August 20, 2020
The Ministry of Internal Affairs of Ukraine, in accordance with the Procedure for Conducting Public Consultations on the Formation and Implementation of State Policy approved by the Resolution of the Cabinet of Ministers of Ukraine dated November 03, 2010 No. 996, conducted electronic consultations with the public on the draft resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Policy Licensing conditions for the conduct of security activities” (hereinafter — the draft resolution), which was published on June 05, 2020 in the subheading “Draft regulations” of the heading “Normative base of the Ministry of Internal Affairs” Official website of the Ministry of Internal Affairs of Ukraine: here.
| No. of sales/n | Offer Information | Author of the proposal | Information about the consideration and/or omission of the proposal and remarks |
| ! 1 | In the proposed version of the draft resolution, amendments to paragraphs 6, 6 (2), 7 and 17 of the License Conditions shall be excluded as legally baseless and unreasoned | Council of Entrepreneurs under the Cabinet of Ministers of Ukraine (Prosyanyuk Vyacheslav Viktorovich) | Not taken into account. The draft resolution was developed in accordance with paragraph 2 of the order of the Prime Minister of Ukraine dated November 19, 2019 No. 36239/1/1-19 on bringing the normative legal acts of the Government into compliance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Improving the Procedure for Licensing of Economic Activities”. Amendments to paragraphs 6, 6 2, 7 and 17 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 (with amendments) (hereinafter — License Terms), are made in order to bring them into compliance with the Law of Ukraine “On Licensing of Business Activities” (hereinafter — Law) in terms of their supplementation with new requirements regarding the list of documents confirming the compliance of the business entity with the requirements of the License Conditions; the procedure of action of the security entity in case of suspension and renewal of license validity; establishing the content and forms of applications for license renewal, suspension and renewal of license validity, as well as information attached to the application for obtaining a license. Exclusion of amendments proposed by the draft resolution to paragraphs 6, 6 (2), 7 and 17 of the License Conditions will not ensure that the Government's regulatory act is brought into line with the Law |
| ! 2 | Paragraph 3 of paragraph 5 of the draft resolution proposes that the second subparagraph of paragraph 2 of paragraph 7 of the License Conditions be stated in the following version: “In case of change of such data, the licensee within one month from the day following the day of their occurrence, shall submit the relevant notification to the licensing authority in writing together with copies of the documents, confirming these changes (except for data on security personnel, the change of which is reported to the licensing authority quarterly until the 10th of the first month of the following quarter;” Taking into account the statistical reporting information on the involvement of about 70 000 workers in protection as a type of economic activity and the number of current licenses (about 7 000), the volume of paper information in the form provided for in the updated Annex 2 to the draft resolution should be almost 50 volumes quarterly, and 200 per year. In addition to a significant volume, this information is characterized by a lack of informativeness and expediency of practical use, since in the security industry one of the highest levels of staff turnover, which makes it impossible to analyze such a volume of information for practical purposes |
All-Ukrainian Association of Organizations of Employers of the Security Industry “Federation of Security Professionals” (Sydorenko Serhii Mykolaiovych) | It has been taken into account. Paragraph 3 (5) of the draft resolution proposes that the second subparagraph of paragraph 2 of paragraph 7 of the License Terms be stated in the following version: “In case of change of such data, the licensee within one month from the day following the day of their occurrence, shall submit the relevant notification to the licensing authority in written or electronic form. forms together with copies of documents confirming these changes (except for data on security personnel, the change of which is reported to the licensing authority quarterly by the 10th of the first month of the next quarter;” |
| ! 3 | Paragraph 2 1 of paragraph 6 provides for the provision of information on the availability of response transport, which contradicts the requirements of paragraph 1 of the first paragraph of part 1 of the ninth article 9 of the Law of Ukraine “On Licensing of Business Activities” as part of the exhaustive list of supporting documents that the authorities cannot require in accordance with the purity of the law Article 9 of the Law of Ukraine “On Administrative Services” | All-Ukrainian Association of Organizations of Employers of the Security Industry “Federation of Security Professionals” (Sydorenko Serhii Mykolaiovych) | Not taken into account. In accordance with paragraph 1 of part nine of Article 9 of the Law of Ukraine “On Licensing of Business Activities” (hereinafter — the Law), the requirements of the license conditions must be determined by the peculiarities of the conduct of the type of business activity subject to licensing and include an exhaustive list of supporting documents confirming compliance business entity to the requirements of the license conditions, except for documents that the authorities cannot require in accordance with part seven of Article 9 of the Law of Ukraine “On administrative services”, in particular, with regard to information on the means of conducting business activities. Paragraph 3 of part nine of Article 9 of the Law stipulates that the requirements of the license conditions include, in particular, organizational requirements for the conduct of the type of economic activity exclusively using the means of proceedings specified in the information