Article 17-1. Restrictions related to the implementation of security activities of the Law on Security Activities

Home / RLA / Article 17-1. Restrictions related to the implementation of security activities of the Law on Security Activities

1. Legal entities and citizens of the Republic of Kazakhstan may not simultaneously be founders, participants and (or) owners of more than one organization engaged in security activities.

2. The number of employees of a private security organization may not exceed the number required to perform their tasks. The number standard is established by the authorized body.

Exceeding the number limit will result in suspension of the license. The authorized body (licensor), if the number of employees of a private security organization does not comply with the requirements of the number standard, shall apply to the court for revocation of the licensee's license within forty calendar days from the date of suspension of the license.

3. A private security organization may not be a subsidiary of an organization engaged in activities other than security. For the founder (participant) of a private security organization, this type of activity should be the main one.

The founders (participants) of a private security organization may not be:

1) founders or officials of organizations in respect of which security services will be provided by the created organization;

2) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (effective from 01.01.2015);

3) citizens with a criminal record for committing a crime, as well as legal entities whose founders (participants) include these persons.;

4) legal entities in respect of which security services will be provided by the created organization, and legal entities affiliated with them;

5) public associations.

The prohibitions established by part one and subitems 1) and 4) of part two of this paragraph do not apply to cases of establishment of private security organizations by national companies for which the right to establish security organizations is granted in accordance with the procedure determined by the authorized body.

Security organizations established by national companies are not allowed to provide security services to third parties.

4. The heads of private security organizations and their employees holding the position of a security guard are prohibited from:

1) to carry out procedural and other activities attributed in accordance with the legislation of the Republic of Kazakhstan to the exclusive competence of law enforcement and other state bodies;

2) assign powers to law enforcement officers;

3) obstruct the legitimate activities of law enforcement officers;

4) commit acts that degrade honor and dignity or unlawfully restrict human and civil rights and freedoms.

5. In addition to the general grounds provided for by the Code of the Republic of Kazakhstan on Administrative Offences, the license for security activities is suspended in the following cases::

1) non-compliance of the sole founder with the requirements established by this Law;

2) the impossibility of establishing the location of the sole founder and (or) legal entity;

3) the wanted list of the sole founder.

If the reasons that served as the basis for the suspension of the license are eliminated, its validity is resumed within the time limits established by the Law of the Republic of Kazakhstan "On Permits and Notifications".

The deprivation (revocation) of a license to carry out security activities is carried out in court.

In addition to the general grounds provided for by the Law of the Republic of Kazakhstan "On Permits and Notifications", the termination of a license to carry out security activities without prior suspension is carried out in the following cases::

1) recognition of the sole founder by a court decision that has entered into legal force as legally incompetent or with limited legal capacity, deceased or missing;

2) termination of the citizenship of the Republic of Kazakhstan from the sole founder;

3) the entry into force of a court decision on the application of compulsory medical measures to the sole founder;

4) the entry into force of the court's conviction against the sole founder.

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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