It is not a function of a self-regulatory organization. SRO - what is it? Self-regulatory organizations: types, activities

An SRO is a non-profit partnership whose main task is to regulate the activities of the members of the association. Explanation of the abbreviation SRO - self-regulatory organization.

The main provisions of what an SRO is are set out in the text of Law No. 315-FZ “On Self-Regulatory Organizations”, adopted in 2007. The Town Planning Code of the Russian Federation stipulates which enterprises must join an SRO and the requirements for them, the rights and responsibilities of organizations and other aspects.

Why do you need an SRO?

Since January 2009, the state has transferred part of its functions of supervision and control over the activities of construction companies to self-regulatory organizations. SROs serve for a qualitatively new organization of supervisory activities. For example, previously, in order for a company to undertake the construction of a building, it needed to obtain a license from the state to carry out certain types of work. Now the contractor receives permission from the SRO.

Types of SROs in the construction industry

Self-regulatory organizations are formed according to the principle of the main activity of the participating companies. So, they distinguish:

SRO in construction - members of the organization are engaged in construction work, reconstruction and major repairs of various objects. Such SROs develop regulatory documents in accordance with Art. 55.5 Civil Code of the Russian Federation, and also monitor their implementation.

SRO in design - members of these organizations have the right to develop architectural and construction projects.

SRO in survey (engineering) - participants of these organizations are engaged in carrying out work to analyze the conditions on land plots for construction, approving the possibility of using these sites, as well as further design and construction.

All existing SROs, as well as their participants, are entered into a special state register. In case of violations, they may be excluded from it. The register is publicly available, so before starting cooperation with any company, you can easily check its affiliation with the SRO and the validity of the organization itself.

What is SRO approval

SRO approval is a document that confirms the company’s right to carry out certain types of work. Such documents are issued by self-regulatory organizations after a thorough study of the activities of the participants and their business reputation. The SRO is interested in accepting into its ranks and issuing permits only to trustworthy organizations, since it is the self-regulatory organization that will be responsible in the event of any problems.

To join an SRO and obtain admission, you must provide a list of documents not only about the company itself, but also about the professional level of its employees. The main list is fixed by law, however, SROs themselves have the right to require additional documents. For example, a number of SROs require documentation about completed projects, customer reviews, etc.

The validity of an SRO permit is in no way limited by time. An enterprise can carry out its activities as long as it is a member of the organization.

Types of tolerances

Based on the type of permit, there are two types of certificates issued by SROs:

• approvals confirming the company’s right to carry out standard work;
• approvals allowing work to be carried out in difficult conditions or at hazardous sites.

Depending on the specialization, different types of permits are issued:

• tolerances for drawing up design documentation;
• permits for engineering work;
• approvals for restoration, repair and construction work at various sites.

Each field of activity implies mandatory compliance with certain instructions, rules and requirements, which is secured by admission. The certificate also confirms the compliance of the level of professional education of the company’s employees and their ability to perform or manage certain types of work.

Benefits of having a clearance

First of all, SRO approval is a confirmation of the company’s technical, financial and professional capabilities to carry out specific work.

SRO approval allows you to:

• gather highly qualified specialists in one company;
• improve the quality of services provided;
• protect the interests of companies participating in the SRO, and also makes their cooperation with each other more convenient and useful.

Control over the activities of SROs and the issuance of permits is carried out by government bodies.

Compared to previously issued state construction licenses, admission has a number of undoubted advantages:

• to obtain it, you must provide a minimum of documents that do not need to be certified by a notary;
• issuing a certificate takes a minimum of time;
• upon receipt of a repeated certificate, accelerated completion of procedures is provided;
• The professional area of ​​responsibility of contracting companies is growing.

Most of the documents that must be provided to obtain admission are applications and questionnaires. When obtaining permission, a complete list of all types of operations performed by the enterprise, information about the qualification level of employees, insurance policies and other important information are also provided.

Termination of SRO permit

The provided certificate (if it is not temporary) does not have any temporary or territorial restrictions on validity. However, there are a number of cases when its action can be stopped:

In case of voluntary withdrawal of the company from the association;

If there is another permitting certificate received from another SRO;

If identified violations in the company’s activities are not eliminated during its inspection;

When the company is brought to disciplinary liability;

Subject to appropriate court decision.

Carrying out activities without permission

The need to obtain permits for design, engineering and construction companies is determined by the specifics of their work, the quality of which determines the reliability of the objects under construction and the safety of people.

If an enterprise operates without a permit and is not a member of a self-regulatory organization, then this may have a number of consequences for it:

If the quality of work performed by a company can affect the safety of a building, then it will be held administratively liable and fined;

If people were injured during the work, the company will be held criminally liable;

If professional standards are repeatedly violated, the company may be liquidated.

In view of such prospects, before starting construction work, you should check the availability of all necessary permits.

Functions of SRO

The main functions of self-regulators include:

• drawing up requirements for companies wishing to join an SRO, as well as for carrying out professional activities within the organization;
• appointment and application of disciplinary measures against participants within the framework of the law;
• resolution of disputes through arbitration courts between members of the organization, participants and customers and other persons provided for by law;
• representing and protecting the interests of companies before local and state authorities;
• control and analysis of the activities of participants based on the reports they provide;
• organization of training, advanced training, certification of employees, certification of goods and services of companies;
• information support for participants, publication of information about the activities of companies in the prescribed manner.

Rights and obligations of SRO

Self-regulatory organizations, having received a number of functions from the state, also acquired a number of rights and obligations. Their main rights include:

• the possibility of challenging decisions of all government bodies;
• participation in the drafting of federal laws that are directly related to the activities carried out;
• providing government agencies with our own developments and proposals for the development of the industry.

The responsibilities of the SRO are prescribed by law and include regular monitoring of the activities of all participants, as well as monitoring the participants’ compliance with legal requirements.

Joining the SRO

The future of the company largely depends on the choice of SRO, which is why it is so important to approach this issue with all seriousness and care.

How to choose an SRO

The process of searching and selecting an SRO may take a different amount of time depending on the region and the number of self-regulatory organizations available on its territory. When studying information about associations, you should pay attention to the following points:

1. List of participants. Namely, whether there are large companies among them. In their absence, it is necessary to carefully study the activities of this SRO.
2. Reviews. If there are any complaints about the activities of the SRO, reviews will be able to provide basic information about this. You can also read reviews about the work of participating companies. There is usually a lot of such information, and it is quite revealing.
3. SRO requirements for new participants. The conditions should not be too complicated, since being a member of this SRO with strict requirements will be problematic.
4. Website design. Design is a matter of taste, but the main thing is the content. It is important how complete the information is presented there, how regularly it is updated, and whether news is written. Responsible SROs, as a rule, diligently maintain the website.

The more information you can collect about the activities of the SRO, the more complete picture of the organization you can get. And, accordingly, there is less chance of choosing an incompetent self-regulatory organization.

How to join an SRO

As a rule, the procedure for joining a self-regulatory organization is described in detail on its website along with a full list of requirements for applicants.

Typically, the entry procedure follows the following algorithm:

1. Filing an application.
2. Making an entrance fee and contribution to the compensation fund.
3. Payment of civil liability insurance premium.
4. Submission of all documents confirming the professional level of the company and employees.

There are many law firms on the market that provide services for filling out and preparing a package of documents for entry. Contacting such a company greatly simplifies the process of obtaining admission.

Entry Fees

According to the law, SROs provide for several types of contributions. The amounts and payment procedures may vary across different self-regulators.

Entrance fee.

This is done once upon joining the organization. If joining an SRO is delayed within a month, the contribution is refunded. The contribution amount can reach 100 thousand rubles or more, but the usual practice is a contribution of 5 thousand rubles. Also, a number of SROs have canceled the entrance fee to attract new members. The amount of contributions is set every year at the general meeting of the organization.

