ВОПРОСЫ НАДЕЛЕНИЯ САМОРЕГУЛИРУЕМЫХ ОРГАНИЗАЦИЙ ПУБЛИЧНО-ВЛАСТНЫМИ ФУНКЦИЯМИ: ПРОБЛЕМЫ И ПУТИ СОВЕРШЕНСТВОВАНИЯ

Abstract

The article discusses the problematic issues of endowing self-regulatory organizations with public authority functions and powers aimed at exercising delegated functions. The author studies the essence of the representative, regulatory, organizational, accounting, control and jurisdictional functions of self-regulating organizations. The positive impact of the model of legal relations with the participation of self-regulating organizations, state executive authorities and participants of such organizations on the entire system of legal relations in the field of self-regulation is noted. Special attention is paid to the problems and contradictions that occur in the sphere of direct implementation of representative, regulatory functions by self-regulating organizations, as well as unnecessarily cumbersome control over their activities by the state. The ways of improving legislation in the field of performance of delegated public authority functions by self-regulating organizations are proposed. The conclusion is substantiated that the existence of such legislative problems as: the declarative nature of the representative function, excessive state interference in the regulatory function, cumbersome legislation in the field of control and supervision of SRO activities significantly reduces the functional potential of SRO and does not allow achieving the goals set in their activities.