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Legal status of the security guard - part 1  



What legal status does the private security guard have?

The unequivocal and precise answer to this question is given with clause 11.1 of the Law « About private detective and security activity in the Russian Federation » brought in it on June, 6th, 2005 the special amendment accepted by the State Duma and approved by the President. According to given clause, activity of the private security guard is adjusted as the labour legislation of Russia, and  by the above -mentioned law, and its relations with the security enterprise are necessary for making out the contract of hiring (the labour contract). The private security guard can perform work and receives for this purpose the certain rights only at presence of the special business card of the private security guard which stands out bodies of the Ministry of Internal Affairs by way established by Ministerial council of Russia. It is possible to make a remark, that the status of the private security guard, according to the law, cannot unequivocally receive the following people:

 

1.    The Persons who are not having the Russian citizenship (the question of citizenship and its purchase is more detailed is regulated by the Federal Law from April, 19th, 2002 « About citizenship of the Russian Federation »);

2.    The Persons who have not reached 18-years age (the given restriction is rigidly established by the law and cannot change instructions of officials);

3.    Persons who are recognized to be incapacitated by the decision of court or their capacity is limited

On a question of capacity it is necessary to stop more in detail. According to legislative definition, capacity comes only from 18-years age and shows ability of the citizen of the state to get and carry out various rights with actions, to create duties and to execute them. Citizens, who are abusing alcoholic drinks or narcotic preparations, considerably worsen a financial position of their family under the decision of court can be limited in capacity. The order of such decision is stipulated by the remedial code of Russia. Above such citizens can establish guardianship. According to the law, only the right of fulfillment of fine household transactions remains to such persons. To make any other transactions, and also personally to receive the salary, pension or other incomes, no less than to dispose of them, he can only under the consent of the trustee. However such citizens are not relieved from the responsibility under transactions of property harm which they can cause.

Another matter - is incapacity. Incapacitated citizens whose mentalities in view of frustration cannot let them understand the value of their own actions and to admit and supervise these actions. Such citizens under the decision of court are admitted to be incapacitated, and above them a trusteeship is established;

4.    The Persons suffering from the diseases which are interfering in accomplishing functions of the private security guard. Their kinds are established by the Decision №300 by Ministerial councils of Russia from May, 19th, 2007 « about the statement of the diseases which stir to accomplishing functions of the private security guard ». There, in particular, long and chronic frustration of mentality which are shown in the form of proof heavy or often becoming aggravated infringements are included; frustration of behaviour and mentality owing to the use of psychotropic substances or preparations; the decrease in visual acuity demanding correction below 0,5 on one eye on a background of absence of sight on other or 0,2 on one eye and 0,7 on the other;

5.    Persons who have a previous conviction (except for previous convictions for unintentional crimes);

6.    Persons who are under examination, after presentation of charge by the way of, established by the criminal legislation (up to the sanction of a question on their guilt or innocence).



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