Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
10 April 2014 [shall come
into force on 16 April 2014];
23 November 2016 [shall come into force on 1 January
2017];
22 December 2016 [shall come into force on 19 January
2017];
21 May 2020 [shall come into force on 17 June
2020];
28 January 2021 (Constitutional Court Judgment) [shall
come into force on 2 February 2021];
6 May 2021 [shall come into force on 1 July 2022];
23 September 2021 [shall come into force on 1 January
2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima 1 has adopted and
the President has proclaimed the following law:
Security Guard Activities Law
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) security guarding activities - installation of
technical security systems, guarding of immovable property,
freight, goods or other movable property, cash or securities and
natural persons, ensuring internal order and security in objects
to be guarded, provision of security consultations, as well as
other measures or set of measures implemented by a security guard
employee, security guard merchant, or internal security service
to prevent unlawful or other threats to the guarded object;
2) security guard employee - a natural person who has
received a security guard certificate and performs security
guarding activities;
3) guarded object - a natural person, freight, goods
and other movable property and valuables or immovable property,
territory or another object, as well as the continuous activity
or separate measures that take place in objects;
4) security guarding services - security guarding
activities performed by a security guard merchant on the basis of
a written contract which has been entered into with the entity
contracting the security guarding service;
5) security guard certificate - a document certifying
the professional competence of a natural person in the field of
security guarding;
6) technical security system - security and fire safety
alarms, video surveillance or a set of mechanical or electronic
equipment that functions in a unified system for the purpose of
securing the guarded object against illegal or other kind of
threat;
7) security guard merchant - a merchant which has
received a special permit (licence) for the performance of
security guarding activities;
8) internal security service - a unit of an
institution, merchant or organisation which ensures the security
guarding, internal security, and safety thereof.
Section 2. Purpose and Scope of
Application of this Law
(1) The purpose of this Law is to establish a lawful basis for
performing security guarding activities to ensure the security of
persons and society.
(2) This Law shall apply to natural and legal persons who
perform security guarding activities.
(3) This Law shall not apply to:
1) the activities of the institutions of the system of the
Ministry of the Interior, State security institutions, the
National Armed Forces, the Prosecutorʼs Office, the State Revenue
Service, the Prison Administration, the Corruption Prevention and
Combating Bureau, the Security Department of Latvijas Banka,
municipal police, and port police that are performed in
accordance with the special laws;
2) the installation of technical security systems on
vehicles;
3) the installation of video surveillance systems, if it is
not provided for ensuring the security guarding activities.
(4) A security guard merchant and a security guard employee,
as well as an institution, merchant, and organisation which has
established an internal security service, upon performing
security guarding activities, shall co-operate with the police
and other State administration institutions and shall provide
them assistance in ensuring public order and security.
(5) Security guarding activities shall be controlled by the
State Police and other institutions according to their
competence.
[22 December 2016]
Section 3. Types of Security
Guarding Services
(1) The following types of security guarding services
exist:
1) installation of technical security systems;
2) physical security guarding;
3) technical security guarding;
4) collection security guarding.
(2) Installation of technical security systems includes
designing of technical security solutions, installation and
servicing of technical security systems, as well as consultations
on the relevant issues.
(3) Upon providing the physical security guarding service for
the guarded object, a security guard employee shall be located at
the guarded object or in its direct vicinity, or shall arrive at
the guarded object upon a call from the recipient of the security
guarding service, the security guard employee, or another person.
Physical security guarding shall include guarding the security of
immovable property, goods or other movable property, accompanying
freights or other tangible values (except for collection security
guarding), guarding the security of a natural person (bodyguard),
ensuring of internal order and safety at the guarded object, and
guarding the security of the persons present therein, as well as
provision of consultations on the relevant issues.
(4) A security guard merchant shall implement the technical
security guarding of the guarded object through the use of the
security guard control centre with a monitoring and alarm signal
detection panel (hereinafter - the security guard control centre)
which receives signals from the technical security system
installed in the guarded object to ensure continuous operation of
the security guard control centre and arrival of the security
guard employee or of the mobile group of security guard employees
at the guarded object immediately after receipt of information
from the security guard control centre (alarm signal). Upon
providing the technical security guarding service, the security
guard merchant may also provide the security guarding services
referred to in Paragraphs two and three of this Section.
(5) For the collection security guarding, a security guard
merchant shall use the security guard control centre which
continuously follows the location of the vehicle used in guarding
the security of collection through the use of a global navigation
system, and regularly maintains communication with the security
guard employees guarding the security of collection. Collection
security guarding shall also include provision of consultations
on the relevant issues.
