Private security activities in Russia

After the signing of the Law of the Russian Federation No. 2487-1 “On Private Detective and Security Activities in the Russian Federation” on March 11, 1992, control over private detective and security activities was entrusted to the Licensing and Permission Department of the licensing and permitting work of the Ministry of Internal Affairs of Russia , which is responsible, in particular, for weapons turnover.

The latest decree of the Government of Russia ^[3] “On Certain Issues of Private Detective (Detective) and Private Security Activities” establishes the current procedure for licensing, maintaining a register of licenses, notifying internal affairs agencies about the beginning and ending of the provision of security services, as well as about changing the composition of founders. The decree also establishes a list of technical means for PSM in the provision of specialized services. Among other provisions, the provision provides for a private security market for foreign citizens and companies, since:

Contribution to the charter capital of a private security organization of funds by foreign citizens , citizens of the Russian Federation, having citizenship of a foreign state, stateless persons, foreign legal entities, as well as organizations whose founders (participants) include these citizens and persons, is prohibited , unless otherwise provided for by international treaties of the Russian Federation.

The law gave the right to Russian citizens in the prescribed manner to provide services with firearms. Moreover, with the advent of the rule of law allowing the licensed possession and targeted use of firearms, the simplified procedure for obtaining a Makarov pistol brought about a number of problems associated with its storage, transportation and use .

Role and Place

At its core, security activities, while remaining a service sector due to the lack of a systematic approach, unlike the established security industry (manufacturers of technical equipment) perform an undeclared function of ensuring state security on an off-budget basis. If the state law enforcement system is financed from the state budget and has a strict system function, as reflected in current legislation, then private security activity exists on income from its own entrepreneurial activity and is not systemic in nature.

State Audit

The state control over security and detective activities in the structure of the Main Directorate of the Ministry of Internal Affairs of Russia to ensure the protection of public order and coordination with the executive authorities of the Russian Federation is legally assigned to the Licensing and Permission Directorate of the Federal Service for Internal Affairs of the Russian Federation.

At present, as a result of the reorganization in the structure of the GUOOP of the Ministry of Internal Affairs of Russia and the need to implement Government Decision No. 498 of June 23, 2011, the Office for the Implementation of State Policy in the Field of Private Detective (Detective) and Security Activities has appeared. It included the creation of a department for prospective planning of measures to improve the organizational and legal support of PPHD (Private detective and security activities).

As follows from the documents, 2010 is a transitional stage in the activities of the security community in the framework of the requirements of the new legislation ^[4] .

Coordinating Council at the Department of Internal Affairs of the Ministry of Internal Affairs of Russia

By order No. 26 of May 15, 2008, the Coordinating Council for Cooperation with Security and Detective Structures was created as a deliberative and advisory body at the Ministry of Internal Affairs of the Ministry of Internal Affairs of Russia ^[5] . 5000 representatives from 7000 ^[6] (which makes up about a third of all registered in Russia) PSMs are included in the COP system. The interaction of the Constitutional Court and security structures is determined on the basis of internal documents of the members of the Constitutional Court ^[7] .

In accordance with the decision of the Presidium of the Coordinating Council for Interaction with Security and Detective Structures of February 4, 2009, the Security Management magazine is the official information body of the Constitutional Court under the Department of Internal Affairs of the Ministry of Internal Affairs of Russia ^[8] .

Working group at the Federal Drug Control Service

In 2011, a Working Group ^[9] was established in the structure of the Federal Service for Drug Control of the Russian Federation to organize interaction with private security organizations under the Department for ensuring interagency cooperation of the Federal Drug Control Service of Russia.

FSB Advisory Board

On December 10, 1996, about 80 heads of security organizations of veterans of the KGB of the USSR held a meeting in Lubyanka to integrate their own potential. A year later, by order of Nikolai Kovalev, an Advisory Council was created under the director of the FSB. The Council lasted until 2004.

Over the period of its existence, in absolute numbers of quantitative growth of licensees, the market has shown complete dependence on the economic condition of the country. Based on this, the market share is calculated by the number of locally registered PSMs. About 38% of the security market is concentrated in Moscow and the Moscow region. Its share in St. Petersburg and the Leningrad Region is 11-15%. The remaining cities with millionaires account for 2 to 5% of the market. The peak of quantitative growth of PSOs (about 15% per year) in Russia occurred in 2008-2009.

Private security organizations

Despite a rather long real presence in the life of the country, only by Order No. 199 of April 17, 2009 the Ministry of Health and Social Development of the Russian Federation introduced the new profession “security guard” into the “Unified Directory of Professions” ^[10] .

As of January 1, 2010 (the beginning of the Federal Law of December 22, 2008 No. 272-FZ), 27,500 private security agencies and 719,000 licensed security guards were operating in Russia. In service consisted of 100 600 units of firearms.

