Each of us encounters security guards almost every day: in offices, grocery stores, shopping centers, banks, theaters, etc. As a rule, the security of such facilities is carried out by employees of private security companies (PSCs). Their rights and obligations are enshrined in the relevant law “On private detective and security activities in the Russian Federation.” But it applies only to employees of licensed private security companies who wear a special uniform and have certificates. If a person wears a security guard badge, but the store hired him “off the street,” he does not have any special powers that distinguish him from ordinary citizens.
Questions and answers Can a security guard detain a buyer?
What rights do security guards have?
The powers of private security guards are limited to the duties of protecting facilities and property, ensuring intra-facility and access control, and protecting the life and health of citizens.
According to Art. 12.1 of the Law “On Private Detective and Security Activities in the Russian Federation”, in accordance with the contract for the provision of security services, employees of private security companies, when ensuring intra-facility and access control, have the right:
- require staff and visitors to comply with internal and access control regulations;
- allow persons to enter facilities with access control upon presentation of documents giving them the right to enter or exit, enter or exit vehicles, bring in (import) or take out (export) property;
- inspect entering or leaving vehicles at access-controlled facilities;
- use physical force, special means and firearms in special cases established by the legislation of the Russian Federation;
- provide assistance to law enforcement agencies.
CHOP with them! Why does Russia need so many security guards Read more
Fire inspection checklist: how to prevent violations
You must have an order from the head of the company and fire safety instructions. Write down in the instructions:
- requirements for the maintenance of premises, territory, evacuation routes;
- rules for operating equipment and ensuring safety during work involving the risk of fire;
- rules for storage and transportation of explosive and flammable substances;
- location of smoking areas;
- limit readings of measuring instruments, exceeding which can lead to fire;
- actions of personnel in case of fire;
- the process of evacuation of employees and material assets.
In addition to preparing the order and instructions, it is important to take care of the following:
- Each new employee must undergo fire safety training. Until this moment he should not be allowed to work.
- If there are more than ten employees working on a floor, evacuation plans must be drawn up and posted in a visible place. A warning system should also be developed in case of fire.
- If a company has more than fifty employees, it is necessary to organize a training evacuation at least once every six months.
- Each room must have signs with the fire department number.
- Doors located on evacuation routes must open freely in the direction of people's movement. Do not block exits with furniture or otherwise limit their accessibility!
- It is imperative to purchase fire extinguishers and ensure their timely maintenance.
- Roads and passages leading to fire escapes and water sources must be clear and maintained in such a condition that equipment can pass along them.
Can a store security guard require you to put things in a storage room?
Store security guards do not have the right to require visitors to leave personal belongings in a storage room or to pack them in a bag. They also cannot block the entrance to the store if a person refuses to comply with such requirements.
In the event of a violation, the security guard should be reminded that forcing customers to enter into an agreement to store personal items in a store storage room is illegal. If he continues to block access to the store with personal belongings, you should ask him to invite the administrator of the institution and find out on what basis the employee is acting. If you are told that the security guard acts in accordance with the store’s internal instructions, this is not an argument, since local regulations cannot contradict the law.
For the same reasons, a security guard cannot require store visitors to take a basket and prohibit them from putting goods in their bag or bag before paying for them.
Do they have the right to search bags at work?
Please help me figure it out and what to do. I work as a salesperson in a chain store. The team is terrible - there are favorites, relatives, but you don’t have to choose - you have to work somewhere. On my last working day, I was sorting out goods on the shelves and along the way I discovered a new arrival - ointments for sore joints. This is a sore point for my mom. I put 4 pieces in the staff room so that I could use it at the checkout at the end of the working day. When my work day was over and I went to get ready, I took my wallet out of my small handbag and put it in a bag so that I wouldn’t have to look for it in my purse at the checkout and quickly take it out and pay for the purchase. And I put these ointments in this small bag. And I wanted to go to the checkout. At that moment my mother called (this can be determined from the printout) and said that they had come for me and were waiting on the street. I talked to her and automatically closed my purse. After that, I changed my clothes, went to the toilet, put on my outerwear and went to the checkout. There was a second salesman and merchandiser there. As usual, before leaving work, I began to show the contents of my bags. She showed me what I had in the package. And before I had time to say anything about the handbag, the merchandiser got ahead of me and told me to open my handbag. At that very moment I opened it and there, right on top, not hidden anywhere, were these ointments. I apologized (although I understand how terrible it looks) and said that I had completely forgotten about them and would pay for them right away. To which the merchandiser’s answer was categorical - you wanted to steal them. After that, she ran to call the director, and I stayed at the checkout, laying out all the contents. Then I explained everything to the director over the phone. The merchandise manager again retreated to the back room to talk with the director on the phone. I got tired of waiting, asked the seller to order the goods for me, paid for everything and went home. After that, 2 of my days off passed. I'm on sick leave from today. And today they wrote to me that tomorrow I must write an explanatory note or an act of refusal will be drawn up. And I have a question. Should I write this explanatory note and what will happen to me if I don’t write it? And if I write, won’t this be an admission of my guilt? Although I already understand my guilt - I should have broken through everything at once. but there is a lot of work - everyone is running. Let's run. And further. A police officer has the responsibility to inspect the contents of the bag. And the merchandiser has the right to check when I have already left the store - and then he can ask to see the purchase and a receipt for payment. And I was in the cash register area the whole time and didn’t even go beyond the anti-theft gate. Now they will apparently accuse me of theft and fire me. Although I say again, I am not a thief and at the checkout I am always the only one of the entire staff who shows all my bags. There are big losses in the store - people steal. The director and merchandising relatives are daughters-in-law. Plus, this merchandiser’s father was imprisoned for extortion, part two. There are very often shortages at the checkout, and nothing is explained. Tell me what to do. Help me please. I really hope for an answer. Thank you in advance. Julia.