Section 4. Restrictions on Security
Guarding Activities
(1) The following is prohibited in security guarding
activities:
1) to use such technical security equipment and substances
that are dangerous to human life or health;
2) to openly carry weapons and special means, if the security
guard employee is not in a uniform;
3) to use firearms to ensure order at the time of a meeting,
procession, picket, and other public event;
4) to deliberately guard a person who intends to perform or is
performing a criminal offence;
5) to perform security guarding activities (except for the
installation of technical security systems) without a security
guard certificate;
6) to assign the performance of security guarding activities
to a person with whom an employment contract has not been entered
into and who has not received a security guard certificate,
except when, in accordance with the procedures for organising
training placement specified in laws and regulations, a trainee
who is undergoing the training necessary for the receipt of the
security guard certificate in an accredited educational
institution has been accepted into training placement. The
trainee shall perform security guarding activities only under the
leadership of a security guard employee. A security guard
employee may concurrently lead (train) only one trainee;
7) to provide the security guarding service, if a written
contract on the provision of the security guarding service has
not been entered into with the entity contracting the security
guarding service;
8) to provide such types of security guarding services which
are not indicated in the special permit (licence) for the
performance of security guarding activities (hereinafter - the
special permit (licence));
9) to use a uniform and symbols which conform or are similar
to uniforms and symbols of another security guard merchant (also
such merchant whom the special permit (licence) has been
cancelled within the last year), State and local government
institutions, the National Armed Forces, or the national guard,
and create a misleading perception of the performer of security
guarding activities. The uniform must be different from the
everyday clothing with a clearly legible name of the security
guard merchant with whom the security guard employee is in
employment legal relationships;
10) to involve a merchant who has not received the special
permit (licence) for the provision of the relevant security
guarding services in the fulfilment of the contract on the
provision of security guarding services.
(2) The security guard merchant registered in a European Union
Member State or European Economic Area State shall provide
security guarding services in the Republic of Latvia without the
special permit (licence), if the provision of security guarding
services that has been commenced in the relevant European Union
Member State or European Economic Area State is related to
temporary entrance in the Republic of Latvia for continuing it,
but is not the continuous provision of security guarding services
in the Republic of Latvia.
[10 April 2014; 23 November 2016]
Section 5. Recording of Security
Guard Merchant, Internal Security Services, Security Guard
Employee, Special Permits (Licences), Permits for the
Cross-border Transportation of Cash, and Security Guard
Certificates
(1) The State Police shall register in the Register of
Licences and Certificates information regarding the special
permits (licences) issued for the performance of security
guarding activities, regarding permits for the cross-border
transportation of cash, regarding internal security service
registration certificates and security guard certificates, as
well as regarding security guard merchants, internal security
services and the participants thereof, employees and
administrative (representative) officials for whom restrictions
are provided in this Law. The manager of the Register of Licences
and Certificates shall be the Information Centre of the Ministry
of the Interior.
(2) The Cabinet shall determine the extent of information to
be registered in the Register of Licences and Certificates, the
procedures for the inclusion, use, storage, and deletion of
information, as well as the institutions to be granted access to
the information included in the Register.
Chapter II
Security Guard Merchant
Section 6. Special Permit
(Licence)
(1) A security guard merchant may commence security guarding
activities after acquiring the special permit (licence).
(2) The types of security guarding services which the security
guard merchant is allowed to provide shall be indicated in the
special permit (licence).
(3) The special permit (licence) shall be issued by the State
Police for five years and it shall be valid for performing
security guarding activities throughout the territory of the
State.
(4) The merchant shall receive a duplicate of the special
permit (licence), if the special permit (licence) has been
damaged, lost, or stolen, or a repeat special permit (licence) if
the data regarding the merchant indicated therein has
changed.
(5) The Cabinet shall determine the requirements for the
receipt of the special permit (licence) and the requirements to
be fulfilled during the period of validity of the special permit
(licence), the procedures by which the special permit (licence),
a duplicate or repeat special permit (licence) shall be issued to
a merchant, and the procedures by which the special permit
(licence) shall be cancelled, as well as determine the amount of
the State fee to be paid for the issuing of the special permit
(licence), a duplicate or repeat special permit (licence) and the
procedures for payment thereof.
(6) The decision to refuse to issue a special permit (licence)
may be contested and appealed in accordance with the procedures
laid down in the Administrative Procedure Law.
Section 7. Restrictions for Issuing
the Special Permit (Licence)
(1) Sole proprietorships and commercial companies are entitled
to receive the special permit (licence). The following person may
be a sole proprietorship or an official of administration
(representation) of a commercial company:
1) who has not been convicted of a criminal offence;
2) who has not been applied the status of an accused in
criminal proceedings;
3) who has not been diagnosed with mental disorders, addiction
to alcohol, narcotic, psychotropic, or toxic substances, or
behavioural problems (hereinafter - the medical
contraindications) giving the grounds for doubting his or her
ability to provide security guarding services.
(2) A sole proprietorship and at least one person who is
entitled to represent the commercial company, or an employee
specified by the commercial company who will directly organise
and manage the work of security guard employees (security
guarding organiser) shall receive a security guard certificate.
This condition shall not apply to a merchant which wishes to
receive the special permit (licence) only for the installation of
technical security systems.
(3) It is prohibited to issue the special permit (licence) to
a merchant:
1) which does not meet the conditions of Paragraphs one and
two of this Section;
2) for which the special permit (licence) or the registration
certificate of the internal security service has been cancelled,
if less than a year has elapsed since its cancellation;
3) the participant of which is a legal person for which the
special permit (licence) or the registration certificate of the
internal security service has been cancelled;
4) a member or an official of the administrative
(representation) of the commercial company of which is a natural
person who has been a member of such security guard merchant for
which the special permit (licence) or the registration
certificate of the internal security service has been cancelled
within the last year, or a natural person who was entitled to
represent such merchant or for whom the security guard
certificate has been cancelled within the last year;
5) regarding which the competent State institutions have
grounds to believe that the sole proprietorship, the
administrative (representative) official of the commercial
company, or the participant is operating in an anti-government or
criminal organisation, or is its members, causes threats to
national or public security.
