Features of Security Activities in the Republic of Belarus "Law of the Republic of Belarus dated November 8, 2006 No. 175-Z \"On Security Activities in the Republic of Belarus\"

Based on paragraphs seven and fifteen of Article 7 of the Law of the Republic of Belarus of November 8, 2006 No. 175-Z "On Security Activities", the Ministry of Internal Affairs has adopted the resolution of November 2, 2023 No. 241 "On Issues of Security Activities", which approves, among other things, the Instruction on the Procedure for Notifying the Special Security Authority about the Implementation of Security Activities Not Subject to Licensing.

Point 2 of the aforementioned instruction stipulates that the implementation of security activities not subject to licensing includes the provision of security for the organization’s employees and the protection of the property belonging to that organization.

Thus, if a legal entity plans to provide security for its employees and the property belonging to that organization, it must notify the department (branch) in the district, city, district in the city, or other settlement of the Department of Security of the Ministry of Internal Affairs (hereinafter referred to as the security unit) at the location of the organization about the implementation of security activities not subject to licensing, in the form according to the appendix to the aforementioned instruction no later than the day of the commencement of security activities.

The organization is obliged to notify the security unit about the acceptance of a new object for protection, indicating the information about the location of this object at the location of the organization or the location of the protected object no later than one month from the day of acceptance of the object for protection, along with copies of documents confirming its ownership by the organization. For example, if the organization is registered in the city of Minsk, and the new object it protects is located in the Minsk region, the organization has the right to notify the security unit at its place of registration or at the location of the new protected object.
Point 5 of the instruction on the procedure for notifying the special security authority about the implementation of security activities not subject to licensing specifies that the notification about the implementation of security activities not subject to licensing regarding the acceptance of a new object for protection is sent by one of the following methods:
by registered mail with acknowledgment of receipt;
in the form of an electronic document signed by the electronic digital signature of the head of the organization or another person authorized in accordance with the charter (founding agreement – for a commercial organization operating solely on the basis of the founding agreement) to act on behalf of the organization.

We remind you that subparagraph 2.1 of paragraph 2 of the Decree of the President of the Republic of Belarus of October 25, 2007 No. 534 "On Measures to Improve Security Activities" prohibits the provision of services for the protection of individuals, objects (property) of legal and natural persons, public order by legal entities not authorized to do so by legislative acts, the provision of services in the field of security activities or public order protection by individuals, including individual entrepreneurs, as well as the provision of security by legal entities for their employees at facilities subject to mandatory protection by the Department of Security of the Ministry of Internal Affairs.

Violation of the conditions and rules for the implementation of security activities entails administrative liability under Article 24.37 of the Code of the Republic of Belarus on Administrative Offenses.

Typical violations of legislation identified in the field of security activities. During technical (technological, verification) events, the following violations of legislation in the field of security activities are identified: violations of the conditions and rules for the implementation of security activities defined in the Law of the Republic of Belarus of November 8, 2006 No. 175-Z "On Security Activities", namely:
documents confirming the absence of a criminal record and the presentation of charges for committing a crime have not been submitted;
documents containing information about the non-annulment in the established legislative procedure of the permit for the storage and carrying of weapons concerning security personnel have not been submitted;
documents confirming the absence of being on preventive registration with the internal affairs bodies due to unlawful behavior concerning security personnel have not been submitted;
documents containing information about the non-recognition in the established manner as incapacitated or partially incapacitated concerning security personnel; security personnel have been allowed to perform duties without passing a qualification exam on security activities;
security personnel perform duties without having service identification cards and badges;
security personnel do not undergo medical examinations in the manner established by the republican body of state administration in the field of health care in agreement with the republican body of state administration in the field of labor;
security personnel use uniforms not approved by the Ministry of Internal Affairs;
documents confirming the special training of security personnel have not been submitted: security personnel have been allowed to perform duties without undergoing a fitness check for actions in conditions related to the use of physical force and special means;
security personnel do not undergo periodic (initial) checks for fitness for actions in conditions related to the use of physical force and special means; documentation on the organization and conduct of professional training of security personnel is absent.

The aforementioned violations are also classified under Article 24.37 of the Code of the Republic of Belarus on Administrative Offenses as violations of the conditions and rules for the implementation of security activities.

Head of the Braslaŭ
Security Department S.V. Matsuk