President of Ukraine Viktor Yanukovych applied the veto to the law of Ukraine "On Security Activities" adopted by the Verkhovna Rada of Ukraine on September 8, 2011. This was reported by the press service of the President of Ukraine.
The said law should determine the powers of state oversight bodies, in particular, regarding the suspension of the provision of security services and an exhaustive list of grounds for this, the way of exercising state control over security activities, sanctions for violation of the requirements of the law.
According to the press service of the President, the law actually adopted by the parliament does not meet the stated goal and requires appropriate additions.
The President has comments on security licensing proposals. According to the new law, it should be carried out in the manner determined by the law "On licensing certain types of economic activity" - but taking into account the specifics.
However, these features defined in the new law do not directly correspond to the law "On licensing certain types of economic activity." In practice, this can lead to different approaches to business entities when licensing security activities, in some of which the general requirements of the law “On licensing certain types of economic activity” will be applied, and in others, additional requirements stipulated by the law “On security activities”. According to the President, this will lead to a violation of the constitutional principle of state protection of competition in business.
In addition, the current article 4 of the Law "On Entrepreneurship" provides: activities related to the protection of certain particularly important state facilities defined by the Cabinet of Ministers may be carried out only by state enterprises and organizations. "The law, which was signed, does not establish such guarantees for the protection of these important facilities, which creates risks for the economic and information security of the state," the press service said.
Also under art. 12 of the Law of Ukraine "On Security Activities" security personnel during the performance of duties are given the right to conduct open and hidden video and photography, sound recording of events, as an aid to prevent illegal actions.
The President believes that the granting of such a right should be accompanied by detailed regulation of the grounds, conditions and limits for the use of appropriate technical means. In addition, the head of state emphasizes the importance of establishing effective guarantees of the impossibility of using this right for unlawful interference in the private communication of people, violation of the constitutional rights of citizens and the legitimate interests of legal entities.
Yanukovych proposed that the Verkhovna Rada supplement the law "On security activities" with provisions that will normalize the issues raised.