(4) The Cabinet shall determine the medical contraindications
and the procedures for the evaluation of the existence of medical
contraindications.
[22 December 2016; 21 May 2020; 23 September 2021]
Section 8. Permit for the
Cross-border Transportation of Cash
(1) A security guard merchant or the internal security service
shall carry out professional cross-border transportation of euro
cash by road between the euro-area Member States in accordance
with Regulation (EU) No 1214/2011 of the European Parliament and
of the Council of 16 November 2011 on the professional
cross-border transport of euro cash by road between euro-area
Member States (hereinafter - Regulation No 1214/2011).
(2) The permit for the cross-border transportation of cash in
accordance with the requirements of Regulation No 1214/2011 shall
be issued, its operation shall be suspended, as well as the
permit shall be cancelled and control of fulfilment of the
relevant requirements shall be ensured by the State Police.
(3) The State Police is entitled to issue a duplicate of the
permit for the cross-border transportation of cash, if the permit
for the cross-border transportation of cash has been damaged,
lost, or stolen, as well as to issue a repeat permit for the
cross-border transportation of cash, if the data indicated
therein regarding the merchant who carries out the cross-border
transportation of euro cash by road has changed.
(4) The decision to refuse to issue the permit for the
cross-border transportation of cash and the decision to suspend
or cancel the operation of the permit may be contested and
appealed in accordance with the procedures laid down in the
Administrative Procedure Law. Contesting or appeal of the
decision to suspend or cancel the operation of the permit shall
not suspend its operation.
(5) The Cabinet shall determine the procedures for issuing the
permit for the cross-border transportation of cash, the
requirements to be met during operation of the permit, as well as
the procedures and amount in which the State fee for the issuance
of the permit for the cross-border transportation of cash, a
duplicate of the permit for the cross-border transportation of
cash, and a repeat permit for the cross-border transportation of
cash shall be paid.
Section 9. Cancellation of the
Special Permit (Licence)
(1) The special permit (licence) shall be cancelled if:
1) the activities of a security guard merchant are directed
against the lawful interests of the State or society;
2) the security guard merchant violates or does not fulfil the
requirements of this Law or other laws and regulations;
3) the security guard merchant has provided false information
to the State Police in order to receive the special permit
(licence), or has provided such thereto during operation of the
special permit (licence);
4) it is determined by another law or a court ruling;
5) it has been established that the restrictions for issuing
the special permit (licence) specified in Section 7 of this Law
are applicable to the security guard merchant.
(2) The decision to cancel the special permit (licence) may be
contested and appealed in accordance with the procedures laid
down in the Administrative Procedure Law. Contesting or appeal of
the decision to cancel the special permit (licence) shall not
suspend its operation.
Section 10. Rights and Obligations
of a Security Guard Merchant
(1) A security guard merchant which has received the special
permit (licence) for the provision of physical security guarding,
technical security guarding, or collection security guarding
services has the right to:
1) subject to permission of the State Police, acquire and
store firearms for ensuring security guarding activities, as well
as acquire and store gas weapons and signal weapons and special
means in accordance with the procedures laid down in the Law on
the Handling of Weapons;
2) use firearms, gas weapons and signal weapons and special
means for ensuring security guarding activities in accordance
with the procedures laid down in this Law;
3) use radio frequencies in accordance with the specified
procedures in order to ensure radio communications;
4) use service dogs in security guarding activities;
5) use technical security systems in performing security
guarding activities;
6) ensure guarding of the security of the immovable property
and movable property in its possession, internal order and safety
in the immovable property in its possession or holding, without
registering the internal security service.
(2) The security guard merchant has the obligation:
1) when entering into an employment contract with a security
guard employee, to issue an employment certificate thereto. The
name of the security guard merchant, the given name and surname
of the employee, the number of the employment permit (for
foreigners employed in Latvia), the date and number of the
employment contract, as well as the start date of employment
legal relationship, if it does not coincide with the date of
entering into the employment contract, shall be indicated in the
employment certificate. The stamp of the security guard merchant,
as well as a photograph of the employee shall be included in the
employment certificate;
2) when entering into a contract on the provision of security
guarding services, to ascertain whether the person has legal
grounds for entering into a contract on guarding the security of
the particular object;
3) to inform the party contracting the security guarding
service, if another security guard merchant is planned to be
involved in the fulfilment of contractual obligations. In such
case the security guarding service shall be provided after
amendments to the contract have been approved or a new contract
has been entered into;
4) when performing security guarding activities, to evaluate
the potential risks to the guarded object, to take the necessary
measures in order to prevent potential threats to the security of
the guarded object, as well as violations of the law aimed
towards the guarded object;
5) in accordance with the laws and regulations regarding
labour protection to ensure safety and health protection of
security guard employees at work.
(3) Technical security guarding services shall be provided
only by such security guard merchant which has established such
security guard control centre which conforms to the requirements
stipulated by the Cabinet for continuous receipt, processing of
signals from the technical security system installed at the
guarded object and for further notification of information (alarm
signal) to the mobile appointments (security guard employees) of
the security guard merchant and which is able to ensure their
arrival at the guarded object within the time period specified in
the security guarding service contract.
(4) Upon providing the collection security guarding services,
a security guard merchant shall ensure that the guarding of the
security of collection is concurrently performed by not less than
two security guard employees who are equipped with armoured vests
and firearms and are provided with means of communication, as
well as a vehicle that is equipped with a global navigation
system, means of communication, and an alarm signalling system.
