Wakhter question: Rosgvardiya proposed to toughen the punishment for illegal security activities

Rosgvardia launched a legislative initiative providing for tougher liability for the illegal implementation of security activities. The formal reason for the amendments was the increase in incidents "with the use of violence against visitors to shopping and entertainment venues and other places of mass stay of people."

“In the event of incidents involving violence against visitors of shopping and entertainment venues and other places of mass stay of people, the media link these incidents with the activities of private security guards. However, during the verification activities, it is established that the participants in the majority of cases are not employees of private security organizations, but so-called “SAVOKers” (short for “guard, administrators, watchmen, operators, controllers” - persons not related to private security - RT ), - the explanatory note to the document posted on the federal portal of draft regulatory legal acts says.

The bill proposes to tighten the sanctions of Article 20.16 of the Administrative Code of the Russian Federation "Illegal private detective or security activity."

"The implementation of illegal private security activities on objects of various forms of ownership leads to a weakening of their anti-terrorism protection of objects, the impossibility of repelling attacks on these objects, as well as material losses from both state organizations and individuals and legal entities," in the document.

Rosgvardia notes that the implementation of illegal private security activity leads to a shadow turnover of money received in the framework of the provision of "pseudo-protection" services.

Rosgvardiya proposes to strengthen the sanctions provided for in this article. With regard to citizens, it is proposed to increase the fine to 5 thousand rubles, for officials it will be up to 10 thousand. Legal entities face fines of up to 100 thousand rubles or administrative suspension of activities for up to 90 days.

In addition, the proposed bill provides for penalties for repeated violations, up to and including disqualification for up to three years, which was not previously in the law.

“The changes envisaged by the draft law will make it possible to exert a preventive effect on the state of affairs in the matter of countering illegal private security activities, as well as help minimize potential human casualties and damage caused by the implementation of this illegal activity,” the accompanying commentary says.

According to the statistical data provided in the explanatory note, over 2017, individuals committed more than 2 thousand administrative offenses, provided for by part 1. Art. 20.16 of the Administrative Code. This is 20% more than in 2016. Moreover, more than 100 people who have committed this administrative offense are foreign citizens.

Beat up for cheese

It is not uncommon for shop guards to illegally use physical force on customers in cases of theft.

For example, last year in Sarov of the Nizhny Novgorod Region a guard of one of the supermarket chains beat a schoolboy for the alleged theft of curd cheese. Now the incident is under investigation. At the same time, according to local media, there was no theft. Earlier in Surgut, the guards suspected a teenager of stealing soda and locked him in the refrigerator.

According to media reports, on January 13 in Sochi, a security guard beat a visitor for the alleged theft of a bottle of vodka. Now on this fact being tested.

Sometimes such stories end in tragedy.

In 2017, in Yekaterinburg, the court sentenced a ten-year prisoner to a guard of a large retail chain, who scored a store visitor to death, suspecting him of a theft.

As local media wrote, the man was accused of committing crimes stipulated by part 1 of article 111 of the criminal code of the Russian Federation (“Intentional infliction of grievous bodily harm dangerous to human life”), part 1 of article 112 of the criminal code of the Russian Federation (“Intentional infliction of moderate severity of harm to health”) Part 1 of Article 162 of the Criminal Code of the Russian Federation (“Robbery committed with violence”) and Part 1 of Article 163 of the Criminal Code of the Russian Federation (“Extortion”).

According to the investigation, the supermarket security guard detained customers on suspicion of theft of goods, took them to the back room and beat them, demanding amounts that exceeded the value of the allegedly stolen goods. One of the victims later died.

"Tighten control"

As the head of criminal practice at BMS Law Firm, Alexander Inoyadov, told RT, if the initiative of the Rosguard was adopted, violators would face a more severe punishment than is provided for in the current legislation.

“The project initiative of the Rosgvardia proposes a tougher penalty in the form of an administrative fine under the current legal provision of art. 20.16 of the Administrative Code. In the event of a change in the legal norm, the range of subjects of such violations expands: it will cover not only the guards and leaders of the organizations concerned, but also the organizations themselves. In addition, a more severe punishment is provided for repeated violations, including the possibility of administrative suspension of the activities of the respective organization, and for officials - disqualification. Currently, such a possibility is not provided for by law, ”the lawyer states.

According to Inoyadov, the implementation of the bill will allow the Rosguards to tighten control in the sphere of private security activities and reduce the number of violations.