Membership fee.

Regular monthly contributions range from 3 to 25 thousand. The amount can be changed at a general meeting, but not more than once a year. Failure to pay membership fees may be grounds for exclusion from the association.

Contributions to the compensation fund.

The compensation fund is the funds of all participants of the organization, intended to pay compensation in the event that one of the participants caused damage to the customer or a third party through its activities.

In 2016, a number of significant amendments to urban planning legislation were adopted, including those concerning the amount of contributions to compensation funds.

In construction and design, the amount depends on the cost of the estimated contract amounts; in survey SROs, the amount is constant (more details in Tables 1 and 2).

Table 1. Contributions to the Compound Fund* (CF) for construction organizations

Table 2. Contributions to the Compound Fund* (CF) for designers and surveyors

* All fees are indicated taking into account changes to the Urban Planning Code of the Russian Federation, which entered into force in July 2016.

** Contributions to the Contractual Obligations Fund are paid only if contracts for the performance of work by a builder, designer, or surveyor will be concluded on a competitive basis (tenders, auctions). If not, then only the Compensation Fund is paid.

In addition, every year participants must pay for the renewal of the insurance contract for the SRO. As a rule, the amount ranges from 5 to 20 thousand rubles.

As additional contributions, the SRO may assign payments to various funds or organizations. Their payment is also required.

Exclusion from SRO

As already mentioned, a company can be excluded from the SRO. The reason for considering the issue of exclusion may be the following situation:

In case of non-payment of monthly fees;

When carrying out work not covered by the permit.

The decision to expel from the organization can be made and approved only at a general meeting.

By transferring some of its functions to self-regulators and making membership in them mandatory for construction companies, the state was able to create conditions for more comfortable and high-quality work for enterprises. SROs have become not only an effective monitoring tool, but also stimulators of industry development.

For all questions about joining the SRO and obtaining admission, you can always contact the company’s specialists “

Commentary on Article 6 of the Federal Law “On Self-Regulatory Organizations”

1. Part 1 of the commented article defines the list of functions performed by the SRO. At the same time, Part 1 indicates that the SRO performs the main functions. This means that those functions that are listed in part 1 of the commented article are carried out by the SRO without fail, since these are the main functions that are listed in the commented Law. In addition to this, the SRO has the right to perform other functions other than those listed in Part 1 of the commented article, but only if these functions do not contradict the law.

The first function of a self-regulatory organization is provided for in paragraph 1 of part 1 of the commented article and is that it develops and establishes the conditions for membership in a self-regulatory organization of subjects of business or professional activity. The conditions of membership should be understood as the mandatory requirements that subjects of business or professional activity must fulfill in order to join a self-regulatory organization, that is, to become its members. The development of such conditions means the determination, by general agreement, of general requirements that, in the future, when new members join a self-regulatory organization, subjects of business and professional activity who wish to join it must comply. By establishing conditions, it is necessary to understand the “next stage” after the development of such conditions, that is, making them binding, enshrining them in a specific act and giving them legal force. At the same time, Part 1 of the commented article does not stipulate how and in what act these conditions should be defined. Considering that the main acts of a self-regulatory organization are standards and rules, which are understood as requirements specifically for the implementation of entrepreneurial or professional activities (see commentary to Article 4), it cannot be argued that the conditions for membership in a self-regulatory organization can be enshrined in the rules or standards of a self-regulatory organization , since these are the conditions for entry, that is, becoming members of an SRO, which may include, for example, carrying out entrepreneurial or professional activities for a certain time, the presence of a certain number of employees in an individual entrepreneur or legal entity, the presence of local regulations in a legal entity, providing for certain conditions. That is, the conditions of membership are not, in fact, requirements for carrying out entrepreneurial or professional activities; these are precisely the conditions for joining a self-regulatory organization. In this regard, it can be assumed that the conditions for membership of subjects of business or professional activity in a self-regulatory organization can be established, in addition to rules and standards, in its other local acts.

However, in practice, the prevailing situation is when the conditions for membership in an SRO are determined by the charter of a self-regulatory organization. Thus, Section 4 of the Charter of the self-regulatory organization non-profit partnership “Builders of the Sverdlovsk Region” provides for the following.

First, the partnership is open to new members.

Secondly, the admission of a new member to the partnership is carried out on the basis of an application submitted by him with the attachment of a copy of a document confirming the fact that an entry on the state registration of an individual entrepreneur or legal entity has been made in the state register, copies of constituent documents (for a legal entity), a duly certified translation into Russian language of documents on state registration of a legal entity in accordance with the legislation of the relevant state (for a foreign legal entity). The Partnership has the right to establish requirements for the provision of additional documents upon entry, if this does not contradict the legislation of the Russian Federation. The conditions for admission to partnership membership may include a condition on the compliance of a candidate - a legal entity, including a foreign legal entity, and an individual entrepreneur with the requirements for the issuance of certificates of admission to one or more types of work on construction, reconstruction, major repairs of capital construction projects that provide the impact on the safety of capital construction projects and the resolution of issues regarding the issuance of a certificate of access to which is referred by the general meeting of partnership members to the scope of the partnership’s activities. From the moment the partnership acquires the status of a self-regulatory organization based on the membership of persons carrying out construction, the specified conditions for admission to membership of the partnership are mandatory. In this case, the candidate member of the partnership, along with the documents specified in this Charter, submits to the partnership documents confirming its compliance with the requirements for issuing a certificate of admission to a certain type of work or types of work that affect the safety of capital construction projects, as well as a copy issued by another self-regulatory organization of the same type of certificate of admission to a certain type or types of work that affect the safety of capital construction projects, if the candidate is a member of another self-regulatory organization.

Thirdly, it is not allowed to demand from candidates for membership in a partnership that has the status of a self-regulatory organization based on the membership of persons carrying out construction, documents that are not provided for by the legislation of the Russian Federation.

Fourthly, a person accepted as a member of a partnership that has the status of a self-regulatory organization is issued a certificate of admission to a certain type of work or types of work that affect the safety of capital construction projects and are indicated in the application for admission to membership. The issuance of a certificate of admission is carried out in the manner and within the time limits established by the legislation of the Russian Federation.

Fifthly, persons accepted into the partnership before it acquired the status of a self-regulatory organization are required to apply to the partnership to obtain a certificate of admission to work that affects the safety of capital construction projects, within the time frame and in the manner established by the legislation of the Russian Federation.

The next function of a self-regulatory organization (clause 2 of part 1 of the commented article) is that the SRO applies disciplinary measures against its members. The procedure for applying such measures is determined by Art. 10 of the commented Law (see commentary to Article 10). According to Art. 10 of the commented Law, disciplinary measures are applied for violation by members of the SRO of the rules and standards of the self-regulatory organization, as well as the conditions of membership in the self-regulatory organization. This function of a self-regulatory organization involves the use of two groups of disciplinary measures:

– disciplinary measures provided for by the commented Law;

– disciplinary measures that are provided for by the internal documents of the self-regulatory organization.

In the commented Law, disciplinary measures are also provided for in Art. 10. As for those disciplinary measures that are provided for by the internal documents of a self-regulatory organization, such documents include rules of disciplinary behavior, rules of internal work organization, while these measures cannot be established in the rules and standards of business or professional activities , since these rules and standards determine the requirements for entrepreneurial or professional activities, and not for the behavior of SRO members.