The security of collection may be guarded by one security guard
employee, if a banknote container with an intelligent banknote
neutralisation system conforming to the requirements of laws and
regulations has been installed in the vehicle used for ensuring
collection security guarding and there is a relevant labelling
about it on the vehicle and the banknote container.
(5) Physical security guarding, technical security guarding,
and collection security guarding shall be performed only by such
security guard merchant the number of security guard employees of
which, and also the material and technical provision at the
disposal of such merchant are sufficient to fulfil the
obligations of the security guarding service contract, without
violating the requirements of laws and regulations. A security
guard merchant (main contractor) for the fulfilment of
obligations of the security guarding service contract is entitled
to attract other security guard merchants (sub-contractors),
however, the main contractor is not entitled to transfer the
fulfilment of its obligations to other contractors. The main
contractor is entitled to attract no more than one sub-contractor
in the fulfilment of the obligations of one contract for ensuring
the physical security guarding service. Upon transferring
fulfilment of obligations to sub-contractor, the main contractor
shall ensure that the sub-contractor does not employ an employee
of the main contractor for the fulfilment of the obligations of
security guarding service contract. When attracting a
sub-contractor, the main contractor shall ensure that the
sub-contractor performs security guarding activities in
accordance with the requirements of this Law. The main contractor
shall be responsible for the fulfilment of obligations of the
security guarding service contract in general.
(6) A security guard merchant shall ensure that designing of
technical security solutions, installation and servicing of
technical security systems, as well as provision of consultations
on the relevant issues shall be performed only by such employees
who have certified corresponding knowledge.
[23 November 2016; 21 May 2020 / The new wording of
Paragraph five shall come into force on 1 January 2021.
See Paragraph 14 of Transitional Provisions]
Chapter III
Internal Security Service
Section 11. Establishment and
Registration of the Internal Security Service
(1) Institutions, merchants, and organisations which organise
the security guarding of their objects themselves shall establish
the internal security service for the performance of security
guarding activities by hiring a person who has received the
security guard certificate. If more than five security guard
employees have been hired, the merchant or organisation shall
register the internal security service with the State Police and
receive a registration certificate of the internal security
service.
(2) When performing security guarding activities, the internal
security service shall be permitted to guard the immovable
property, movable property or other values and employees of the
institution, merchant, or organisation which has established it,
in ownership, possession, or holding thereof, as well as to
ensure internal order and safety at the guarded object.
(3) The internal security service shall not provide security
guarding services. If the internal security service, upon
performing security guarding activities at its guarded object,
thus also directly ensures security guarding of another
institution, merchant, or organisation located at the guarded
immovable property or its territory, the special permit (licence)
shall be required for such activities.
(4) It is prohibited to establish the internal security
service, if registration of the internal security service has
been cancelled for the institution, merchant, or organisation
during the last year.
(5) The decision to refuse to register the internal security
service may be contested and appealed in accordance with the
procedures laid down in the Administrative Procedure Law.
(6) The institution, merchant, and organisation shall receive
a duplicate of the registration certificate of the internal
security service, if the certificate has been damaged, lost, or
stolen, or a repeat certificate if the data indicated therein
regarding the institution, merchant, or organisation has
changed.
(7) The Cabinet shall determine the requirements for the
receipt of the registration certificate of the internal security
service and the requirements to be met during operation thereof,
the procedures by which the registration certificate of the
internal security service, its duplicate, or a repeat certificate
shall be issued to the institution, merchant, and organisation,
the registration certificate of the internal security service
shall be cancelled, as well as the procedures for and amount in
which the State fee for the issuance the registration
certificate, its duplicate, and repeat certificate shall be
paid.
Section 12. Cancellation of the
Registration of the Internal Security Service
(1) The registration of the internal security service of an
institution, merchant, or organisation shall be cancelled,
if:
1) the activity of the internal security service is aimed
against the lawful interests of the State or the society;
2) the internal security service violates or does not fulfil
the requirements of this Law or other laws and regulations;
3) the institution, merchant, or organisation has provided
false information to the State Police in order to register the
internal security service, or has provided such during its
operation;
4) it is determined by another law or a court ruling;
5) the internal security service does not conform to the
conditions provided for in Section 11 of this Law.
(2) The decision to cancel the registration of the internal
security service of an institution, merchant, or organisation may
be contested and appealed in accordance with the procedures laid
down in the Administrative Procedure Law. Contesting or appeal of
the decision shall not suspend its operation.
Section 13. Operation of the
Internal Security Service
(1) An institution, merchant, and organisation which have
registered the internal security service with the State Police
have the obligation:
1) when entering into an employment contract with a security
guard employee, to issue an employment certificate thereto. The
name of the institution, merchant, or organisation, the given
name and surname of the employee, or the number of the employment
permit (for foreigners employed in Latvia), the date and number
of the employment contract, as well as the start date of
employment legal relationship, if it does not coincide with the
date of entering into the employment contract, shall be indicated
in the employment certificate. The stamp of the institution,
merchant, or organisation, as well as a photograph of the
employee shall be included in the employment certificate;
2) in accordance with the laws and regulations regarding
labour protection to ensure safety and health protection of
security guard employees at work.
(2) An institution, merchant, and organisation which have
registered the internal security service with the State Police
have the right to, subject to the permission of the State Police,
acquire and store firearms for security guarding activities, and
also to acquire and store gas weapons, signal weapons and special
means in accordance with the procedures laid down in the Law on
the Handling of Weapons.
