MINISTRY OF INTERNAL AFFAIRS OF UKRAINE

THE ORDER

12.10.2020 Kyiv № 719

On refusal to issue a license to conduct security activities

The Ministry of Internal Affairs of Ukraine applied for licenses to carry out security activities by the limited liability companies “SECURITY COMPLEX “MARS”, “SECURITY AGENCY “MARS”, “SECURITY COMPANY “CONCORD SECURITY”, “SECURITY COMPANY “GRADIENT”, “SECURITY AGENCY “ALFA-CENTER” and PHYSICAL PERSON — ENTREPRENEUR LOBAK MYKOLA LEONIDOVYCH (hereinafter — license applicants).

Based on the results of consideration of applications and documents, it was established that there is a discrepancy between the data in the supporting documents and the actual state of these entities at the time of submission of documents.

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, in violation of the requirements of Article 1 of the Law of Ukraine “On Security Activities”, the position was recorded in the employment contract concluded between the individual entrepreneur Lobak Mykola Leonidovich and the employee Matselyuk Vitaliy Anatolievich, who is assigned the duties of a specialist in the organization of security measures, since a specialist in the organization of security measures is 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 the organization and conduct of security measures, control over the performance of the duties assigned to it by the security personnel.

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 organizing security measures, in accordance with the procedure established by law, as well as making a record of the position in the employment contract of Matselyukh V. A. in accordance with the requirements of Article 1 of the Law of Ukraine “On Security Activities”.

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 COMPLEX “MARS” (identification code 43836532; location: Pchilky Olena Street, building 2-B, apartment 501, Kyiv city, 02059; application dated 01.10.2020 № 632-2020);

LIMITED LIABILITY COMPANY “SECURITY AGENCY “MARS” (identification code 43836752; location: Pchilky Olena Street, building 2-B, apartment 501, Kyiv city, 02059; application dated 01.10.2020 № 633-2020);

LIMITED LIABILITY COMPANY “SECURITY COMPANY “CONCORD SECURITY” (identification code 43837066; location: Sichovykh Striltsiv street, house 37/41, office 9/3, Kyiv city, 04053; application dated 29.09.2020 № 620-2020);

LIMITED LIABILITY COMPANY “SECURITY COMPANY “GRADIENT” (identification code 43836857; location: Sichovykh Striltsiv street, house 37/41, office 9/3, Kyiv city, 04053; application dated 29.09.2020 № 619-2020);

LIMITED LIABILITY COMPANY “SECURITY AGENCY “ALPHA — CENTER” (identification code 43802791; location: Zvirynetska Street, house 63, Kyiv, 01014; application dated 01.10.2020 № 637-2020);

TO THE INDIVIDUAL ENTREPRENEUR LOBAKU NIKOLI LEONIDOVYCH (place of residence: Aivazovsky Street, house 48, Kakhovka city, Kherson region, 74800, registration number of the taxpayer's account card and other mandatory payments 2282418318; application dated 30.09.2020 № 623-2020).

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.