In judicial practice, there are cases when the decision of a self-regulatory organization to apply disciplinary measures is considered illegal. Thus, by the Resolution of the Federal Arbitration Court of the Volga District dated February 24, 2011 N A12-15563/2010, at the request of the limited liability company “Design-Project”, the city of Volgograd, to declare illegal and cancel the decision of the Council of Non-Profit Partnership “Self-regulatory organization “Interregional Alliance” construction enterprises" of the city of Volgograd, it was established that the limited liability company applied to the Arbitration Court of the Volgograd Region with an application to invalidate the decision of the Council of the non-profit partnership "Self-regulatory organization "Interregional Alliance of Construction Enterprises" to suspend the validity of the certificate of admission to types of work that affect safety capital construction projects. By the decision of the Arbitration Court of the Volgograd Region, left unchanged by the Resolution of the Twelfth Arbitration Court of Appeal, the stated requirements were satisfied in full. The courts of both instances found that the decision of the general meeting of members of the self-regulatory organization approved the disciplinary measures that were applied by the defendant. The courts found that the decision of the self-regulatory organization was made in violation of paragraph 7 of the disciplinary measures approved by the decision of the general meeting of members of the self-regulatory organization, namely in the absence of a warning and an order to the member of the self-regulatory organization to eliminate the identified violations within a specified time frame. At the same time, the appellate court rightfully indicated that the invalidation of the defendant’s controversial decision does not contradict the provisions of the Civil Code of the Russian Federation. The courts, assessing these legal relations, found that there were no violations of the requirements for issuing a certificate of admission to types of work that affect the safety of capital construction projects on the part of Design-Project LLC. The courts concluded that the applicant provided reliable information regarding his employees. In this regard, the defendant's cassation appeal was dismissed.

The next function of a self-regulatory organization is that, in accordance with the legislation on arbitration courts, it forms arbitration courts to resolve disputes. According to Art. 2 of the Federal Law of July 24, 2002 N 102-FZ “On Arbitration Courts in the Russian Federation” (hereinafter referred to as the Federal Law “On Arbitration Courts in the Russian Federation”) arbitration court is a permanent arbitration court or an arbitration court formed by the parties to resolve a specific dispute . In accordance with Art. 3 of the said Federal Law, two types of arbitration courts can be formed in the Russian Federation:

1) permanent arbitration courts;

2) arbitration courts to resolve a specific dispute.

The procedure for establishing an arbitration court to resolve a specific dispute is determined by agreement of the parties.

Based on the provisions of Part 1 of the commented article, the SRO forms precisely arbitration courts to resolve a specific dispute. The parties may determine the number of arbitrators, which must be odd. Unless the parties agree otherwise, three arbitrators are elected (appointed) to resolve a specific dispute.

Unless the parties agree otherwise, the formation of the arbitration tribunal to resolve a specific dispute is carried out in the following order:

1) when forming an arbitration tribunal consisting of three arbitrators, each party elects one arbitrator, and two arbitrators elected in this way elect a third arbitrator.

If one of the parties does not elect an arbitrator within 15 days after receiving a request for this from the other party, or two elected arbitrators do not elect a third arbitrator within 15 days after their election, then consideration of the dispute in the arbitration court is terminated and this dispute may be submitted to the competent court for permission;

2) if the dispute is subject to resolution by an arbitrator alone and after one party approaches the other with a proposal to elect an arbitrator, the parties do not elect an arbitrator within 15 days, then the consideration of the dispute in the arbitration court is terminated and the dispute may be referred to the competent court for resolution.

To resolve a specific dispute, the arbitration court carries out arbitration proceedings in accordance with the rules agreed upon by the parties. The decision of the arbitration court to resolve a specific dispute within a month after its adoption is sent along with the materials on the case for storage to the competent court.

As provided for in paragraph 3 of part 1 of the commented article, the SRO creates arbitration courts in accordance with the legislation on arbitration courts. At the same time, the Federal Law “On Arbitration Courts in the Russian Federation” does not define the so-called “composition of legislation on arbitration courts”. However, the authors believe that the legislation on arbitration courts includes primarily the Constitution of the Russian Federation, Federal Constitutional Law of February 7, 2011 No. 1-FKZ “On Courts of General Jurisdiction in the Russian Federation”, federal legislation on the judicial system and the above-mentioned Federal Law “On Arbitration Courts” in the Russian Federation."

As noted above, the SRO creates arbitration courts to resolve specific disputes. Such disputes include:

– disputes between members of a self-regulatory organization;

– disputes between members of a self-regulatory organization and consumers of goods (works and services) produced by it;

– disputes between members of a self-regulatory organization and other persons.

Thus, in accordance with Section 9 of the Charter of the non-profit partnership “Self-regulatory organization” Association of Energy Inspection Companies “Development”, it is stipulated that a permanent arbitration court is considered established from the moment the self-regulatory organization commits the following actions:

– the partnership decided to establish a permanent arbitration court;

– the partnership approved the provision on a permanent arbitration court;

– the partnership has approved a list of arbitrators, which can be mandatory or advisory.

Also, for example, the Charter of the non-profit partnership “Self-regulatory organization “Union of Builders of the Moscow Region “Mosoblstroykompleks”” stipulates that all arising disputes and disagreements are resolved by the members of the partnership through negotiations, including through the mediation of the partnership council, or by submitting the dispute to a permanent arbitration tribunal. . An arbitration agreement to resolve disputes between partnership members by a permanent arbitration court, determined in accordance with the decision of the association’s council, (hereinafter referred to as the arbitration agreement) is concluded by all members of the partnership. Persons who have signed an arbitration agreement undertake obligations to voluntarily comply with the decisions of the relevant permanent arbitration court.

The arbitration court in partnership resolves disputes arising between members of the SRO and consumers of goods (works, services) produced by members of the SRO or other persons if the parties enter into an appropriate arbitration agreement in accordance with the norms of federal legislation on arbitration courts.

The arbitration court operates in accordance with the federal legislation on arbitration courts, the arbitration agreement and the regulations on a permanent arbitration court in partnership.

Arbitration decisions may be subject to enforcement or challenged in arbitration courts on the grounds established by federal legislation on arbitration courts.

The costs associated with resolving a dispute in an arbitration court are borne by the parties to the proceedings in accordance with the regulations on the arbitration court. The regulations on the arbitration court may determine the procedure for partial payment by the partnership of these expenses. The partnership council may decide to resolve disputes between partnership members by a permanent arbitration tribunal formed by the partnership of which the partnership is a member. In this case, the arbitration proceedings are carried out in accordance with the regulations adopted in the prescribed manner on the specified permanent arbitration court.

The next function of a self-regulatory organization is enshrined in clause 4 of part 1 of the commented article and consists of analyzing the activities of its members by the self-regulatory organization. Analysis in its essence must be understood as the study of a certain phenomenon and the comparison of the results obtained during the study with the established ideals of such a phenomenon. In relation to the function of a self-regulatory organization, the analysis of the activities of SRO members is understood as the study of certain aspects of their activities based on the information they provide. In accordance with the Federal Law “On Information, Information Technologies and Information Protection,” information is information (messages, data) regardless of the form of their presentation. Thus, in relation to a self-regulatory organization, we can say that information about the activities of members of a self-regulatory organization is information about their activities submitted by members of a self-regulatory organization.

Clause 4 of Part 1 of the commented article determines that the analysis of the activities of SRO members is carried out on the basis of information. This means that such information about the activities of SRO members is the only source of information about their activities, since this information forms the basis of the analysis. At the same time, paragraph 4 of part 1 of the commented article contains, according to the authors, a significant drawback, which is that this paragraph does not determine the aspect of whether the activities of SRO members, which are analyzed by a self-regulatory organization, should be related to the activities of a self-regulatory organization, or it can be any activity of SRO members that does not contradict the law.

Clause 4 of part 1 of the commented article determines that the form (method) of providing information by SRO members is reports.

