THE CONDUCT OF SECURITY ACTIVITIES

From June 21, 2023, the Resolution of the Cabinet of Ministers of Ukraine dated April 18, 2023 No. 341 “On Amendments to the License Conditions for the Conduct of Security Activities” entered into force.

This resolution added to subparagraph 2 of paragraph 6 and paragraph 17 of the Licensing Conditions for the Conduct of Security Activities, approved by the Resolution of the Cabinet of Ministers of Ukraine dated November 18, 2015 No. 960, (hereinafter — License Terms), which obliges the licensee when hiring security personnel, in addition to the documents necessary for recruitment to the subject of security activities, obtain from them information about the person's service in the military reserve or his stay in the military operational reserve of the territorial center of recruitment and social support (military unit) specified in the military ticket, contract, certificate from the territorial center of recruitment and social support (a copy of the relevant document is attached), except for persons who are not subject to conscription during mobilization.

In accordance with paragraphs 14, 17 of the License Conditions, during the hiring, a specialist in the organization of security measures must submit, and the licensee is obliged to obtain the documents necessary for employment to the subject of security activities, in particular, the above information.

This information at the time of hiring informs the employer about the passing or not of the service of a person in the military reserve, or whether or not he is in the military operational reserve of the territorial center of recruitment and social support (military unit).

At the same time, in accordance with subclause 10 of paragraph 13 of the License Conditions, during the organization and conduct of security activities, it is forbidden to involve in security measures persons who have not submitted the documents necessary for employment, or do not meet the qualification requirements.

Therefore, at present, the employer's involvement in security measures of persons who were hired before June 21, 2023 without information received from them about the person's passage or non-service in the military reserve, or whether or not he was in the military operational reserve of the territorial center of staffing and social support (military unit), will be contradictory comply with the license terms.