(3) When performing security guarding activities, the internal
security service has a duty to evaluate the potential risks to
the guarded object, to take the necessary measures in order to
prevent potential threats to the security of the guarded object,
as well as the violations of the law aimed towards the guarded
object.
(4) To ensure security guarding activities, the internal
security service has the right to:
1) use radio frequencies in accordance with specified
procedures in order to ensure radio communications;
2) use technical security systems in performing security
guarding activities;
3) use service dogs in security guarding activities;
4) use firearms, gas weapons,signal weapons, and special means
in accordance with the procedures laid down in this Law.
(5) The provision of collection security guarding shall be
subject to the same conditions as the security guard
merchant.
[21 May 2020]
Chapter IV
Security Guard Employee
Section 14. Security Guard
Certificate
(1) The security guard certificate shall be issued, in
accordance with the procedures laid down by the Cabinet, to a
natural person who has acquired a specific education or has
acquired a respective educational programme and passed the
qualification examination of a security guard employee, or to a
person who has a professional qualification acquired abroad
recognised in accordance with the law On Regulated Professions
and the Recognition of Professional Qualifications. The term of
validity of the security guard certificate shall be five
years.
(2) A security guard employee shall receive a duplicate of the
security guard certificate, if the certificate has been damaged,
lost, or stolen, or a repeat security guard certificate, if the
personal data indicated therein has changed.
(3) The Cabinet shall determine:
1) the education necessary for the receipt of the security
guard certificate;
2) the person who do not need to take the qualification
examination of a security guard employee for the receipt of the
security guard certificate;
3) the requirements regarding the qualification examination of
a security guard employee and the procedures by which the person
shall take it;
4) the procedures by which the security guard certificate, its
duplicate, and a repeat certificate shall be issued to a natural
person and the term of validity of the security guard certificate
shall be extended;
5) the sample security guard certificate;
6) the procedures for and amount in which the State fee for
taking the qualification examination of a security guard
employee, issuing the security guard certificate, its duplicate,
and a repeat certificate, and extending the term of validity of
the security guard certificate shall be paid;
(7) the medical contraindications and the procedures in for
the evaluation of the existence of medical contraindications.
[10 April 2014; 22 December 2016; 23 September
2021]
Section 15. Restrictions for the
Issuance of the Security Guard Certificate
It is prohibited to issue the security guard certificate to a
person:
1) who has been punished for committing an intentional
criminal offence or for a criminal offence committed under the
influence of alcoholic beverages, narcotic or other intoxicating
substances - prior to the extinguishment or setting aside of the
conviction;
2) who has been convicted of committing the criminal offence
provided for in Clause 1 of this Section by releasing from the
punishment or serving of the punishment - if less than a year has
passed since the ruling to release from the punishment or serving
of the punishment entered into effect;
3) who has been released from criminal liability for
committing the criminal offence provided for in Clause 1 one of
this Section - less than a year has passed since the decision
entered into effect;
4) who has been conditionally released from criminal liability
for committing the criminal offence provided for in Clause 1 of
this Section - prior to expiration of the probationary
period;
5) to whom the status of the accused has been applied in
criminal proceedings for committing the criminal offence provided
for in Clause 1 of this Section;
6) who has been administratively punished for violations
committed under the influence of alcoholic beverages, narcotic,
psychotropic, toxic or other intoxicating substances, for refusal
to submit to a medical test for alcohol concentration, as well as
a test for narcotic or other intoxicating substances, for petty
hooliganism, for intentional infliction of insignificant bodily
harm, or for malicious non-compliance with lawful orders or
requests of a police employee, a border guard, or guardsman, as
well as a soldier - less than a year has passed since the
administrative punishment was enforced;
7) whose security guard certificate has been cancelled during
the last year;
8) whom the medical contraindications have been diagnosed
giving the grounds for doubting its ability to perform security
guarding activities;
9) who has not attained 18 years of age;
10) who does not have the necessary level of proficiency in
the official language.
[28 January 2021; 23 September 2021]
Section 16. Cancellation of the
Security Guard Certificate
(1) The State Police shall cancel the security guard
certificate, if:
1) a security guard employee violates the rights of the
security guard employee specified in this Law or does not fulfil
the obligations;
2) a security guard employee does not comply with the
conditions for the use of physical force, firearms, gas weapons
and signal weapons and special means, and service dogs specified
in this Law;
3) the restrictions provided for in Section 15 of this Law
have been established.
(2) A person whose security guard certificate has been
cancelled shall, within five working days after receipt of the
decision to cancel the security guard certificate, hand over the
certificate to the State Police.
(3) The decision to refuse to issue the security guard
certificate or to extend the term of validity thereof, or to
extend the security guard certificate may be contested and
appealed in accordance with the procedures laid down in the
Administrative Procedure Law. Contesting of appeal of the
decision to cancel the security guard certificate shall not
suspend its operation.
[21 May 2020]
Section 17. Security Guard Employee
of Cross-border Transportation of Cash
(1) Cross-border transportation of euro cash by road may be
carried out by a security guard employee who meets the
requirements of Article 5 of Regulation No 1214/2011, if it has
been certified by the State Police by issuing a permit to the
security guard merchant for cross-border transportation of cash,
or has notified about it during operation of the permit, and the
security guard merchant has issued the employment certificate to
the security guard employee, additionally indicating therein that
the security guard employee is permitted to carry out
cross-border transportation of euro cash by road in accordance
with the requirements of Regulation No 1214/2011.