As of January 1, 2011, 24,000 private security organizations were operating in Russia, ensuring the safety of 482,000 objects. Including 5500 private security institutions guarded 192,000 objects using weapons. In the state of private security organizations, 641,000 people worked as qualified guards, of which 183,000 worked using weapons ^[6] .

Among the private security guards are 93,500 former employees of the internal affairs bodies, 8,000 former military personnel of the internal troops of the Ministry of Internal Affairs, 8,500 former employees of the state security agencies, 7,000 former employees of other law enforcement agencies, and 34,000 former military personnel of the Ministry of Defense.

Based on the data provided by an official source ^[6] , approximately one fifth of the people who have been trained as specialists in fasting and operational work in private security work today.

The statistical reduction in private security activities in June 2010 amounted to:

• PSOO - more than 10%
• personnel, about 8%
• the number of firearms in the OSS is about 6%.

At the same time, the number of protected objects increased by about 5%.

According to the Department for the Organization of Licensing and Permitting Work of the Ministry of Internal Affairs of Russia, the number of security companies licensed to carry out security activities has decreased: from 23,676 security organizations in 2013 to 23,594 - in 2014. At the same time, the number of private security guards for the year increased by almost 30 thousand (from 688 thousand in 2013 to 719 thousand in 2014), most of them had the lowest qualification level. ^[eleven]

At the beginning of 2019, there were 20,897 PSOs and 645,517 employees of PSOs in Russia ^[12]

Private Investigators

A private detective is a citizen of the Russian Federation registered as an individual entrepreneur who has received a license to carry out private detective (detective) activity in the manner prescribed by this Law. The most representative profile structure of the Association of Russian Detectives ^[13]

Training

Vocational training and retraining of personnel for private protection in accordance with current legislation ^{[14] is} carried out on a commercial basis by non-governmental educational institutions (NOW).

On July 30, 2009, the Ministry of Internal Affairs of Russia prepared a resolution ^[15] that defines the procedure for issuing a private security guard certificate and conducting a qualification exam. Order of the Ministry of Internal Affairs of Russia dated September 21, 2009 No. 716 established a mechanism for the implementation of these activities ^[16] .

The total number of training hours for the candidate training program for obtaining a license should be at least 240 hours, for the retraining program - at least 72 hours for the academic disciplines provided for the training program for private detectives and private security guards.

• Professional training and advanced training of private detectives are carried out in educational institutions of secondary vocational and higher professional education.
• Vocational training and advanced training of private security guards are carried out in educational institutions of additional vocational, primary vocational, secondary vocational and higher professional education.
• Further training of heads of private security organizations is carried out on the basis of educational institutions of additional professional, secondary vocational and higher professional education.

As of April 2010, the success rate for the qualification exam in Russia was 22.2% ^[17] .

Bodyguards

Currently, in Russia, the bodyguard profession does not have a legal framework . Along with this, the provision of life and health protection services with firearms is regulated by the above law. The share of personal security services in the market is approximately 2%. The estimated number of bodyguards in the Russian Federation in August 2011 is about 8,000 people who are entitled to provide services with firearms. This number does not include specialists without certificates of private security guards, senior employees of specialized units, as well as those who perform this work occasionally ^[18] .

A feature of the work of bodyguards is that the service itself does not require licensing if it does not use firearms. With the advent of traumatic weapons in the Russian turnover , some specialists in the field of personal security switched to a way of working independent of private security legislation. In the absence of a legal framework, it is practically impossible to identify and qualify this activity.

Specialized public organizations

Currently, over 60 specialized associations are registered in Russia, which include trade unions of security guards, associations of veterans of the law enforcement system and the armed forces, specialized foundations, associations and other organizations, where the founders are individuals and legal entities whose statutory tasks are directly related to private issues security activities.

Profile Associations

Non-governmental organizations strictly adhering to the “guild” principle, where the determining principle of membership is civil service in a special unit. Representatives of this group of public associations are the organizations Alpha ^[19] , Vympel ^[20] , Vityaz ^[21] and Rus ^[22] . Moreover, the degree of integration of the structure is different - not all organizations of the same name have a centralized authority.

The association, using the “shop floor” name, has a different organizational and legal structure and is engaged in solving statutory tasks with the available forces and means.

Veteran Organizations

The basic organizational principle of veteran associations is the common interest, as a rule, of reserve officers of the army and law enforcement agencies, in the implementation of a wide range of joint projects using existing administrative and commercial opportunities.

Such structures include Devyatichi ^[23] , the Association of Veterans and Security Officers of the President ^[24] , the Russian Paratroopers Union ^[25] , and others.

