Since in the topic of theft in the store, a stormy discussion developed, I want to talk in more detail on the topic that I was allowed by the staff of private security organizations, and what - no.
So, does the security guard have the guards to inspect your bag?
Not. The guard does not have any right to inspect your things - neither in the store, nor in the office or in the theater. Neither at the entrance or at the exit. He may ask you to show that you are stored in a bag, but you have the full right to refuse.
An employee of COO / Chop can cause the police and detain you before it arrives. But on this, the guard should have serious foundations - for example, if he saw with his own eyes, as you put the goods in my pocket, or worked alarm.
Police can watch your things, but only in compliance with the law - with understandable, with the preparation of the protocol, etc. At the same time, they also need to justify why they suspect you in violation. The order of personal inspection is governed by Article 27.7. COAP of the Russian Federation Personal inspection, inspection of things in physical face.
How can the guard can delay you?
In accordance with Art. 16. Conditions for the use of physical strength, special means and firearms of the Law of the Russian Federation of March 11, 1992 N 2487-I "On private detective and security activities in the Russian Federation" The guard has the right to apply physical strength to prevent a crime or self-defense.
But this does not mean that he can sow a person to the floor, if it realizes that he stole a stack of cookies.
If it comes to a trial, the court must take into account whether the actions of the guard are damaged to the damage from which he tried to protect the store or office.
And if the Court consider that an employee of the CHOO exceeded his powers - he will be responsible according to the law in accordance with Article 203 of the Criminal Code of the Russian Federation excess of authority by a private detective or a private security officer who has a private security certificate, when they fulfill their official duties. The maximum sanction under this article is up to 7 years of imprisonment. So it is not in moderation to the robust guards makes sense to think about the consequences.
Does the security guard do not let you go to the trading room with a bag?
No, does not. But the guards do so often - they forbid to enter with a bag and demand to leave it in special boxes.
If you still want to go to the store with a bag, and you are not allowed, call the administration and find out - who gave the security of such a right? What law is written in that the store is forbidden to enter with your bag?
As a rule, administration employees begin to refer to internal instructions. Since it is clear that these laws simply do not exist. In turn, you can remind them that no instructions can contradict the law.
The Civil Code does not allow the store administration to invent their own rules - whom to let, and whom not to let. If the persuasions do not help, call the police and explain the situation.
In general, in any conflict situation that has arisen in the store between you and its employees, the most correct will be the call and the challenge of police officers.
Does the security guard have to ban the goods?
Not. Many people fell into such a situation: taking pictures on the phone in the store's clothing to send someone and consult - take or not take. The guard, referring to the rules of the store, says that it is forbidden to photograph goods.
At this very moment, he violates your constitutional right to look for, to receive, transmit, produce and disseminate information by any legitimate method: Part 4 of Art. 29 of the Constitution of the Russian Federation. The Civil Code of the Russian Federation also does not prohibit photographing goods in stores. There is no this restriction and in the rules of trade.
If the guard still prohibits you to take pictures?
If the guard forbids you to shoot or somehow disrupts your legal rights, first of all, you can ask him to present a personal guard card - this document should be from each Chop employee. By law, the guard is obliged to prevent you with a document. Remember, but better - write down the name and surname of the guard.
Combly explain to the interlocutor that he was misleading, and no store rules could not forbid you to photograph. If you can see that the guard very seriously refers to the authority of the authorities, make it up to the Prime Minister Dmitry Medvedev, who back in 2013 opposed prohibitions on photography in stores. If everything is completely bad, threatened by the court - the practice of such cases exists.
Is it possible to remove the guards on the video?
Phone with the camera included is a good tool in the fight for your rights. The Civil Code allows you to shoot a person in places open to free visits, without its consent, if it is not the main object of shooting (Art. 152.1. Of the Civil Citizen Civil Code). So it is better to shoot not only the guard of you, but also other store employees, buyers and goods.
In addition, the Civil Code allows you to shoot a person without consent, if "the use of the image is carried out in state, public or other public interests." This category is quite possible to take the desire to use video shooting as evidence in court.
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