(2) The initial training of a security guard employee in
accordance with the requirements of Article 5(1)(c) of Regulation
No 1214/2011 shall be organised by a legal person which, in
accordance with the laws and regulations governing the procedures
for licensing professional educational programmes, has received a
licence which allows to implement a professional educational
programme for training a security guard employee of cross-border
transportation of cash.
(3) The initial training of security guard employees shall be
conducted in accordance with an educational programme which has
been co-ordinated with the State Police in writing.
(4) After initial training the security guard employee shall
take a qualification examination to be administered by a
commission established for this purpose.
(5) Additional training of the security guard employee in
accordance with the requirements of Article 5(1)(c) of Regulation
No 1214/2011 shall be ensured by a merchant which performs
cross-border transportation of euro cash by road.
[10 April 2014]
Section 18. Rights and Obligations
of a Security Guard Employee
(1) When performing security guarding activities, a security
guard employee is obliged to:
1) carry with them the security guard certificate and
employment certificate and present it upon a request to
representatives of controlling State institutions;
2) when restricting the rights of persons in the cases
specified in this Law, to state his or her surname and the name
of the security guard merchant upon the request of the person,
presenting the employment certificate, as well as to provide an
explanation, justifying each specific restriction;
3) provide information to the State Police, without delay,
regarding a prepared or committed criminal offence;
4) detain a person who is suspected of committing a criminal
offence or administrative violation in the guarded object, and
inform the State Police thereof without delay, to record
witnesses, to guard the location of the incident and to ensure
the inviolability thereof;
5) not disclose information to third persons regarding
technical security systems of the guarded object, organisation of
security guarding, and other information which has become
available, when fulfilling the duties of a security guard
employee.
(2) A security guard employee, when performing security
guarding activities, has the right to:
1) request a person to stop unlawful activities and to follow
the specified procedures in the guarded object, or depending on
the activities performed therein, request the relevant person to
leave the guarded object, as well as to expel the person from the
guarded object, if he or she disobeys the request and continues
to violate the procedures specified in the guarded object and if
such expulsion is provided for in the security guarding
regulations of the guarded object;
2) check passes or other personal identification documents in
the guarded object if it is necessary to comply with the security
guarding regulations the fulfilment of which has been entrusted
to the security guard employees;
3) request that a person voluntarily presents personal
belongings, a vehicle or freight thereof and documents
corroborating the conformity thereof, if such activities are
provided for in the security guarding regulations of the guarded
object. If a person has not attained 14 years of age, his or her
personal belongings shall only be checked in the presence of his
or her parents or lawful representatives and with their
permission. If parents or lawful representatives of the
abovementioned person are not present, the security guard
employee shall summon the State Police.
Chapter V
Application of Physical Force, Special Means, Gas Weapons, Signal
Weapons, and Firearms, and Use of Service Dogs in Security
Guarding Activities
[21 May 2020]
Section 19. Conditions for the
Application of Physical Force, Special Means, Gas Weapons, and
Signal Weapons, and Use of Service Dogs
(1) If a person violating the law with his or her unlawful
activities poses an actual threat to the life or health of the
security guard employee assigned to perform security guarding
activities or other persons, or to the guarded object, the
security guard employee may, after giving an oral warning of the
application of physical force, special means, gas weapon and
signal weapon, or the use of a service dog, apply physical force,
special means, gas weapon and signal weapon, or use a service dog
to terminate the unlawful activity and detain the person
violating the law. The arrested person shall be immediately
transferred to the State police.
(2) Physical force, special means, gas weapon and signal
weapon may be applied or a service dog may be used without an
oral warning if the violation of the law is related to violent
breaking into the guarded object or a sudden attack on the
security guard employee, another person or the guarded
object.
(3) If necessary, first aid shall be provided to the detained
person to whom physical force, special means, gas weapon and
signal weapon has been applied or against whom a service dog has
been used, and emergency medical services shall be called.
(4) Upon applying physical force, special means, gas weapon
and signal weapon or using a service dog, it is prohibited to
violate the boundaries necessary for defence and to cause harm to
a person which obviously does not conform to the nature of the
offence, disobedience, or resistance. It is prohibited to apply
physical force, special means, gas weapon and signal weapon or to
use a service dog, if other persons against whom it is not used
may suffer.
[21 May 2020]
Section 20. Keeping of Service
Dogs
(1) Upon makings rounds with a service dog, the service guard
employee shall keep it on a leash and bearing a muzzle, except in
the cases specified in Section 19 of this Law.
(2) In enclosed territories, where humans are not present,
dogs may be kept not tethered, if clearly legible warning notices
have been placed in visible places.
Section 21. Firearms and Special
Means to Be Applied in Security Guard Activities
(1) A security guard merchant and the internal security
service may use special means for the performance of security
guarding activities - gas cylinders intended for self-defence,
electric shock devices, truncheons, handcuffs and other means of
binding intended for self-defence, gas weapons and signal weapons
intended for self-defence (pistols and revolvers), and also
firearms which are permitted to be used for the performance of
security guarding activities in accordance with the Law on the
Handling of Weapons.
(2) A security guard merchant and the internal security
service may allow a security guard employee to use a personal
firearm if it is registered for self-defence, a permit to carry
it has been issued, and it may be used for security guarding
activities in accordance with Law on the Handling of Weapons.
