LAW OF THE AZERBAIJAN REPUBLIC

of April 10, 2007 No. 266-IIIQ

About non-state (private) security activities

Article 1. Purpose of the Law

This Law governs the relations arising during implementation of non-state (private) security activities in the Azerbaijan Republic, determines its legal basis, the principles and tasks, and also relations of subjects of non-state (private) security activities with state bodies.

Article 2. Basic concepts

2.0. In this Law the following concepts are used:

2.0.1. non-state (private) security activities (further - private security activities) - rendering security services, the stipulated in Article 5 these Laws, from non-state (private) security company or security division of the legal entity for the purpose of protection of property of physical persons and legal entities against illegal encroachments;

2.0.2. non-state (private) security company (further - the private security company) - the legal entity who is rendering security services, the stipulated in Article 5 these Laws, based on the agreement signed with physical person or legal entity, the special permission (license) which underwent in the appropriate order state registration and got from relevant organ of the executive authority;

2.0.3. security division of the legal entity - the structural division of the legal entity created under it for the purpose of ensuring its protection, which is acting on the basis of the special permission (license) got from relevant organ of the executive authority;

2.0.4. the security guard - the citizen of the Azerbaijan Republic who had special training, working under the agreement (contract) at the private security company or in the security division of the legal entity according to the procedure established by this Law;

2.0.5. the protected object - the real estate (buildings, constructions, installations, the territories, etc.) protected by the private security company or security division of the legal entity from illegal encroachments, and the personal estate placed there (vehicles, the equipment, money, valuable things, etc.);

2.0.6. access control - set of the rules and measures excluding possibility of uncontrolled entrance (exit) of persons or vehicles on the protected object and also uncontrolled import of property to this object or uncontrolled export of property from this object;

2.0.7. the intra object mode - set of the rules and measures established within the protected object.

Article 3. Legislation on private security activities

The legislation on private security activities consists of the Constitution of the Azerbaijan Republic, this Law, other regulatory legal acts of the Azerbaijan Republic and international treaties in which the Azerbaijan Republic acts as the party.

Article 4. Principles of private security activities

4.1. Private security activities are performed based on the principles of legality, humanity, humanity and respect for the civil laws and freedoms.

4.2. Private security activities shall not limit activities of state bodies, including law-enforcement, violate the rights and freedoms of the third parties.

Article 5. Types of the security services rendered in connection with implementation of private security activities

5.1. The following types of security services can be rendered in connection with implementation of private security activities:

5.1.1. protection of the protected object;

5.1.2. providing the throughput and intra object modes on the protected objects;

5.1.3. rendering technical services in connection with designing, installation and operation of the equipment of the alarm system of safety on the protected objects;

5.1.4. preparation of recommendations to physical persons and legal entities in connection with questions of protection from illegal encroachments.

5.2. Rendering the security services which are not provided by this Law is forbidden to the private security companies and security divisions of legal entities.

Article 6. Features of private security activities

6.1. Security services, the stipulated in Article 5 these Laws, can be performed only by the private security company or security division of the legal entity created for this purpose and which got the corresponding special permission (license).

6.2. Private security activities are not performed concerning the protected persons specified in provisions of relevant organs of the executive authority, objects which list is constituted from relevant organ of the executive authority and which are protected from state bodies.

6.3. In the procedure established by the legislation in private security activities use of technical and other means, operational is allowed to radio and the telephone communication which is not causing damage of life and to health of physical persons, the environment.

Article 7. Private security company

7.1. The private security company is effective according to the legislation, based on the certificate on state registration of the legal entity, the charter and special permission (license) for implementation of private security activities.

7.2. The private security companies cannot be engaged in other types of business activity.

7.3. For rendering security services the private security company shall sign with physical person or legal entity the written agreement according to the procedure, established by the civil legislation and this Law.

7.4. In the agreement signed between the private security company and physical person or legal entity in connection with rendering security services the following shall be specified:

7.4.1. data on the parties, including number of the special permission (license) issued to the private security company and date of its issue;

7.4.2. types of security services which will be rendered from the private security company;

7.4.3. rights and obligations of the Parties;

7.4.4. the price of the rendered security services;

7.4.5. date of the conclusion of the agreement and term of its action;

7.4.6. responsibility of the parties for breach of agreement.

7.5. The agreement, materials connected with its execution and other documents shall be stored from the private security company during the term of the agreement, but at least 3 years.

7.6. Acceptance to the security guard's position in the private security company is performed with observance of requirements of article 9 of this Law.

Article 8. Security division of the legal entity

8.1. The legal entities located in the territory of the Azerbaijan Republic regardless of pattern of ownership, for the purpose of ensuring the protection can create security division based on special permission (license).

8.2. The legal entity creating security division shall prepare and approve the Provision of division with indication of the following:

8.2.1. arrangement of security division in structure of the legal entity;

8.2.2. types of security services which will be rendered from security division;

8.2.3. structure of security division and system of its management;

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