On June 17th, 2014 the Federal law “On amendments to the article 11.1 of the law of the Russian Federation “On private detective and security activities in the Russian Federation” was approved by the Federation Council. This law will establish new grounds for refusal of issuance and revocation of certificates of a private security guard. The main purpose of the bill was to solve the legal casus, existing at the present day.
Its essence consists in the following. Under the current legislation, one of the grounds for revocation of the certificate of a private security guard is “repeated involvement a private security guard to administrative responsibility during the year for committing administrative offences against the order of management and administrative offences against the public order and public safety”. However, in the list of grounds for non-issuance of the certificate of a private security guard it is not provided.
The consequence of this was a precedent, occurred in one of regions of the RF. The person, intended to obtain the status of a private security guard, was repeatedly raise during the year to administrative responsibility for committing administrative offences, encroaching on state institutions, administrative offences against the order of management and administrative offences against the public order and public safety. This fact confused employees of licensing and permitting services. This was the situation, where following the letter of the law, the certificate of a private security guard ought to be given to such a person (as there were no grounds to refuse the extradition and after the grant to cancel it), because repeated violations are grounds for its revocation.
Amendments, made to the article 11.1 of the Federal Law “on private detective and security activities in the Russian Federation”, eliminate such situations.
In addition, administrative violations in the field of circulation of narcotic drugs, psychotropic substances, their analogues or precursors of plants containing narcotic drugs or psychotropic substances, as well as administrative offences in the sphere of consumption of narcotic drugs or psychotropic substances without a prescription, are included in the list of administrative offences, which are the grounds for denial or revocation of the certificate of a private security guard. The basis of an instruction on administrative offences in this sphere, as seen, is the correlation of the provisions of this bill with the provisions of the Draft of the Federal Law №157425-6 “On amendments to certain legislative acts of the Russian Federation to introduce a compulsory medical examination for consumption of narcotic drugs or psychotropic substances for certain categories of citizens” (the bill was passed in the first Reading), which is under parallel consideration in the State Duma. Private security guards are included to these “certain categories of citizens”.
On June 16th, 2014 the bill, approved by the Federation Council, was sent to the President of the Russian Federation for signature. According to the Federal Law of June 14th, 2014 №5-FZ “On the procedure of publication and entry into force of federal constitutional laws, federal laws, acts of chambers of the Federal Assembly”, the document within 7 days from the date of its signing will be published and come into force on the expiry of 10 days from the date of publication.