(3) Security guard employees of transportation of cash of
other European Union Member States or European Economic Area
countries to which the requirements of Regulation No 1214/2011
apply and who enter the Republic of Latvia for the period of
guarding the security of collection or cross the territory of the
Republic of Latvia in a cash transport vehicle may be armed with
the types of weapons and ammunition referred to in the Law on the
Handling of Weapons, as well as special means, if they have a
permit issued by the competent State authority of the relevant
Member State which gives the right to apply such weapons in
security guard activity, or they have the right to apply such
special means in the relevant Member State in security guarding
activities without a permit. Security guard employees of
transportation of cash shall, while performing professional
transportation of euro cash by road, transport, carry, use, and
apply weapons and special means in the territory of the Republic
of Latvia in accordance with the requirements of Regulation No
1214/2011, this Law, and the Law on the Handling of Weapons.
[21 May 2020]
Section 22. Conditions for the
Application and Use of Firearms
(1) A security guard employee may apply a firearm as final
means in security guarding activities in order to:
1) protect himself or herself or another person against an
attack that actually endangers human life or health, or may cause
substantial material damage;
2) avert an illegal attempt to take a firearm away by
force;
3) detain a person violating the law who has been surprised in
the act of breaking in or otherwise illegally entering the
guarded object or performing another criminal offence, if the
person violating the law demonstrates non-compliance;
4) render harmless an animal which endangers human life,
health or property.
(2) A security guard employee may use a firearm to warn of the
application of a firearm or frighten away an animal that
endangers human life, health or property.
(3) It is prohibited to use and apply firearms, if other
persons against whom the weapon is not directed may suffer as a
result of the use or application thereof.
(4) Upon applying a firearm it is prohibited to breach the
boundaries required for self-defence and inflict harm on a person
that does not obviously correspond to the character of an
offence, non-compliance or resistance.
Section 23. Procedures for the
Application of Firearms
(1) A warning of the intention to use a firearm shall be made
by firing a warning shot. A firearm may be used without a warning
when:
1) the attack which endangers a person's life or health is
sudden;
2) such weapons or objects are used in the attack which
endanger human life or health, or mechanical means of transport
are used;
3) the person to be detained shows resistance by using weapons
or objects that endanger the life or health of another
person.
(2) If a firearm is used, the security guard employee shall
makes all efforts to reduce harm.
(3) Security guard employees shall notify the State police and
their direct manager of every instance of the use of a firearm.
If harm has been caused to human life, health or property, the
place of the event must be preserved as much as possible, but if
there are victims, they first aid must be immediately provided to
them and it must be ensured that the emergency medical services
are called for them.
Chapter VI
Liability and Insurance in Security Guarding Activities
Section 24. Obligation to Compensate
Losses
The security guard merchant shall be obliged to compensate to
third persons the losses caused to them as a result of the
actions of the merchant or omission thereof in accordance with
the procedures laid down in laws and regulations.
Section 25. Civil Liability
Insurance for a Security Guard Merchant
(1) A security guard merchant which has received the special
permit (licence) for the provision of physical security guarding,
technical security guarding, or collection security guarding
services has the obligation to insure his or her civil liability
for the harm inflicted upon the life or health of a third person
and losses caused to the property belonging to the third person
as a result of his or her actions or omission thereof, and also
to inform the issuer of the special permit (licence) of the
existence of the mandatory civil liability insurance.
(2) The damage caused to the property belonging to a third
person shall be assessed by taking into account the principle of
compensation in accordance with the Insurance Contract Law. The
amount of insurance compensation shall be determined by agreement
of the parties.
(3) If, upon the occurrence of an insurance event, losses have
been caused to several persons and the amount thereof exceeds the
limit of liability specified in the insurance contract (policy),
the insurance compensation shall be calculated for each claimant
in proportion to the losses caused to him or her for in such
amount so that the total payable compensation would not exceed
the limit of liability for one insurance event specified in the
insurance contract (policy).
(4) The procedures for civil liability insurance and the limit
of the amount of civil liability insurance shall be determined by
the Cabinet.
[21 May 2020]
Chapter VII
Administrative Offences in the Field of Security Guarding
Activities and Competence in Administrative Offence
Proceedings
[21 May 2020 / Chapter
shall come into force on 1 July 2020. See Paragraph 13 of
Transitional Provisions]
Section 26. Violation of the
Regulations Regarding the Security Guarding Activities
(1) For the failure to comply with the requirements for
security guarding activities laid down in laws and regulations, a
fine from five to twenty units of fine shall be imposed on a
natural person, but a fine from forty to two hundred units of
fine - on a legal person.
(2) For the violation of the restrictions on security guarding
activities laid down in laws and regulations, a fine from ten to
twenty units of fine shall be imposed on a natural person, but a
fine from fifty to three hundred units of fine - on a legal
person.
[21 May 2020 / Section shall come into force on 1
July 2020. See Paragraph 13 of Transitional
Provisions]
Section 27. Security Guarding
Activities without Registration or Special Permit (Licence)
(1) For the performance of security guarding activities
without the registration of the internal security service, a fine
from fifty to three hundred units of fine shall be imposed on a
natural person or a member of the board by or without depriving
the member of the board of the right to hold specific offices in
commercial companies for a period of up to five years.