Workshop organizations

The most numerous and at the same time latent are organizations that are created with the aim of combining to solve the commercial as well as image interests of the leaders or owners of private security institutions. Legal forms are present in a wide variety from non-profit partnerships to foundations, councils and associations. In fact, the form and name marks the direction or “shop niche” of the activity of a public organization or association.

The range of activities of such organizations is wide ^[26] .

Unions

The classic form of organization of workers in the industry as a trade union is represented in private security activities by several organizations.

This is, first of all, the All-Russian Trade Union of Workers of Non-Governmental Security Organizations — the Trade Union “Security” ^[27] , the “Trade Union“ Law and Order ” ^[28] , the All-Russian Trade Union of the NSS (Non-State Security Structures) ^[29] .

The total representation of personal members of a trade union in the field of private security activities is no more than 6-8% of the total number of licensed security guards and is approximately equal to the number of directors of private security organizations .

Plurality

A very characteristic feature of this social activity is the multitude - the participation of one and the same legal or natural person in two or more public organizations. In practice, this leads to the fact that very few so-called real active in the socio-political segment of the Russian private security market become “Multi-format” structures, but statistically formally “work” many dozens of them .

Competition

As in any market, competition , as an unchanging market condition, has a significant impact on the development of private security activities in Russia, having a bilateral character.

Internal Competition

Internal competition reflects the struggle between the PSM for the opportunity to conclude an agreement on the protection of a particular property with its owner (which means making a profit ) and, first of all, is characterized by the size of the administrative resource of an individual PSO (this resource assumes stable relations of the PSO management with relevant state structures (customers) from the executive to the territorial oversight bodies).

A separate manifestation of competition in the market is dumping . Chairman of the All-Russian Trade Union of the Non-State Security Sphere Dmitry Galochkin in 2015 spoke about dumping:

  A lot of regional companies are appearing on the market, staffed by non-professionals, who are furiously dumping, reducing the cost of contracts by 30%, and sometimes by 50%.  Excessive dumping leads not only to a decrease in the quality of security services, but also to social insecurity of pseudo-ass workers.  You can’t even feed a watch dog with the salaries that people in these offices receive.

External Competition

External competition reflects the relations of individual private security organizations, as well as various organizations associated with private security organizations, regarding facilities protected by state security agencies ( private security of the Russian Guard , FSUE "Security" of the Russian Guard, departmental security , transport security units, etc.), which include including the right to provide services on a commercial basis.

Struggle for objects guarded by FSUE Okhrana

On May 4, 2011, the Federal Antimonopoly Service, on the basis of statements initiated by the PSO, instituted proceedings against the Ministry of Internal Affairs of Russia, observing the actions of the FSUE “Protection” controlled as a violation of the antimonopoly legislation. FSUE “Protection” of the Ministry of Internal Affairs of Russia was created in accordance with a decree of the Government of Russia dated February 11, 2005 “Issues of reforming private security at the internal affairs bodies of Russia” on the basis of paramilitary and watch units of private security under the internal affairs bodies of Russia, which carry out design, installation , maintenance and repair of technical security equipment. According to the Federal Antimonopoly Service of Russia, this resolution did not assign to the FSUE Okhrana the Ministry of Internal Affairs of Russia functions for the protection of objects subject to state protection. In accordance with the law, the function of protecting objects subject to state protection is assigned to the Ministry of Internal Affairs of Russia (private security). Thus, the Ministry of Internal Affairs of Russia, having secured the right to protect objects subject to state protection in the Charter of FSUE Okhrana, has endowed the economic entity with the functions and rights of an authority ^[30] .

As a result, the FAS Russia commission issued an order to the Ministry of Internal Affairs of Russia on the need to amend the Charter of FSUE Okhrana regarding the exclusion of provisions that do not meet the requirements of the legislation on protection of competition. In addition, FSUE Okhrana issued an order on the need to calculate the economically reasonable price for the security services of the Lipetsk branch of FSUE Okhrana used in 2012, thereby eliminating the violation of antitrust laws ^[31] .

The private security company, referring to the FAS Russia, despite the position of the Supreme Court of the Russian Federation ^{[32] [33]} , used the conceptual apparatus of the Federal Law of May 27, 1996 No. 57-FZ “On State Protection” (definitions “state protection” and “object of state protection” ”,“ Protected objects ”), incorrectly interpreting the terms“ state protection ”,“ objects subject to state protection ”, enshrined in Art. 11 of Law No. 2487-1 “On Private Security and Detective Activities in the Russian Federation” and Decree of the Government of the Russian Federation of August 14, 1992 No. 587 “Issues of Private Detective (Detective) and Private Security Activities”, which approved the List of objects subject to state protection. In July 2011, the Supreme Arbitration Court of the Russian Federation already indicated that Resolution No. 587 and Federal Law No. 57-FZ have different regulatory subjects ^[34] .

