Article 10. The legal status of a private security organization and the requirements for an employee of a private security organization holding the position of a security guard of the Law on Security Activities

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Article 10. The legal status of a private security organization and the requirements for an employee of a private security organization holding the position of a security guard of the Law on Security Activities

The footnote. The title of Article 10 is as amended by the Law of the Republic of Kazakhstan dated 02.01.2021 No. 405-VI (effective ten calendar days after the date of its first official publication).

1. A private security organization is a commercial organization that provides security services as its business activity. A private security organization is not entitled to carry out other business activities, with the exception of installation, adjustment and maintenance of alarm systems, subject to compliance with the notification procedure.

2. A private security organization carries out security activities on the basis of a charter and a license for carrying out security activities by legal entities.

3. An employee of a private security company holding the position of a security guard does not need a license to carry out security activities.

4. Citizens of the Republic of Kazakhstan who are at least 19 years old and have completed special security guard training (special security guard training course) can be accepted for the position of a security guard.

5. Excluded by the Law of the Republic of Kazakhstan dated 04/23/2014 No. 200-V (effective ten calendar days after the date of its first official publication).

6. A person cannot hold the position of a security guard for a private security organization.:

1) with mental and behavioral disorders (diseases), including those related to the use of psychoactive substances, registered with organizations providing medical care in the field of mental health;

2) who has a criminal record for committing a crime;

3) released from criminal liability on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic of Kazakhstan before the expiration of the lower limit of punishment in the form of imprisonment provided for by the relevant part of the article of the Special Part of the Criminal Code of the Republic of Kazakhstan;

3-1) in respect of whom, within one year prior to being accepted as a security guard or while in that position, a court verdict of guilty was passed for committing a criminal offense, as well as within one year prior to being accepted as a security guard or while in that position, who was released from criminal liability for committing a criminal offense on the basis of paragraphs 3), 4), 9), 10) and 12) the first part of Article 35 or Article 36 of the Criminal Procedure Code of the Republic Kazakhstan;

4) brought to administrative responsibility earlier during the year prior to being hired as a security guard or during his tenure in this position for committing administrative offenses provided for in articles 149, 434, 436, 438, 439, 440, 443, 450, 453, 462, 463, 464, 469, 470, 476, 477, 478, 479, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 494, 495, 496, 504, 506, 653, 654, 658, 659, 665, 667, 669, 670, 673, 675 The Code of the Republic of Kazakhstan on Administrative Offences;

5) dismissed less than three years ago for negative reasons from government, military service, law enforcement agencies, courts and judicial authorities;

6) previously held a similar position, with whom the employment contract was terminated on the grounds provided for in paragraphs 9), 10), 11), 12), 15), 16) and 17) paragraph 1 of Article 52 of the Labor Code of the Republic of Kazakhstan, less than three years ago.

7. A mandatory requirement for the head of a private security organization is his compliance with the requirements for employees of a private security organization who hold the position of a security guard.

8. A private security organization is obliged to provide a security guard in the performance of his official duties with a standard document certifying his identity and belonging to a private security organization. The form and sample document of a security guard of a private security organization are determined by the authorized body.

The Law of the Republic of Kazakhstan dated October 19, 2000 No. 85.

This Law establishes the legal basis of security activities in the territory of the Republic of Kazakhstan, defines the status and powers of subjects engaged in security and security activities.

President

Republic of Kazakhstan

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