Legal Nature and Legal Personality of the Self-regulatory Organizations (SRO)

Lubov Sitdikova,Olga Efimova,Olga Gridneva,Maria Volkova,Svetlana Kuzahmetova

doi:10.5901/mjss.2015.v6n6s5p91

Abstract

There is uncertainty whether self-regulatory organizations refer to the entities of public law or private entities. Russian legislator, on the one hand, has defined SRO as non-profit, based on the membership of subjects of professional and business activity (i.e. not created on the state initiative) organizations. On the other hand, they are organizations with authority to adopt regulations of professional business activities and control over their observance. Vesting of these powers on SRO has led to the fact that among scholars involved in research of questions of creation and activity of Russian self-regulatory organizations, the different points of view of their legal nature have been put forward: some of them have classified the SRO as subjects of public law, and the others consider them as private law entities. In scientific literature one can find opinions that SRO is a new legal form of legal entities that they belong to a special group of entities – "self-regulating". The authors consider different points of view of scientists, about the legal nature of self-regulatory organizations and make a conclusion about the presence of self-regulating organizations of the characteristics peculiar to both the private entity and the entity of public law, that allows us to talk about their mixed legal nature. DOI: 10.5901/mjss.2015.v6n6s5p91

Highlights

1.1 Introducing the ProblemIn accordance with the paragraph 1 of article 3 of the Law on self-regulating organizations self-regulatory organizations are non-profit organizations, established for purposes provided for by this Federal law and other Federal laws, based on the membership, uniting entities of entrepreneurial activity on the basis of the unity of the branch of production of goods, or market-produced goods, or uniting subjects of professional activity of a certain kind"Article 2 of the same Law defines self-regulation as the self and initiative activity conducted by subjects of professional and business activity, and consists of the development and establishment of standards and regulations of such activity, and of the control over their observance.The law on self-regulating organizations in certain areas enshrines the concept of the phenomena in question
During the research we came to the conclusion, that the self-regulatory organizations do function both as participants of social relations and as public regulators performing normative and control functions, thereby realizing private and public interests
The conclusion is made on vesting on self-regulating organizations of the private-law legal personality, the contents of which are subjective rights and obligations inherent to the Russian non-profit organizations as subjects of rights, and the special rights and duties associated with their role in process of self-regulation, which are implemented as a result of participation in a discretionary relations in certain limits provided by legislation

Summary

Introduction

1.1 Introducing the ProblemIn accordance with the paragraph 1 of article 3 of the Law on self-regulating organizations self-regulatory organizations are non-profit organizations, established for purposes provided for by this Federal law and other Federal laws, based on the membership, uniting entities of entrepreneurial activity on the basis of the unity of the branch of production of goods (works, services), or market-produced goods (works, services), or uniting subjects of professional activity of a certain kind"Article 2 of the same Law defines self-regulation as the self and initiative activity conducted by subjects of professional and business activity, and consists of the development and establishment of standards and regulations of such activity, and of the control over their observance.The law on self-regulating organizations (hereinafter – SRO) in certain areas enshrines the concept of the phenomena in question. In accordance with the paragraph 1 of article 3 of the Law on self-regulating organizations self-regulatory organizations are non-profit organizations, established for purposes provided for by this Federal law and other Federal laws, based on the membership, uniting entities of entrepreneurial activity on the basis of the unity of the branch of production of goods (works, services), or market-produced goods (works, services), or uniting subjects of professional activity of a certain kind". According to the article 22 of the Federal law "On appraisal activity", the self-regulatory organization of appraisers is a non – profit organization established for the regulation and control of the evaluation activities, included in the unified state register of self-regulating organizations of appraisers, and united on the basis of membership of appraisers. According to the article 31 of the Federal law "On advertising" self-regulating organization in the field of advertising are the association of advertisers, advertisement producers, advertisement distributor and other persons, created in the form of Association, Union or non-profit partnership for the purpose of representing and protecting of members' interests, development of the requirements of the observance of ethical norms in advertising and control over their fulfillment.

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