The report is a document that contains summary information, in this case, about the activities of SRO members, indicating the main characteristics (traits) of such activities. The procedure for submitting such a report must be determined by the charter of the non-profit organization. In accordance with paragraph 3 of Art. 14 of the Federal Law “On Non-Profit Organizations” provides that the constituent documents of a non-profit organization must define the name of the non-profit organization, containing an indication of the nature of its activities and organizational and legal form, the location of the non-profit organization, the procedure for managing activities, the subject and goals of the activity, information about branches and representative offices, the rights and obligations of members, the conditions and procedure for admission to membership of a non-profit organization and withdrawal from it (if the non-profit organization has membership), sources of formation of the property of a non-profit organization, the procedure for making changes to the constituent documents of a non-profit organization, the procedure for using property in in case of liquidation of a non-profit organization and other provisions provided for by the Federal Law “On Non-Profit Organizations” and other federal laws. And also the constituent documents of a non-profit organization may contain other provisions that do not contradict the law, including, as provided for in paragraph 4 of part 1 of the commented article, the procedure for the provision of reports by members of the SRO on their activities. Meanwhile, we see that clause 4 of part 1 of the commented article contains a rather serious terminological contradiction, since a report with information on the activities of SRO members must be submitted by SRO members, and the procedure for submitting a report by them is the charter of a non-profit organization. It is possible that the federal legislator made a terminological error when, when establishing this norm, the federal legislator meant a self-regulatory organization, and not any commercial organization as a whole.

At the same time, clause 4 of part 1 of the commented article determines that such a procedure may be provided for by another document approved by the general meeting of SRO members. It seems that such a document can, in particular, be understood as the standards or rules of a self-regulatory organization, because they represent requirements for entrepreneurial or professional activities, and therefore may also include requirements for the provision of reports by members of the SRO on their activities. But at the same time, such a document must be approved by the general meeting of SRO members. The procedure for the activities of the general meeting of SRO members is determined by Art. 16 of the commented Law.

Clause 5 of Part 1 of the commented article establishes such a type of function as representing the interests of SRO members. Meanwhile, this clause in practice may cause certain difficulties in its application, which lie in the fact that the interests of a legal entity, such as an SRO, are represented by individuals. This conclusion follows from Part 3 of Art. 53 of the Civil Code of the Russian Federation, which provides that a person who, by virtue of the law or constituent documents of a legal entity, acts on its behalf, must act in the interests of the legal entity he represents in good faith and reasonably. Thus, a legal entity, including a non-profit organization, always has representatives, who are certain individuals.

But in paragraph 5 of part 1 of the commented article we are talking about the representation of the interests of its members by a self-regulatory organization. The question arises: how to implement such representation in practice? In accordance with the provisions of Art. 182 of the Civil Code of the Russian Federation, a representative office is formalized by a power of attorney. A transaction made by one person (representative) on behalf of another person (represented) by virtue of authority based on a power of attorney, an indication of the law or an act of an authorized state body or local government body directly creates, changes and terminates the civil rights and obligations of the represented. A power of attorney is a written authority issued by one person to another person for representation before third parties. A written authorization to carry out a transaction by a representative may be presented by the represented directly to the relevant third party.

In practice, a legal entity issues a power of attorney to its representative to represent his interests when concluding transactions, in court, in state authorities and local government. Therefore, if it is necessary to represent the interests of SRO members, a power of attorney should be issued to one of the SRO members in order to represent the interests of all other members in relations with state authorities and local government.

But since individual entrepreneurs can also be members of an SRO, when representing interests, you can use the procedure of commercial representation. A commercial representative is a person who constantly and independently carries out representation on behalf of entrepreneurs when they enter into contracts in the field of entrepreneurial activity. Simultaneous commercial representation of different parties to a transaction is permitted with the consent of these parties and in other cases provided for by law. At the same time, the commercial representative is obliged to carry out the instructions given to him with the diligence of an ordinary entrepreneur.

A commercial representative has the right to demand payment of the stipulated remuneration and reimbursement of costs incurred during the execution of the order from the parties to the agreement in equal shares, unless otherwise provided by the agreement between them.

Commercial representation is carried out on the basis of an agreement concluded in writing and containing instructions on the powers of the representative, and in the absence of such instructions, also a power of attorney.

In accordance with clause 5 of part 1 of the commented article, we are talking about representing the interests of SRO members in relations with the bodies specified in this paragraph. At the same time, paragraph 5 of part 1 of the commented article does not disclose the content of these relations. But, of course, these should be exclusively those relations that relate to the interaction of subjects of business or professional activity with such bodies. But first, let’s define which organs are meant by:

1) government bodies of the Russian Federation;

2) government bodies of the constituent entities of the Russian Federation;

3) local government bodies.

In accordance with the Constitution of the Russian Federation, government bodies of the Russian Federation include:

1) President of the Russian Federation;

2) Federal Assembly of the Russian Federation;

3) Government of the Russian Federation;

Meanwhile, it should be noted that in 2004, Decree of the President of the Russian Federation of March 9, 2004 N 314 “On the system and structure of federal executive bodies” was signed. In accordance with this Decree, the following types of federal authorities were created:

– Federal Ministry;

- federal Service;

- federal agency.

It is worth noting that the SRO will represent the interests of its members in relations only with those government bodies whose competence includes consideration of issues related to activities in the self-regulatory organization.

In particular, such self-regulatory organizations as appraisers and arbitration managers participate in relations with such a federal body as the Federal Service for State Registration, Cadastre and Cartography, which, in accordance with the Regulations on the Federal Service for State Registration, Cadastre and Cartography, approved by the Decree of the Government of the Russian Federation dated June 1, 2009 N 457, carries out functions of federal state supervision over the activities of self-regulatory organizations of appraisers, control (supervision) over the activities of self-regulatory organizations of arbitration managers.

As for the state authorities of the constituent entities of the Russian Federation, the representation of the interests of a self-regulatory organization, in particular a self-regulatory organization of appraisers in the Ivanovo region, will be carried out in relations with the Property Management Department of the Ivanovo Region, since on the basis of paragraph 3.20 of the Regulations on the Property Management Department of the Ivanovo Region, approved by the Resolution Government of the Ivanovo region dated February 8, 2013 N 31-p, this executive body of state power of the Ivanovo region makes a decision to conduct a state cadastral valuation in the territory of the Ivanovo region. At the same time, for example, in the Altai Territory, in accordance with the order of the Administration of the Altai Territory dated May 18, 2010 N 154-r, a Coordination Council for interaction with self-regulatory organizations of the construction complex of the Altai Territory was created. Thus, the interaction of self-regulatory organizations in this area, as far as it concerns the authorities of the constituent entities of the Russian Federation, is carried out directly with it.

As for local governments, in accordance with Art. 2 of the Federal Law of October 6, 2003 N 131-FZ “On the General Principles of the Organization of Local Self-Government in the Russian Federation” local government bodies are bodies elected directly by the population and (or) bodies formed by the representative body of the municipality, vested with their own powers to resolve issues of local importance .

The structure of local government bodies is made up of the representative body of the municipality, the head of the municipality, the local administration (the executive and administrative body of the municipality), the control and accounting body of the municipality, other bodies and elected officials of local government, provided for by the charter of the municipality and having their own powers to solving local issues. The presence in the structure of local government bodies of a representative body of the municipality, the head of the municipality, the local administration (the executive and administrative body of the municipality) is mandatory, except for the cases provided for by this Law.

The procedure for formation, powers, term of office, accountability, control of local government bodies, as well as other issues of the organization and activities of these bodies are determined by the charter of the municipality.

The names of the representative body of the municipality, the head of the municipality, the local administration (the executive and administrative body of the municipality) are established by the law of the subject of the Russian Federation, taking into account historical and other local traditions.

Local governments are not included in the system of state authorities.

Participation of public authorities and their officials in the formation of local government bodies, appointment and dismissal of local government officials is allowed only in cases and in the manner established in this Law.

According to clause 6, part 1 of the commented article, the SRO organizes:

1) vocational training, certification of employees of members of a self-regulatory organization;

2) certification of goods (works, services) produced by members of the self-regulatory organization.

