There are often situations when at enterprises and in organizations employees of PSCs make demands on personal inspection and examination of things of workers and citizens. Are they right?
In accordance with Article 12.1 of the Law of the Russian Federation from March 11th, 1992 № 2487-1 “On private detective and security activity in the Russian Federation”, private security guards in ensuring inside the object and access control are endowed with official powers: to require to observe the regimes by staff and visitors of the protected object, specified by the customer, not contradicting the legislation of the Russian Federation; to conduct the inspection of the introduced property to the protected object (exported property from the protected object) within the limits established by the legislation of the Russian Federation, to use special means and firearms in cases and manner established by the legislation of the Russian Federation.
Actions of private security guards on the objects of protection are regulated by the job description of a private security guard, which contains the list of rights and responsibilities of a private security guard while ensuring inside the object and access control, including under Article 12.1 of the Law.
Personal inspection, examination of things, being in possession of a natural person, is made by the officials, mentioned in Articles 27.2 and 27.3 of the RF Code of administrative violations, to which employees of private security organizations are not related.
Thus, the requirement of private security organizations on personal inspection of workers and employees in enterprises and organizations is illegal.