As a result, the Government of the Russian Federation initiated amendments to Law No. 2487-1 ^[35] , according to which the List of objects subject to state protection was renamed to the List of objects to which private security activity does not apply. Accordingly, the discrepancies in the terms used by the PSM to initiate legal proceedings against state security agencies have been eliminated.

Struggle for objects protected by departmental protection

In connection with the creation of non-governmental organizations engaged in the protection of property, various authorities and organizations have repeatedly tried to partially or completely eliminate primarily the system of state departmental protection, hiding behind good intentions, which hide commercial interest.

04/18/2002 deputies G.V. Gudkov (former president of the Oscord security association), M.I. Grishankov , S.I. Zagidullin (former president of the Yaroslavl regional public organization "Association" Sobos "(" Security systems, security, property ”) ^[36] , A. D. Kulikov , G. I. Raikov , V. I. Cherepkov submitted for consideration to the State Duma of the Federal Assembly of the Russian Federation bill No. 200212-3, which provided for departmental protection the right to protect only objects state form of property con- cern ^[37] .

The negative consequences of the adoption of the bill would be the transfer of most of the infrastructure of the Russian Federation and the transported goods under the protection of private security companies, which would mean the actual liquidation of the state departmental security system and the weakening of protection of especially important non-state-owned facilities. The bill was prepared in the interests of the private security institution, while they would retain the right to protect state property (health facilities, education, etc.). 12/10/2002 deputies withdrew the bill.

In 2006, Deputy Minister of Economic Development and Trade A.V. Sharonov tried to take measures to eliminate departmental security. However, he faced opposition from power ministries, which cooled the ardor of the honored economist.

In 2014, private security companies and related public organizations openly stated that they intend to fight with state security organizations and seek help from the Federal Antimonopoly Service . ^{[38] [39]} . Representatives of the non-state security sphere (NSS) refer to the legislation on the WTO and competition ^[40] . At the same time, the WTO norms do not remove the obligations of state authorities in protecting life, health, rights and legitimate interests of citizens, ensuring the country's defense and state security. Accordingly, these powers of the state are regulated by domestic law. It should be noted that in accordance with Articles 71 and 72 of the Constitution of the Russian Federation , the jurisdiction of the Russian Federation includes, inter alia: defense and security . State and municipal tasks as subjects of state control and issues of local importance per se are not subject to transfer or delegation to private entities, although the latter may be involved in their solution ^[41] .

В соответствии с действующим законодательством большинство организаций, имеющих негосударственную организационно-правовую форму (ОАО, ЗАО и др.), не обременены обязанностями по защите интересов государства, не имеют права реализовывать специальные полномочия по защите охраняемых объектов, которые предоставлены законодателем только государственным охранным организациям: применять меры обеспечения производства по делу об административном правонарушении, определенные Кодексом Российской Федерации об административных правонарушениях; обеспечивать сохранность сведений, составляющих государственную и иную охраняемую законом тайну; использовать боевое оружие; осуществлять защиту охраняемых объектов при введении военного положения.

16 апреля 2014 года депутат А. К. Луговой (лоббист интересов ЧОО) внес на рассмотрение в Государственную Думу Федерального Собрания Российской Федерации проект Федерального закона "О внесении изменений в Федеральный закон «О ведомственной охране» № 500359-6 ^[42] , который содержал нормы, направленные на ликвидацию системы государственной ведомственной охраны под предлогом развития конкуренции на рынке охранных услуг. Однако, Правительство РФ, МВД РФ и иные министерства и агентства выступили против. Депутат вынужден был отозвать законопроект.

При этом лидеры НСБ продолжают вести конкурентную борьбу под предлогом защиты государственных интересов, например в феврале 2017 г. заявлено следующее ^[43] :

Всегда лидеры охранного сообщества в своей работе придерживаются одной мысли: интересы частные, а цели государственные. Костяк НСБ составляют те, кто давал присягу Родине. Они готовы занять свое место в системе обеспечения общественной безопасности, реализации стратегии национальной безопасности. Наше сообщество подготовило для органов власти ряд предложений по изменению в законодательной сфере. Эта работа никогда не останавливается…

Борьба за объекты транспорта, защищаемые в соответствии с Федеральным законом «О транспортной безопасности»

В соответствии с законодательством о транспортной безопасности ЧОО не имеют права быть подразделениями транспортной безопасности ^[44] , что вызывает обеспокоенность у владельцев негосударственных структур, осуществляющих охрану объектов транспортной инфраструктуры и транспортных средств ^[45] .

Медиакомитет

Идея медиакомитета как такового Медиакомитета ^[46] была впервые озвучена в 2004 году. О собственном медиакомитете ^[47] представители ЧОО заговорили ^[48] в 2007 году.

• Вневедомственная охрана
• Ведомственная охрана