According to paragraph 13 of Article 2 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation”, vocational education is a type of education that is aimed at students acquiring knowledge, abilities, skills and the formation of competence necessary to perform certain labor, official functions (certain types of labor, official activities, professions). From Article 73 of the said Federal Law it follows that vocational training is carried out according to the following programs:

1) vocational training programs for blue-collar professions and white-collar positions;

2) retraining programs for workers and employees;

3) programs for advanced training of workers and employees;

4) vocational training programs for blue-collar professions and white-collar positions.

Vocational training under vocational training programs for blue-collar professions and white-collar positions means vocational training for persons who have not previously had a blue-collar profession or white-collar position. Vocational training under retraining programs for workers and employees is understood as vocational training for persons who already have the profession of a worker, the profession of a worker or the position of an employee, the position of an employee, in order to obtain a new profession of a worker or a new position of an employee, taking into account the needs of production, the type of professional activity. Vocational training under advanced training programs for workers and employees is understood as vocational training for persons who already have the profession of a worker, the profession of a worker or the position of an employee, the position of employees, in order to consistently improve professional knowledge, skills and abilities in the existing profession of a worker or an existing position of an employee without increasing educational level. Vocational training under vocational training programs for blue-collar professions, white-collar positions within the framework of mastering the educational program of secondary general education, educational programs of secondary vocational education, as well as in other cases provided for by federal laws, is provided free of charge.

Thus, vocational training involves obtaining the knowledge necessary to carry out activities in a particular profession or position.

As for certification, the legislation of the Russian Federation does not contain a definition of the concept of “certification”. Meanwhile, from Articles 49, 58 and 59 of the Federal Law of December 29, 2012 N 273-FZ “On Education in the Russian Federation” it follows that certification– this is an assessment of the degree and level of knowledge acquisition in certain educational programs.

The types of final certification tests for final state certification of graduates of higher educational institutions include:

a) defense of final qualifying work;

b) state exam.

But the direct function of a self-regulatory organization is to organize professional training and certification. This means that the relevant responsible persons of the self-regulatory organization are obliged to take all necessary measures, in particular such as:

– determining the circle of people sent for vocational training and then for certification;

– collection and preparation of necessary documents for professional training and certification;

– in certain cases, selection of personnel who will carry out professional training, as well as final certification;

– informing persons sent for vocational training and certification about the place and time of vocational training and certification, etc.

However, with regard to certification, it can be said that it cannot always be carried out exclusively in those educational institutions to which the relevant persons are sent. The certification itself can be carried out in the organization in which the person being certified works, since clause 6, part 1 of the commented article determines that the organization of vocational training and certification is carried out in relation to employees of SRO members. Let us draw attention to the fact that clause 6 of part 1 of the commented article determines that the above functions are carried out in relation to employees of SRO members, and not of the self-regulatory organization as a whole. This means that the SRO and its governing bodies ensure that individual entrepreneurs and legal entities that are members of the SRO have highly trained and professional employees. Actually, the concept of “employee” is enshrined in Art. 20 of the Labor Code of the Russian Federation, according to which an employee is an individual who has entered into an employment relationship with an employer. Persons who have reached the age of sixteen (according to the general rule of labor legislation) have the right to enter into labor relations as employees. In turn, according to Art. 15 of the Labor Code of the Russian Federation, labor relations are relations based on an agreement between the employee and the employer on the personal performance by the employee for payment of a labor function (work according to the position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee), the employee’s subordination to the rules internal labor regulations when the employer provides working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract. Thus, employees of SRO members are individuals who perform a certain labor function for an appropriate fee and, accordingly, have entered into an employment contract with an individual entrepreneur or legal entity that is a member of the SRO.

It should be noted that directly for an individual entrepreneur and a legal entity who are members of an SRO, certification can be organized by a self-regulatory organization by organizing a final exam, drawing up certification questions, test tasks, creating a certification commission, monitoring its activities, providing material resources for certification, etc.

In accordance with clause 7 of part 1 of the commented article, the functions of a self-regulatory organization include ensuring information openness of the activities of SRO members and publishing information about their activities.

Ensuring information openness of the activities of SRO members presupposes the availability of citizens and legal entities who are not members of the SRO to information about the activities of SRO members. Meanwhile, in practice, the implementation of such a function can lead to law enforcement problems, which, in particular, consist in the fact that, based on the provisions of paragraph 7 of part 1 of the commented article, the SRO itself carries out information openness not about its activities, but about the activities of its members. At the same time, taking into account this wording of paragraph 7 of part 1 of the commented article, this refers not only to the activities of SRO members in the self-regulatory organization itself, but also, in fact, in their field of activity, in which restrictions may be established by federal legislation. So, for example, Art. 9 of the Federal Law “On Auditing Activities” regulates the issues of audit secrecy and stipulates that audit secrecy consists of any information and documents received and (or) compiled by the audit organization and its employees, as well as by the individual auditor and employees with whom they have concluded employment contracts, when provision of services provided for by this Law, with the exception of:

1) information disclosed by the person to whom the services provided for by this Law were provided, or with his consent;

2) information about the conclusion of an agreement on conducting a mandatory audit with the audited entity;

3) information on the amount of payment for audit services.

Accordingly, such activities, insofar as they relate to the specified information, cannot be subject to information openness.

Paragraph 7 of the commented article also establishes that the publication of information about the activities of SRO members is carried out in the manner established by the commented Law. This procedure is determined by Article 7 of the commented Law.

Also, for example, in accordance with Art. 55.9 of the Civil Code of the Russian Federation, SROs in the field of engineering surveys, architectural and construction design, construction, reconstruction, major repairs of capital construction projects, in order to provide access to information about their activities and the activities of their members, along with the information provided for by the commented Law, are obliged to post on their website in the following information and documents on the Internet:

– a list of types of work that affect the safety of capital construction projects and the resolution of issues regarding the issuance of a certificate of admission to which is referred by the general meeting of SRO members to the scope of activity of the self-regulatory organization.

As noted in paragraph 7 of part 1 of the commented article, the procedure for publishing information openness about the activities of SRO members is determined, among other things, by the internal documents of the self-regulatory organization. So, for example, in ch. 17 of the Charter of the self-regulatory organization “Non-profit partnership of designers of the Primorsky Territory” states that in order to provide access to information about its activities and the activities of its members, the partnership posts information on its website on the Internet:

– on the composition of its members;

– on the conditions, methods and procedure for ensuring the liability of partnership members to consumers of the goods (works, services) produced by them and other persons;

– about members who have terminated their membership in the partnership, and about the grounds for termination of their membership, as well as about business entities that have entered into the partnership;

– about the conditions of membership in the partnership;

– on the structure and competence of management bodies and specialized partnership bodies;

– on decisions made by the general meeting of partnership members and the permanent collegial governing body of the partnership;

– on cases of holding partnership members accountable for violating the requirements of the legislation of the Russian Federation in terms of carrying out business activities, standards and rules of partnership (if such information is available);

– about any claims and statements filed by the partnership in the courts;

– about certificates issued to members of the partnership or their employees based on the results of training, if the partnership carries out certification of employees of members of such a partnership;

– on the progress and results of the examination of the regulatory legal act, in which the partnership took part;

– on the results of inspections of the activities of partnership members carried out by the partnership;

– on the annual financial statements of the partnership and the results of its audit;

– other information provided for by federal laws and the partnership;

– name, address (location) and contact telephone numbers of the partnership, constituent and program documents of the partnership;

– name, address and contact telephone numbers of the supervisory authority for self-regulatory organizations;

– name, address (location) and contact telephone numbers of non-profit organizations of which the partnership is a member;

– a list of types of work that affect the safety of capital construction projects and the resolution of issues regarding the issuance of a certificate of admission to which is referred by the general meeting to the scope of the partnership;

– the size and procedure for the formation of the partnership’s compensation fund, a list of payments from the funds of this fund made for the obligations of its members;

– the amount of entrance and regular membership fees and the procedure for their payment;

– documents adopted by the general meeting of partnership members or the partnership council;

– composition of the partnership council.

