SELF-REGULATORY ORGANISATIONS: CONTROL OVER THE ACTIVITIES OF ITS MEMBERS AS A NEW MECHANISM OF NON-STATE INCENTIVES OF HONEST BEHAVIOUR OF BUSINESS SUBJECTS

Abstract

The article examines the problems associated with determining the legal status of self-regulatory organisations. In particular, based on the analysis of existing opinions, the authors come to the conclusion that self-regulatory organisations are of a mixed nature, acting under certain conditions both as subjects of public law and as subjects of private law. The functions of self-regulatory organisations to carry out control measures in relation to their members are not alien to private law. On the basis of this conclusion and taking into account the latest changes in the current legislation on state control, the authors consider the new authority of the regulatory authorities to recognise the control exercised by self-regulatory organisations over the activities of their members as a mechanism for non-state stimulation of conscientious behaviour of business entities. The authors conclude that for the effective practical implementation of the mechanism under consideration, it is necessary to provide additional legal tools, the essence of which is revealed in the article.