submitted to the licensing authority in accordance with the requirements license terms. According to the second part of Article 15 of the Law, the licensee is obliged to notify the licensing authority of all changes to the data specified in the application, documents and information attached to the application for obtaining a license, within the period established by the license conditions. In accordance with subparagraph 2 1 of paragraph 6 of the current version of the License Terms, information on the means of conducting security activities (if any) is attached to the application for obtaining a license: information on the availability of special means (Annex 2 1), information about the presence of response transport (Annex 2 2). Annexes 2 1 and 2 2 are not new additions to the License Terms. The draft act proposes that Annexes 2 1 and 2 2 be published in new versions in order to clarify the information to be contained in the following Annexes |
| ! 4 | Subparagraph 3 of paragraph 5 of the draft resolution proposes to supplement paragraph 7 of the License Conditions with a new subclause 11 of the following content: “11) to conduct security activities exclusively using the means of proceedings specified in the information submitted to the licensing authority in accordance with the requirements of the License Terms”. In order to bring the License Terms in accordance with the Law of Ukraine “On Licensing of Business Activities”, it is proposed to leave the proposed changes subject to the detailing of the means of conducting security activities has limited their exhaustive list | All-Ukrainian Association of Organizations of Employers of the Security Industry “Federation of Security Professionals” (Sydorenko Serhii Mykolaiovych) | Not taken into account. Article 9 of the Law of Ukraine “On Security Activities” defines the means of proceedings that the subject of security activities has the right to use. The list of special means, the acquisition, storage and use of which are carried out by the subjects of security activities, was approved by the Resolution of the Cabinet of Ministers of Ukraine dated February 11, 2013 No. 97. In accordance with subsection 2 1 of paragraph 6 of the current version of the License Conditions, information on the means of conducting security activities (if any) is attached to the application for obtaining a license: information on the availability of special means (Appendix 2 1), information on the availability of response vehicles (Appendix 2 2). In view of the foregoing, as well as due to the fact that information on the means of conducting security activities must be submitted directly by license applicants and licensees, the licensing authority has no legal basis for determining an exhaustive list of such means for a particular business entity |
| ! 5 | Any requirements related to the formulation of the place of conduct of the type of economic activity do not take into account the peculiarities of the conduct of security activities (such requirements are provided for in subsection 2 of paragraph 6 of the License Conditions in relation to specialists in organizing security measures of the licensee, his branch, other separate division, etc.). In view of the proposed amendments to the paragraph of the first subparagraph of paragraph 2 of paragraph 6 of the License Conditions, it is proposed to provide in the following version “copies of documents confirming compliance with the established conditions of employment and the absence of restrictions in relation to the specialist (s) for the organization of measures to protect the licensee, his a branch of another separate structural unit, namely:” | All-Ukrainian Association of Organizations of Employers of the Security Industry “Federation of Security Professionals” | It has been taken into account. Paragraph 3 of the draft resolution proposes that the first subparagraph of paragraph 2 of paragraph 6 of the License Conditions be stated in the following version: “copies of documents confirming compliance with the established conditions of employment and the absence of restrictions in relation to the specialist (s) in organizing measures for the protection of the applicant for the license, namely:” |
| ! 6 | Subparagraph 4 of paragraph 3 of the draft resolution proposes to supplement paragraph 6 of the License Conditions with subsection 2 2 of the following content: “2 2) a copy of the document confirming the availability of places of conduct of its activities, in which customers of security services will be serviced, for low-mobility groups of the population, which is issued in the prescribed manner;” the vast majority of places of security activities do not provide for the maintenance of customers of security services. Service is carried out at protected facilities. It is proposed to state subparagraph 2 2 of paragraph 6 in the following version: “2 2) a copy of the document confirming the availability of places of their activities, provided that they provide services to customers and consumers of security services, for low-mobility groups of the population, which is issued in the prescribed manner;” |
All-Ukrainian Association of Organizations of Employers of the Security Industry “Federation of Security Professionals” | Taken into account.
Subparagraph 4 of paragraph 3 of the draft resolution proposes to supplement paragraph 6 of the License Conditions with subsection 2 2 of the following content: “2 2) information on the availability of places of economic activity, provided that customers and consumers of security services are carried out in them, for low-mobility groups of the population (Appendix 4).” |
As a result of electronic consultations with the public, it was decided to partially take into account the comments and proposals of public representatives on the draft resolution, to finalize the draft resolution and to publish its revised version on the official website of the Ministry of Internal Affairs and to re-submit for approval to the interested bodies.
| Acting Head of Licensing Department of the Ministry of Internal Affairs of Ukraine |
Vladyslav MAYBORODA |
