 of the Law of Ukraine “On Security Activities”, because the security guard is a specialist in organizing measures — the head of the security entity or his deputy, the head of a branch, another separate structural unit or his deputy, whose official duties include organization and conduct of security measures, control over the performance by the security personnel of the duties assigned to it.

In addition, the documents do not contain a copy of the passport of the Ukrainian citizen of the head of the license applicant.

In accordance with the requirements of paragraph 6 of the License Conditions for the Conduct of Security Activities, approved by the Resolution of the Cabinet of Ministers of Ukraine dated November 18, 2015 No. 960, to confirm the compliance of the specialist with the qualification requirements specified in paragraph 14 of these License Terms, a certificate dated July 23, 2021 No. 474 on the application is attached to the application service issued by military unit 3066 of the National Guard of Ukraine, stating that the specialist from February 24, 2020 to the present (on the day of issuance of the certificate) is on duty in the National Guard of Ukraine. There is no information about his release from military service.

At the same time, the first part of Article 1 of the Law of Ukraine “On the National Guard of Ukraine” stipulates that the National Guard of Ukraine is a military formation with law enforcement functions, included in the system of the Ministry of Internal Affairs of Ukraine.

Article 25 of the Law of Ukraine “On Prevention of Corruption” provides for restrictions on part-time work and combination with other activities for persons specified in paragraph 1 of part 1 of Article 3 of this Law, including military officials of military formations formed in accordance with the laws.

Such persons are prohibited from engaging in other paid activities (except teaching, scientific and creative activities, medical practice, instructing and refereeing in sports) or entrepreneurial activities, unless otherwise provided for by the Constitution or laws of Ukraine.

Thus, an employee with whom the head of the license applicant has concluded an employment contract, in accordance with the requirements of the law, cannot perform the functions of a specialist in the organization of security measures.

It is possible to eliminate these shortcomings by hiring an employee (specialist), whose position will correspond to Article 1 of the Law of Ukraine “On Security Activities”, qualification — requirements of paragraph 14 of the License Conditions, provision of copies of documents relating to him in accordance with paragraph 6 of the License Conditions, as well as copies of the passport of a citizen of Ukraine of the head of the organization License Applicant

In view of the foregoing and in accordance with paragraph 1, paragraph 2 of the third paragraph of part 2 of Article 12 of the Law of Ukraine “On Licensing of Business Activities”

I ORDER:

1. Leave without consideration the application dated December 28, 2021 № 113080 for obtaining a license for the conduct of security activities of the limited liability company “HERMES CONSULTING GROUP” (location: Mykhaila Hrushevskogo street, house 28/2, non-residential premises № 43, Kyiv city, 01021, identification code 42082295).

2. Department of Communications (Shevchenko A.) to ensure the posting of this order on the official website of the Ministry of Internal Affairs for the publication of the working day decision on the next day.

3. The Licensing Office (Chernyshova O.) ensure control over the execution of this order.

Deputy Minister Bohdan DRAPIATY