The Threat as a Dimension for Security Industry Development
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Abstract
The paper deals about relationship’s experience and practice between public security and private security in the sphere of public order and public security, including their domination in the security industry. Scientific works and empirical research, analyzing the development problems of private security (or private policing), have not been practically carried out in Lithuania. Thus, this empirical research will continued the previous research, related to the privatization processes in policing.
The essential problem related to the potential risk of the development security industry, while carrying out to abridge functions of public police and to expand powers of private security both inside the state and the rest of Europe, is being formed. Otherwise, the mission of private security is changing in the market economy, while secure environment and order will comes a market product.
The analyzed problem forms the purpose of the research, i.e. after evaluation of reasons and conditions of security industry working and development, legal acts effective in the Republic of Lithuania and approved governmental programs, to justify the potential risk of the private security development by the principles of legal reglamentation.
In the first part of the article the author analyzes the trend and tendency of the operations of security industry. The author supposes, that possibilities of compatibility of security needs of private and public interests and presumptions of the reform in the field of public safety and policing are very important on nowadays. The author raises one major question: what institutions should be at work to make the situation in the field of law enforcement not as bad as it is now, moreover, what should be done to improve it? In solving the problem the author employs conclusions made by lawyers and other researchers (economists, managers, sociologists, and philosophers). Summing them up helps to explain what should be the system capable of implementing private and public safety and maintaining public order and where is the place of private security institutions in this system. The author sums-up that the problems of the operations of security industry are: first, problem of the risk, second, state policy in respect of private security market; third, the place and the role of private security in the common system of law and order; fourth, the indetermination problem of security industry.
The second part of the paper shows the overview of legal regulation threats of security industry. Legal regulation of private security consists out of two following levels: primary and secondary. Until 1 January 2005 the activity of private security is regulated according to the Government order No. 160 “On protection of persons and property” of 12 March 1993, where order for issuing and termination of licenses to perform the activities of armed protection of persons and property is outlined. The basic changes in the regulation of private security activity occurred in 8 July of 2004, when Seimas of the Republic of Lithuania approved the Law of the Republic of Lithuania on persons and property protection (No. IX-2327), this law coming into force on the 1st of January of 2005. The approved law shall amend previously applied provisions on protection of persons and property. This law shall be the key legal document, regulating the activity of private security.
Unfortunately, still this moment we are confronted with difficulties and negative phenomenon in the field of private security market: first, specific brief of private security. It allows pressing into the implementation on criminal interest or encroach on state security; secondly, the realization of private detective activity. Today, the private detective activity is still not de jure in Lithuania; thirdly, the use of physical compulsion, special equipments and firearms; fourthly, the competence of private security. The essential problem is on fixing parameters of private security (also employees) rights and duties.
The third part of paper demonstrates the issues, perspectives and opportunities of the security industry trends. The core of the problem addressed in this part is that currently the role of private security services in enforcement of policing is eclectic due to vague description of their functions. Therefore the author has researched the development of security industry in the sphere of policing on a global scale and has disclosed tendencies of development and functioning of this market. Analyzed is a possibility of private institutions to overtake (privatize) some public police functions (for example, in the public security and public order area). It is becoming clear that private security institutions may be incorporated into the common system of policing.
The author holds that provision of public security services in security market may exist as a business, whereas the efficiency of the security services depends on competition between various security service providers. Thus, it could be maintained that tendencies of privatization in policing is a new social phenomenon, which influences Lithuanian legal system and gives rise to academic and practical debate. The issue of privatization in policing is treated as a process of transference of certain obligations of security enforcement, policing as well as responsibility from public security services (for example, the police) to private security services.
While concluding on the perspectives of security industry, it can be seen, that the development of security industry and privatization processes in policing may rise up some threats. One of them is the establishment of private police. It means, that every new strategy challenged adequate changes. In order to avoid all that, it is necessary to establish the standards and the criteria of effectiveness evaluation of legal acts and legal norms, prepared national programs on public security and public order area and to assign suitable amount of allocations to the implementation of the measures stipulated in such programs.
The author reaches the conclusion that in free market economy the state does not manage to meet needs of the police and other law enforcement agencies therefore, so we face a need to divide functions and responsibilities between the public police and private security. Provision of public police and private security services in security industry may also be a business, the distinguishable feature of which is that efficiency of the security services depends on competition between public and private security institutions.
The scope and volume of security services providers allow envisaging the formation of an alternative style in policing. Narrowing functions of public security institutions and widening services of private security services, makes it possible to think of removal of monopoly in the security industry. It is possible for an alternative (private) policing model, based on private initiative to exist. The state with regard to social and economic conditions may decide that a part of personal safety and public security, public order functions may be privatized and private security institutions may play a substantial role in the creation of private policing model. On the other hand, private policing model would allow creating a unique theory and practice of its own implementation and would be a basis of administration of security services. In order to achieve this objective it is necessary to determine the strategy of development of the security industry and to forecast conceivable dangers and risk in Lithuania and European Union.
