mercoledì 15 gennaio 2014

En:Selection and recruitment of private security personnel


  The regulation of the selection and recruitment of private security personnel is vital to the professionalism and moral integrity of the sector. It is, in fact, considered to be in the best interest of PSCs to self-regulate according to the minimum standards for the recruitment of personnel, in particular to avoid potential cases of liability. However, the very fact that it is difficult to establish at what age or after achieving what level of education the optimum performance of security personnel can be ensured, is a reason for the need to achieve a standardization of the minimum requirements for recruitment at the national or international level. In particular, the very nature of private security work carries the danger of the unnecessary use of force by employees who may not have received adequate background screening. The legislation on the selection and recruitment of private security personnel varies greatly across the Council of Europe member States as is described in the following section. It is important to
establish that this paper does not attempt to examine the requirements for the owners of PSCs, but rather for the employees of the PSCs as they are those that have most interaction with the public.
Most countries in the EU have established a minimum criterion for the selection of private security personnel, which is the requirement that that there is no record of any criminal offences having been committed to date. This appears to be a fairly standardized aspect of regulation in the EU states, although there are a few exceptions to the norm, such as Germany and the Czech Republic, where no such minimum requirement is imposed. However, amongst the majority of the EU countries where the criminal background check is imposed, there are still great variations between the level of regulation in the countries, with some states imposing varied criteria such as minimum age (18 or 21), good character traits, citizenship, work experience and no participation in incompatible activities (i.e., holding a position as a public servant).
 A related issue concerns which institution is entitled to carry out the background checks (e.g., the company itself as in the Netherlands) and the criminal background checks (e.g., the Criminal Records Bureau in the UK) as well as the frequency with which these background checks are carried out (e.g., this is done on an annual basis in Sweden).
The Balkan countries of the CoE also appear to have a rather standardised approach to a minimum requirement of a background check on the criminal background for PSC employees. Indeed, this is the case in Albania, Bosnia and Herzegovina, Moldova and Romania. However, in Albania for instance, background checks on employees are insufficient and unlicensed PSC employees are widely active. The only country which has no legal requirements for background checks is Bulgaria. Montenegro is a different case altogether as it is unclear from the SEESAC report whether the draft Law on Protection of Property and Individuals contains a reference to the requirements for the recruitment of private security personnel. It is interesting to note, however, that the requirements for employment in the private security sector in these Balkan countries appear to be fairly demanding, for instance requiring the ability to write in Latin script (Croatia), providing proof that the prospective employee does use narcotics (Moldova), and be medically fit (Bosnia and Herzegovina). Furthermore, in the Former Yugoslav Republic of Macedonia, PSC employees must be national citizens, and the law prohibits international/foreign PSCs from being active in the country. Interestingly, in the former Yugoslav Republic of Macedonia a ceiling exists on the number of PSC employees who can be licensed, the maximum number being 6000. 
In Russia, private security employees need to possess Russian nationality, be of the minimum age of 18 years for guards and 21 years for detectives, have no
mental deficiencies (as stated by a court), not suffer from an illness as specified by government regulation, and not have been convicted for committing a crime or currently charged with a crime. Additionally, former employees who have been dismissed from public service, courts, prosecutor’s office or other law enforcement bodies on the basis of compromising those bodies, are not permitted to work as a PSC employee. In general, former personnel of law enforcement bodies cannot work as a detective for at least one year after leaving their position. In Ukraine, according to government licensing conditions, managers of PSCs must either have completed further education , have three years middle or senior management level experience in the ministry of the interior or the Ukrainian security service SBU, or have served at least five years in the armed forces. These conditions appear to be a fruitful ground for illegitimate cooperation between PSCs and state security institutions, since most of the PSC staff will have worked in those state institutions previously. 




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