Official authority exceeding by private security agencies employees: foreign experience and prospects for its borrowing

Abstract

The article considers the grounds for criminal liability for exceeding of official authority by employees of private security agencies in the performance of their duties. Emphasis is placed on the peculiarities of considering the issue of liability for harm to life and health of citizens in the implementation of security activities. It is established that in the criminal legislation of Ukraine there is no separate criminal offense which provides liability of security guards for power’ excess at implementation of professional activity.
 The foreign experience of the countries in the issue of criminal liability for exceeding the powers by employees of private and public security agencies has been resolved, is analyzed there. The criminal legislation of the Republic of Tajikistan, the Republic of Kazakhstan, the Republic of Moldova, the Kyrgyz Republic, Turkmenistan, Estonia is considered. It is stated that in the criminal legislation of Western Europe and America there are no separate rules on the liability of private security guards or detectives.
 It is concluded that it is necessary to criminalize the excess of power by employees of private and public security agencies in the current Criminal Code of Ukraine with the borrowing of foreign experience. It is hoped that the working group on the development of criminal law, which is working on a draft of a new Criminal Code of Ukraine, taking into account the norms of international law, will determine the importance of criminalizing the power excessing by employees of private and public security agencies.