Regarding the possibility of concluding contracts for the provision of security services in electronic form in accordance with the requirements of the Law of Ukraine “On E-commerce”

According to Article 3 of the Law of Ukraine “On Electronic Commerce”, electronic commerce is a relationship aimed at obtaining profit arising from the conclusion of transactions on the acquisition, modification or termination of civil rights and obligations, carried out remotely using information and communication systems, as a result of which the participants of such relations have rights and obligations of a property nature. teru.

The organizational and legal principles of carrying out economic activities in the field of providing services for the protection of property and citizens are defined by the Law of Ukraine “On Security Activities”.

According to Article 7 of the Law of Ukraine “On Security Activities”, licensing of security activities is carried out in the manner prescribed by the Law of Ukraine “On Licensing of Business Activities”.

In accordance with Article 9 of this Law, the licensee is obliged to comply with the requirements of the license conditions of the relevant type of economic activity.

Clause 7 of the License Conditions for the Conduct of Security Activities (hereinafter — License Terms), approved by the Resolution of the Cabinet of Ministers of Ukraine No. 960 of November 18, 2015, provides that the subject of security activities is obliged to provide services for the protection of property and citizens on the basis of written civil law contracts security, which are concluded if the customers of security services have documents confirming their authority to own (use) the object of protection on legal grounds, as well as the legality of the stay of property, transport a vehicle or person in a designated place of protection.

From the analysis of the License Conditions, it is seen that the documents drawn up by the subject of security activities in electronic form are not equated with the written documents created by him in the process of carrying out security activities.

Thus, the conclusion by the subjects of security activities of contracts for the provision of security services in electronic form will contradict the requirements of special legislation on security activities.