Does an employee have the right to inspect personal belongings?
Art. 12 of the Law “On Private Detective and Security Activities in the Russian Federation” states that an employee can detain a citizen if he has committed an unlawful attack on protected property. In this case, the detainee must be immediately handed over to the police.
If a security guard suspects a customer of theft, for example, an alarm went off or he personally saw the person put an item in a pocket or bag, the employee may ask the customer to show personal items. However, the latter has every right to refuse.
If the buyer agrees, the private security company employee can only conduct a visual inspection of the items in the presence of the owner. He has no right to touch them, take out the contents of the bag, or empty his pockets, since this is an inspection. According to the law, only police officers have the right to search things in the presence of at least two witnesses and with the drawing up of a protocol.
If it turns out that a visitor has stolen something, or he refuses to show the security guard his bag, a private security company employee can call the police and detain the person until they arrive.
Question answer
What does a security guard have the right to do? Infographics
What actions can security take if a theft is suspected?
Security guards can monitor visitors, including using a video surveillance system, and in some cases suspect theft. Reasons may include:
- The seller, security guard or other store visitor observed the buyer's actions, which were regarded as hiding goods;
- there is noticeable bulging of clothing, which suggests the presence of hidden goods;
- the anti-theft system was triggered on the visitor or his bag;
- there is information that this client has already been detained for theft;
- strange appearance and suspicious behavior of the buyer, which may indicate his possible “dishonesty”.
Emelyanenko Natalya Leonidovna
Worked as a legal assistant in a law firm for 6 years
Ask a Question
Even with irrefutable evidence of theft, the security guard does not have the right to search the buyer! The only thing he can do in this situation is to invite the buyer to open the bag and empty his pockets, and if he refuses, call the police, who will carry out all the necessary procedural steps.
The law requires that the physical force and moral pressure used by the security guard correspond to the gravity of the illegal act. The goal of the private security company employee is to keep the person in the premises until the police arrive and in no case cause harm to health .
Otherwise, the buyer must call the police so that, on the basis of Art. 203 of the Criminal Code of the Russian Federation on abuse of official powers by private security company employees, bring the security guard himself to justice.
Can a security guard forcibly detain a thief?
The law allows security guards to use physical force, as well as special means (a baton, handcuffs) and weapons for the purpose of self-defense, to protect visitors to the institution and to prevent crime. Meanwhile, the actions of a private security company employee must be proportionate to the damage from which he tried to protect the protected object. If he uses physical aggression in the case of a small theft in a grocery store and the case goes to court, the court may regard the security guard's actions as abuse of authority. And for this you may face a real prison sentence.
Can a security guard require a passport at the entrance to an office building?
At some checkpoints, for example, in office buildings, security guards may ask visitors to provide a passport, and also copy the document data into the visitor log. As a rule, this applies to people who do not work in these institutions and, accordingly, do not have a pass card.
The security guard’s actions are legal if they are mentioned in his job description and management has included him in the list of employees who have the right to process guests’ personal data. Meanwhile, visitors may refuse to provide the employee with their personal data, but in this case he also has the right not to allow the person into the building.
Question answer
Can a store security guard search children?
Buyer's rights in this situation
An inspection of bags and backpacks by security guards or a search violates a person’s constitutional rights to personal integrity (Article 22 of the Constitution of the Russian Federation) and the right to dispose of one’s own property individually and at his own discretion (Part 2 of Article 35 of the Constitution of the Russian Federation).
No one other than law enforcement agencies has the right to inspect or search a visitor at the exit of a store, even if the security guards have reasonable suspicions that the citizen has committed illegal acts.
Where can I complain about the illegal actions of a security guard?
If a security guard violated any right of a visitor, the visitor can complain directly to his employer - the management of the security company - the police, the prosecutor's office, or file a lawsuit. In court, compensation for moral damage can be recovered from an employee of a private security company who has exceeded his authority.
It is necessary to collect evidence of violation of rights. This could be the testimony of witnesses, a certificate from a medical institution about the infliction of bodily harm, a video recording, etc. At the time of the violation, the visitor can film what is happening on camera. The Civil Code allows you to film a person (in this case, a security guard) in public places without his consent, if he is not the main subject of filming. This is also permitted if the video is being filmed for use as evidence in court.
