Legal status of business entities in the field of providing individual of property protection services: problems and challenges

Abstract

The article defines the legal status of economic entities for the protection of a person and property. The state has formed a sufficiently substantial regulatory and legal framework based on which this type of economic and business activity is accomplished. However, it interprets ambiguously some concepts and that is related to the contradiction and inconsistency of homogeneous norms of by-laws and legal acts. In practice, it causes certain, sometimes quite considerable, inconveniences for both the economic entities for the concession of security services and for the work of public bodies, which are called to control previously mentioned entities. The provision with physical protection of the enterprises through the realization of protective activities in the security system is an urgent problem for domestic entrepreneurs. The legislation of Ukraine of this field is based on the Constitution of Ukraine and the law of Ukraine “On protective activities”, various international conventions and treaties. Some aspects of the organization of the activity and the procedure for the provision of services for the protection of a person or property require more significant legal regulation. The organization of the activity and the procedure for the provision of services for the protection of a person or property should have a comprehensive and integral approach to the solution of problems of this field on a unified and conceptual basis of national policy, taking into account the adaptation of special laws that have to regulate certain types of protection. It is important to create a reliable and flexible regulatory and legal provision of protective activities, a proper mechanism of the control of law enforcement by private organizations, the
distribution of powers with home affairs authorities that carry out administrative activities in this field, to “force” them to cooperate to prevent offenses. Further development of the market of security services towards the private sector should not turn the state into a detached onlooker of these functions. The duty of the state and its bodies is to ensure the observance of rights and freedoms of a person and a citizen.