The essential problem related to the potential risk of the development security industry, while carrying out to abridge functions of public police and to expand powers of private security both inside the state and the rest of Europe, is being formed. Otherwise, the mission of private security is changing in the market economy, while secure environment and order will comes a market product.
The analyzed problem forms the purpose of the research, i.e. after evaluation of reasons and conditions of security industry working and development, legal acts effective in the Republic of Lithuania and approved governmental programs, to justify the potential risk of the private security development by the principles of legal reglamentation.
In the first part of the article the author analyzes the trend and tendency of the operations of security industry. The author supposes, that possibilities of compatibility of security needs of private and public interests and presumptions of the reform in the field of public safety and policing are very important on nowadays. The author raises one major question: what institutions should be at work to make the situation in the field of law enforcement not as bad as it is now, moreover, what should be done to improve it? In solving the problem the author employs conclusions made by lawyers and other researchers (economists, managers, sociologists, and philosophers). Summing them up helps to explain what should be the system capable of implementing private and public safety and maintaining public order and where is the place of private security institutions in this system. The author sums-up that the problems of the operations of security industry are: first, problem of the risk, second, state policy in respect of private security market; third, the place and the role of private security in the common system of law and order; fourth, the indetermination problem of security industry.
The second part of the paper shows the overview of legal regulation threats of security industry. Legal regulation of private security consists out of two following levels: primary and secondary. Until 1 January 2005 the activity of private security is regulated according to the Government order No. 160 “On protection of persons and property” of 12 March 1993, where order for issuing and termination of licenses to perform the activities of armed protection of persons and property is outlined. The basic changes in the regulation of private security activity occurred in 8 July of 2004, when Seimas of the Republic of Lithuania approved the Law of the Republic of Lithuania on persons and property protection (No. IX-2327), this law coming into force on the 1st of January of 2005. The approved law shall amend previously applied provisions on protection of persons and property. This law shall be the key legal document, regulating the activity of private security.
Unfortunately, still this moment we are confronted with difficulties and negative phenomenon in the field of private security market: first, specific brief of private security. It allows pressing into the implementation on criminal interest or encroach on state security; secondly, the realization of private detective activity. Today, the private detective activity is still not de jure in Lithuania; thirdly, the use of physical compulsion, special equipments and firearms; fourthly, the competence of private security. The essential problem is on fixing parameters of private security (also employees) rights and duties.
The third part of paper demonstrates the issues, perspectives and opportunities of the security industry trends. The core of the problem addressed in this part is that currently the role of private security services in enforcement of policing is eclectic due to vague description of their functions. Therefore the author has researched the development of security industry in the sphere of policing on a global scale and has disclosed tendencies of development and functioning of this market. Analyzed is a possibility of private institutions to overtake (privatize) some public police functions (for example, in the public security and public order area). It is becoming clear that private security institutions may be incorporated into the common system of policing.
The author holds that provision of public security services in security market may exist as a business, whereas the efficiency of the security services depends on competition between various security service providers. Thus, it could be maintained that tendencies of privatization in policing is a new social phenomenon, which influences Lithuanian legal system and gives rise to academic and practical debate. The issue of privatization in policing is treated as a process of transference of certain obligations of security enforcement, policing as well as responsibility from public security services (for example, the police) to private security services.
While concluding on the perspectives of security industry, it can be seen, that the development of security industry and privatization processes in policing may rise up some threats. One of them is the establishment of private police. It means, that every new strategy challenged adequate changes. In order to avoid all that, it is necessary to establish the standards and the criteria of effectiveness evaluation of legal acts and legal norms, prepared national programs on public security and public order area and to assign suitable amount of allocations to the implementation of the measures stipulated in such programs.
The author reaches the conclusion that in free market economy the state does not manage to meet needs of the police and other law enforcement agencies therefore, so we face a need to divide functions and responsibilities between the public police and private security. Provision of public police and private security services in security industry may also be a business, the distinguishable feature of which is that efficiency of the security services depends on competition between public and private security institutions.
The scope and volume of security services providers allow envisaging the formation of an alternative style in policing. Narrowing functions of public security institutions and widening services of private security services, makes it possible to think of removal of monopoly in the security industry. It is possible for an alternative (private) policing model, based on private initiative to exist. The state with regard to social and economic conditions may decide that a part of personal safety and public security, public order functions may be privatized and private security institutions may play a substantial role in the creation of private policing model. On the other hand, private policing model would allow creating a unique theory and practice of its own implementation and would be a basis of administration of security services. In order to achieve this objective it is necessary to determine the strategy of development of the security industry and to forecast conceivable dangers and risk in Lithuania and European Union.
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Please see Copyright and Licence Agreement for further details.