The Partnership submits information to federal executive authorities in the manner established by the legislation of the Russian Federation.

The partnership has the right to disclose other information about its activities and the activities of its members in the manner established by the internal documents of the partnership, if such disclosure does not entail a violation of the procedure and conditions for access to information constituting a trade secret established by the partnership member, as well as the emergence of a conflict of interests between the partnership and the interests of its members and is determined by the partnership as a reasonable measure to improve the quality of activities and information openness of the partnership and its members.

Unless otherwise established by federal law, the partnership independently establishes methods for disclosing information, taking into account that the disclosed information should be available to the largest number of consumers of goods (works, services) produced by partnership members, as well as to shareholders, investors and creditors of partnership members.

The partnership must provide methods for obtaining, using, processing, storing and protecting information, the misuse of which by partnership employees may cause moral harm and (or) property damage to partnership members or create preconditions for causing such harm and (or) damage.

According to clause 8 of part 1 of the commented article, the SRO exercises control over the entrepreneurial and professional activities of its members. Let us immediately draw your attention to the fact that the Law under comment establishes two types of control:

1) state control (supervision) over the activities of SROs;

2) control by a self-regulatory organization over the entrepreneurial and professional activities of its members.

In the first case, such control is carried out by the relevant authorized state bodies, and in the second case - by the authorized bodies of the SRO and only insofar as it concerns compliance by its members with the requirements of rules and standards, as well as the conditions of membership in a self-regulatory organization. Meanwhile, the content of paragraph 8 of part 1 of the commented article expresses some contradiction, namely that control of entrepreneurial and professional activities is reduced only to ensuring, through such control, compliance with the requirements of the rules and standards of a self-regulatory organization and the conditions of membership in it. In this regard, the question arises of how to control the entrepreneurial and professional activities of SRO members while ensuring compliance with the requirements of the rules and standards of a self-regulatory organization and the conditions of membership in it. According to the authors, from the point of view of the federal legislator, it would be enough to indicate that the SRO exercises control over compliance by its members with the rules and standards of a self-regulatory organization, and the conditions of membership in such an organization.

Paragraph 9 of the commented article establishes the function of a self-regulatory organization to consider complaints against the actions of SRO members, as well as cases of violation by its members of the rules and standards of the self-regulatory organization, the conditions of membership in it. The procedure for considering such cases and complaints is established by Art. 10 of the commented Law. This function is directly related to the function of a self-regulatory organization to exercise control over the entrepreneurial and professional activities of such an organization in terms of compliance with the above requirements and conditions.

Based on clause 10, the self-regulatory organization maintains a register of members of the self-regulatory organization. Such a register should be maintained in order to ensure registration of all members of the self-regulatory organization and, in this regard, increase the efficiency of its activities, since this register contains the information necessary for this.

1. From the analysis of Part 2 of the commented article, it follows that those functions that are specified in Part 1 of the commented article are basic for all self-regulatory organizations, that is, they are mandatory for all self-regulatory organizations.

Meanwhile, Part 2 of the commented article provides that in addition to the main functions, the SRO has the right to perform other functions that are provided for:

– other federal laws;

- the charter of a non-profit organization.

So, for example, in accordance with Part 5 of Art. 17 of the Federal Law “On Auditing”, the SRO of auditors, along with the functions established by the commented Law, develops and approves auditing standards of a self-regulatory organization of auditors, adopts rules for the independence of auditors and audit organizations, the Code of Professional Ethics for Auditors, develops draft federal auditing standards, and participates in the development draft standards in the field of accounting and accounting (financial) reporting, organizes training for auditors under advanced training programs.

Also according to Art. 36 Federal Law “On Credit Cooperation” SRO of credit cooperatives also performs such functions as:

1) develops sample charters of credit cooperatives - members of SROs, sample forms of their internal regulatory documents, recommendations and other documents related to the activities of credit cooperatives;

2) maintains, in compliance with the requirements of the commented Law, a register of credit cooperatives - members of the SRO and provides access to the information contained in this register to interested parties in the manner established by the legislation of the Russian Federation and the charter of the self-regulatory organization.

Also, Part 2 of the commented article establishes that other functions may be provided for by the charter of a non-profit organization. And here, according to the authors, there is a certain inaccuracy on the part of the federal legislator, since in this wording the meaning of the provision of part 2 of the commented article comes down to the fact that the SRO has the right to perform other functions that are provided for by the charters of those non-profit organizations that are members of the SRO, since the wording of Part 2 of the commented article boils down to the fact that the charter, which provides for other functions, is the charter of a non-profit organization, and not a self-regulatory one. But, on the other hand, it seems that the federal legislator had SROs in mind, since the functions of non-profit organizations enshrined in their charters obviously apply only to those individuals who are members of non-profit organizations. But SRO according to Art. 3 of the commented Law, this is also a non-profit organization, therefore, nevertheless, the federal legislator, when defining this wording of Part 2 of the commented article, had in mind the charters of self-regulatory organizations themselves.

1. Part 3 of the commented article establishes the rights of a self-regulatory organization.

Previously, before amendments were made to the commented Law, Federal Law No. 148-FZ of July 22, 2008 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” included the rights of a self-regulatory organization to exercise control over the business and professional activities of its members in terms of their compliance with the requirements of the standards and rules of the self-regulatory organization. Currently, such a right is a function of a self-regulatory organization.

The first such measure of possible behavior (right) is the ability to challenge:

- solutions;

– actions (inaction).

All these above objects of contestation come from:

– government bodies of the Russian Federation;

– government bodies of the constituent entities of the Russian Federation;

– local government bodies.

At the same time, let us draw attention to the fact that Part 3 of the commented article provides that the SRO can challenge acts, decisions, actions (inaction) on its own behalf, that is, only when such acts, decisions, actions (inaction) relate to the rights and legitimate interests of the self-regulatory organization itself, and not its members. If the above-mentioned objects for challenge affect the rights and legitimate interests of SRO members, they can apply to the relevant authorities independently and on their own behalf.

The acts of the above bodies should be understood as documents that contain provisions of both a normative and non-normative nature and are official, that is, subject to official publication. Decisions are also documents, but unlike acts, these documents are issued on specific cases (facts), for example, upon an application for the issuance of a document (permit, copy of an act, certificate, etc.), clarification of a question. And actions (inaction) are acts of active (passive) activity of the above bodies, which, as a rule, are not formalized in the form of any acts or decisions.

Please note that clause 2, part 3 of the commented article contains the conjunction “and” (“or”), which means that the SRO has the right to challenge both decisions and actions (inaction) or only decisions or actions (inaction).

The procedure for going to court to challenge the above-mentioned objects of challenge is provided for in Chapter. 23 Code of Civil Procedure of the Russian Federation. This chapter classifies cases of such challenges as cases arising from public legal relations, in relation to which it states that the court begins to consider a case arising from public legal relations on the basis of an application from an interested person.

The application must indicate which decisions, actions (inaction) should be recognized as illegal, what rights and freedoms of the person are violated by these decisions, actions (inaction).

An appeal by an interested person to a higher authority or official is not a prerequisite for filing an application with the court. If, when filing an application with the court, it is established that there is a dispute about the law within the jurisdiction of the court, the judge leaves the application without progress and explains to the applicant the need to file a statement of claim in compliance with the requirements established by the Code of Civil Procedure of the Russian Federation.

The judge refuses to accept the application or terminates the proceedings on the case arising from public legal relations if there is a court decision made on the application on the same subject and which has entered into legal force. Proceedings on the protection of electoral rights and the right to participate in a referendum of citizens of the Russian Federation may be terminated on the grounds provided for by federal legislation.