(2) For the performance of the security guarding activities
without the special permit (licence), a fine from sixty to four
hundred units of fine shall be imposed on a natural person or a
member of the board by or without depriving the member of the
board of the right to hold specific offices in commercial
companies for a period of up to five years.
[21 May 2020 / Section shall come into force on 1
July 2020. See Paragraph 13 of Transitional
Provisions]
Section 28. Competence in
Administrative Offence Proceedings
The administrative offence proceedings for the violation
referred to in Sections 26 and 27 of this Law shall be conducted
by the State Police.
[21 May 2020 / Section shall come into force on 1
July 2020. See Paragraph 13 of Transitional
Provisions]
Transitional Provisions
1. With the coming into force of this Law, the Security Guard
Activities Law of 11 May 2006 (Latvijas Republikas Saeimas un
Ministru Kabineta Ziņotājs, 2006, No. 12; 2008, No. 12;
Latvijas Vēstnesis, 2010, No. 183) is repealed.
2. Until the date of coming into force of the relevant Cabinet
regulations, but not longer than until 1 January 2015, the
following Cabinet regulations shall be applicable, insofar as
they are not in contradiction with this Law:
1) Cabinet Regulation No. 930 of 11 November 2008, Regulations
Regarding the Licensing of Security Guarding Activities;
2) Cabinet Regulation No. 66 of 27 January 2009, Regulations
Regarding the Mandatory Civil Liability Insurance in Security
Guarding Activities;
3) Cabinet Regulation No. 594 of 2 August 2011, Regulations
Regarding the Procedures for the Payment of the State Fee for the
Issuance, Extension and Cancellation of Security Guard
Certificates and the Amount Thereof;
4) Cabinet Regulation No. 1110 of 15 October 2013, Procedures
for the Registration of the Internal Security Service.
3. Merchants o which Category 1 special permits (licences)
have been issued are entitled to provide the services for the
installation of technical security systems until 1 January
2017.
[10 April 2014]
4. Merchants to which Category 2 special permits (licences)
have been issued are entitled to provide all security guarding
services provided for in Section 3, Paragraph one of this Law
(except for the professional cross-border transportation of euro
cash by road between the euro-area Member States, if a permit for
the cross-border transportation of cash has not been received)
until 1 January 2017.
[10 April 2014]
5. Merchants to which Category 1 and Category 2 special
permits (licences) have been issued shall receive new licences in
accordance with the requirements of this Law until 1 January
2017, or hand over the previously issued licences to the State
Police and terminate the provision of security guarding
services.
[10 April 2014]
6. The security guard certificates issued until the day of
coming into force of this Law shall be valid until the end of
their term of validity.
7. Until 1 July 2017 a security guard certificate shall be
issued also to such natural person who has acquired the
professional development programme necessary for the acquisition
of the security guard certificate, as well as the training course
in the provision of first aid and has passed the qualification
examination in security guarding activities.
[10 April 2014]
8. The conditions of this Law in relation to the obligation to
use such security guard control centre in the performance of
technical security guarding which conforms to the requirements
laid down by the Cabinet shall be mandatory for a merchant from 1
January 2017.
[10 April 2014]
9. Merchants which have received special permits (licences)
for the performance of technical security guarding shall, until
31 December 2016, establish such security guard control centre
which conforms to the requirements laid down by the Cabinet or
hand over the issued special permits (licences) to the State
Police and terminate the provision of security guarding
services.
[10 April 2014]
10. Until the day when the Cabinet regulations determining the
amount of the State fee for the receipt of the special permit
(licence) come into force, such State fee shall be paid for the
special permit (licence) for the installation of technical
security systems as has been specified for the receipt of
Category 1 special permit (licence).
[10 April 2014]
11. Until the day when the Cabinet regulations determining the
amounts of the State fee for the receipt of the special permit
(licence) come into force, such State fee shall be paid for the
special permit (licence) for physical security guarding,
technical security guarding, and collection security guarding as
has been specified for the receipt of Category 2 special permit
(licence).
[10 April 2014]
12. The Cabinet shall issue the regulations referred to in
Section 14, Paragraph three of this Law by 1 July 2017. Until the
date of coming into force of the respective Cabinet regulations,
but not longer than until 1 July 2017, Cabinet Regulation No. 742
of 2 December 2014, Regulations Regarding the Issuance of
Security Guard Certificates, shall be in force, insofar as it is
not in contradiction with this Law.
[22 December 2016]
13. Chapter VII of this Law shall come into force concurrently
with the Law on Administrative Liability.
[21 May 2020]
13.1 Amendment to Section 2, Paragraph three,
Clause 1 of this Law regarding the deletion of the words
"Security Department" shall come into force concurrently with the
law On the Bank of Latvia.
[23 September 2021 / The abovementioned amendment
shall be included in the wording of the Law as of 1 January
2023]
14. Amendment in relation to the new wording of Section 10,
Paragraph five of this Law shall come into force on 1 January
2021.
[21 May 2020]
Informative Reference to
Directives of the European Union
Legal norms have been harmonised with the European Commission
and the European Union Member States in accordance with Directive
98/34/EC of the European Parliament and of the Council of 22 June
1998 laying down a procedure for the provision of information in
the field of technical standards and regulations and Directive
98/48/EC of the European Parliament and of the Council of 20 July
1998 amending Directive 98/34/EC laying down a procedure for the
provision of information in the field of technical standards and
regulations.
The Saeima adopted this Law on 13 February 2014.
President A. Bērziņš
Riga, 6 March 2014
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)