The responsibility for proving the circumstances that served as the basis for the adoption of a normative legal act, its legality, as well as the legality of contested decisions, actions (inactions) of state authorities, local governments, officials, state and municipal employees are assigned to the body that adopted the normative legal act, bodies and persons who made the contested decisions or committed the contested actions (inaction).

When considering and resolving cases arising from public legal relations, the court may request evidence on its own initiative in order to properly resolve the case. Officials who do not comply with court requests to provide evidence are subject to a fine of up to one thousand rubles.

After a court decision in a case arising from public legal relations enters into legal force, the persons participating in the case, as well as other persons, cannot make the same demands in court and on the same grounds.

Clause 2, part 3 of the commented article determines that acts, decisions and (or) actions (inaction) that violate the rights and legitimate interests can be challenged:

– self-regulatory organization;

– member of a self-regulatory organization;

– members of a self-regulatory organization.

Violation of rights and legitimate interests should be understood as:

– creating obstacles to the realization by a self-regulatory organization, its member(s) of rights and legitimate interests;

– failure to fulfill the duties established by federal legislation by the above-mentioned state authorities and local governments, which led to such a violation.

Let us draw attention to the fact that clause 2, part 3 of the commented article contains a fairly obvious contradiction, namely that a self-regulatory organization is given the right to challenge the above acts, decisions, actions (inactions) on its own behalf, but at the same time such acts, decisions, action (inaction) may violate the rights and legitimate interests of its member(s). A rather complex question arises about the mechanism of such a challenge, since in this case the representative of the self-regulatory organization will actually represent the interests not of the self-regulatory organization, but of its specific member or specific members, and this will contradict paragraph 2 of part 3 of the commented article. According to the authors, this is a very serious mistake of the federal legislator, which in practice leads to the impossibility of implementing this provision of the commented article without violating the federal legislator.

In addition, if, for example, an individual entrepreneur is a member of the SRO, then in case of violation of his rights and legitimate interests when appealing to the court, it will be possible to be guided by the Law of the Russian Federation of April 27, 1993 N 4866-1 “On appealing to the court of actions and decisions that violate rights and freedoms of citizens”, according to which every citizen has the right to file a complaint with the court if he believes that his rights and freedoms have been violated by unlawful actions (decisions) of state bodies, local governments or officials, civil servants. Therefore, in this part, the paragraph under consideration requires, in the opinion of the authors, revision.

Acts, decisions, actions (inactions) that create a threat of violation of the rights and legitimate interests of a self-regulatory organization or its member(s) are also subject to appeal. Creating a threat should be understood as defining in acts and decisions such facts that, when implemented, may lead to a violation of the rights and legitimate interests of a self-regulatory organization, its member or members, as well as the presence of similar facts in actions (inaction).

In addition, the authors consider it necessary to draw attention to the fact that clause 2, part 3 of the commented article determines that the SRO has the right to challenge any acts, decisions, actions (inactions). This means that regardless of the content of these acts, decisions, actions (inactions), and also regardless of the entities to which they apply, the SRO has the right to challenge them. Moreover, clause 2, part 3 of the commented article contains precisely such a term as “challenge,” that is, the SRO has the right not only to file a complaint against acts, decisions, actions (inaction), but also then to participate in the consideration of these complaints. But, on the other hand, this provision of paragraph 2 of part 3 of the commented article is redundant, since this right follows from the general provisions of civil procedural legislation.

The next right of a self-regulatory organization is its right to participate in the discussion:

1) draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation.

2) state programs on issues related to the subject of self-regulation

As noted by V.N. Lisitsa, since the state, in order to carry out an effective and coordinated socio-economic policy with private business and develop the so-called public-private partnership, is in great need of organizations that could represent the interests of business or professional entities, express their agreed position and participate in implementation of various types of business projects<10>, the commented Law enshrined this right of self-regulatory organizations.

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<10>Lisitsa V.N. On the issue of creating self-regulatory organizations // Accounting in budgetary and non-profit organizations. 2008. N 19.

A federal law must be understood as a normative legal act that contains provisions that have supreme legal force in relation to other normative legal acts and is adopted in a special manner. The laws of the constituent entities of the Russian Federation should be understood as the regulatory legal acts of the constituent entities of the Russian Federation, which are adopted in the prescribed manner and have the highest legal force in relation to other regulatory legal acts of the constituent entities of the Russian Federation. Other normative legal acts must be understood as by-laws that have a normative nature, which contain provisions that have legal force, which must comply with normative legal acts that have the highest legal force (legislative acts). In accordance with paragraph 3 of part 3 of the commented article, such regulatory legal acts are divided into:

1) regulatory legal acts of the Russian Federation - adopted at the level of the Russian Federation and extending to its entire territory;

2) regulatory legal acts of the constituent entities of the Russian Federation - adopted at the level of the constituent entities of the Russian Federation and extending to the territory only of the constituent entity of the Russian Federation that adopted these regulatory legal acts.

A self-regulatory organization, in accordance with clause 3, part 3 of the commented article, is also given the right to participate in the discussion of government programs on issues related to the subject of self-regulation. In this regard, the decision of the federal legislator to allocate state programs into a separate category of documents, in the discussion of which SROs have the right to participate, seems unclear. The programs, since they are state-owned, are approved either at the federal level or at the level of a constituent entity of the Russian Federation by relevant regulations. For example, at the federal level there is a Federal Target Program “Housing” for 2011 – 2015, approved by Decree of the Government of the Russian Federation of December 17, 2010 N 1050.

The question arises of how SROs will participate in the discussion of the draft federal law and the laws of the constituent entities of the Russian Federation and other regulatory legal acts. In accordance with the Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation, adopted by Resolution of the State Duma of the Federal Assembly of the Russian Federation of January 22, 1998 N 2134-II GD, the Chairman of the State Duma sends the registered bill and materials to it to the relevant committee, which determines the compliance of the bill with the requirements of Art. 104 of the Constitution of the Russian Federation. If, in the opinion of the relevant committee, the bill prepared for submission to the State Duma meets the requirements of Art. 104 of the Constitution of the Russian Federation, the Council of the State Duma, at the proposal of the relevant committee, makes the following decision:

– appoint one of the State Duma committees responsible for the bill;

– include the bill in the approximate program of legislative work of the State Duma for the current or next session;

– send the bill and materials thereto to committees, commissions and factions, the President of the Russian Federation, the Federation Council, the Government of the Russian Federation, the Accounts Chamber of the Russian Federation, the Public Chamber, as well as to the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on issues their management for the preparation and submission of reviews, suggestions and comments.

Also, in accordance with these Regulations, discussion of the bill in the committees of the State Duma takes place openly, with the invitation of a representative of the subject of legislative initiative who introduced the bill, and can be covered in the media. Deputies of the State Duma who are not members of the responsible committee, members of the Federation Council, the plenipotentiary representative of the President of the Russian Federation in the State Duma, the plenipotentiary representative of the Government of the Russian Federation in the State Duma, representatives of legislative (representative) bodies of the constituent entities of the Russian Federation, as well as representatives of state bodies and other organizations in which the bill was sent for giving feedback, suggestions and comments, has the right to be present with the right of an advisory vote at meetings of the responsible committee when discussing the bill.

Thus, taking into account the provisions of the specified Rules of Procedure of the State Duma of the Federal Assembly of the Russian Federation, they can take part in the discussion of the draft federal law in the committees of the State Duma of the Federal Assembly of the Russian Federation.

As for other regulatory legal acts, in particular, in accordance with Art. 23 of the Federal Constitutional Law of December 17, 1997 N 2-FKZ “On the Government of the Russian Federation”, acts of a normative nature are issued in the form of resolutions of the Government of the Russian Federation. The procedure for adoption, including such acts, is determined by the Regulations of the Government of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 1, 2004 N 260. Taking into account the provisions of these Regulations, the participation of self-regulatory organizations in the discussion of regulatory legal acts of the Government of the Russian Federation may appear when agreeing on drafts of such acts, since in accordance with paragraph 57 of these Regulations, draft acts of the Government, before they are submitted to the Government, are subject to mandatory coordination with the heads (their deputies) of federal executive bodies, the activities of which are managed by the President of the Russian Federation or the Government (no more than with the heads of 3 bodies), to whose field of activity mainly relates to the issues contained in these projects.

If necessary, by decision of the head of the federal executive body submitting the draft, as well as the Chairman of the Government or Deputy Prime Ministers, draft acts of the Government, before their submission to the Government, may be sent to other interested federal executive bodies and organizations, with the heads (their deputies) not required mandatory approval of the project.

Paragraph 3 of Part 3 of the commented article also provides for the right of a self-regulatory organization to send to government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, and local government bodies conclusions based on the results of independent examinations of draft regulatory legal acts. Regarding the conduct of such independent examinations, it should be noted that at present only independent anti-corruption examinations are “subjected” to legal regulation. Thus, according to clauses 4 and 5 of the Rules for conducting anti-corruption examination of normative legal acts and draft normative legal acts, approved by Decree of the Government of the Russian Federation of February 26, 2010 N 96, independent anti-corruption examination is carried out by legal entities and individuals accredited by the Ministry of Justice of the Russian Federation as experts in conducting an independent anti-corruption examination of normative legal acts and draft normative legal acts, in accordance with the methodology for conducting anti-corruption examination of normative legal acts and draft normative legal acts, approved by Decree of the Government of the Russian Federation of February 26, 2010 N 96. In order to ensure the possibility conducting an independent anti-corruption examination of draft federal laws, draft decrees of the President of the Russian Federation, draft resolutions of the Government of the Russian Federation, federal executive bodies, other state bodies and organizations - developers of draft normative legal acts during the working day corresponding to the day of sending these projects for approval to government bodies and organizations , post these projects on the website regulation.gov.ru on the Internet information and telecommunications network, created to post information on the preparation by federal executive authorities of draft regulatory legal acts and the results of their public discussion, indicating the start and end dates for accepting conclusions based on the results of an independent anti-corruption examination. Thus, taking into account the provisions of federal legislation, if persons are not independent experts in the anti-corruption examination of draft regulatory legal acts, they are deprived of the opportunity to conduct such an independent anti-corruption examination.

In accordance with paragraph 4 of the commented article, a self-regulatory organization is given the right to submit its proposals on the formation and implementation of state policy in the field of activity of a self-regulatory organization to the state authorities of the Russian Federation and the state authorities of the constituent entities of the Russian Federation. As a rule, the basis for the formation of state policy is reflected in federal legislation. So, for example, in accordance with Art. 3 of the Federal Law of July 27, 2010 N 190-FZ “On Heat Supply” (hereinafter referred to as the Federal Law “On Heat Supply”), the general principles for organizing relations in the field of heat supply are:

– ensuring the reliability of heat supply in accordance with the requirements of technical regulations;

– ensuring energy efficiency of heat supply and consumption of heat energy, taking into account the requirements established by federal laws;

– ensuring priority use of combined generation of electrical and thermal energy for organizing heat supply;

– development of centralized heat supply systems;

– maintaining a balance between the economic interests of heat supply organizations and the interests of consumers;

– ensuring economically justified profitability of the current activities of heat supply organizations and invested capital used in the implementation of regulated activities in the field of heat supply;

– ensuring non-discriminatory and stable conditions for carrying out business activities in the field of heat supply;

– ensuring environmental safety of heat supply.

State policy in the field of heat supply is aimed at ensuring compliance with the general principles of organizing relations in the field of heat supply

Thus, in particular, in the field of heat supply, they can send their proposals to the specified bodies, taking into account these principles.

Clause 4, part 3 of the commented article provides that the SRO has the right to make proposals. However, it is not determined in what form these proposals should be made. It seems that the most correct way to make such proposals would be a letter issued by a self-regulatory organization, which contains proposals on the formation and implementation of state policy in the field of activity within which the SRO was created. In this case, the formation of public policy should be understood as activities aimed at determining the main directions of legal regulation and organization of activities in a certain area of ​​business and professional activity. Accordingly, the implementation of such state policy should be understood as a set of actions of government bodies aimed at implementing those main directions of legal regulation and organization of activities in a certain field of activity.

In addition, clause 4, part 3 of the commented article also provides that the SRO has the right to send proposals to local government bodies on the formation and implementation by these bodies of the policies they implement. In this case, we mean proposals that will relate exclusively to the specifics of the formation and implementation on the territory of a specific municipality by the relevant local government bodies of policies in the area of ​​business or professional activity within which a specific SRO operates.

In accordance with paragraph 5 of Part 3 of the commented article, a self-regulatory organization is given the right to request from government bodies of the Russian Federation and constituent entities of the Russian Federation, local governments, information that is necessary for the self-regulatory organization to perform the functions assigned to it in accordance with the law. For example, behind the self-regulatory organization of appraisers Art. 22.1 of the Federal Law “On Valuation Activities in the Russian Federation” is entrusted with the function of organizing information and methodological support for its members. In particular, to carry out this function, a self-regulatory organization of appraisers may need information from government bodies of the Russian Federation and constituent entities of the Russian Federation, local governments. The procedure for requesting and issuing such necessary information is determined by federal legislation. So, according to Art. 19 of the Federal Law of February 9, 2009 N 8-FZ “On ensuring access to information on the activities of state bodies and local self-government bodies” information on the activities of state bodies and local self-government bodies upon request is provided in the form of a response to a request that contains or to which the requested information is attached or which contains a reasoned refusal to provide the specified information. The response to the request shall indicate the name, postal address of the state body or local government body, the position of the person who signed the response, as well as details of the response to the request (registration number and date).

When responding to a request, the state language of the Russian Federation is used. The use of the state language of that republic when responding to a request received by a state body or local government body of a republic within the Russian Federation is determined by the legislation of that republic. The possibility of using other languages ​​of the peoples of the Russian Federation when responding to a request received by a state body of a constituent entity of the Russian Federation or a local government body is determined by the legislation of the constituent entity of the Russian Federation. When requesting information about the activities of state bodies and local self-government bodies, published in the media or posted on the Internet, in response to the request, the state body, local government body may limit itself to indicating the name, release date and number of the media outlet in which the requested information was published information, and (or) email address of the official website on which the requested information is posted.

Information about the activities of state bodies and local self-government bodies is not provided if:

– the request does not indicate a postal address, email address or fax number for sending a response to the request or a telephone number at which the information user who sent the request can be contacted;

– the requested information does not relate to the activities of the state body or local government body to which the request was received;

– the requested information relates to restricted access information;

– the requested information has previously been provided to the information user;

– the request raises the question of the legal assessment of acts adopted by a state body, local government body, analysis of the activities of a state body, its territorial bodies, local government body or subordinate organizations, or carrying out other analytical work not directly related to the protection of the rights of the information user who sent the request .

The information user is provided with free information about the activities of state bodies and local governments:

– transmitted orally;

– posted by a state body, local government body on the Internet, as well as in places designated for posting information about the activities of state bodies and local government bodies;

– affecting the rights and obligations of the interested user of information established by the legislation of the Russian Federation;

– other information established by law on the activities of state bodies and local self-government bodies, as well as other information established by municipal legal acts on the activities of local self-government bodies.

1. Part 4 of the commented article presupposes that a self-regulatory organization has rights other than those enshrined in Part 3 of the commented article. For example, the Federal Law “On Insolvency (Bankruptcy)” stipulates that SROs of arbitration managers have the right to:

– file claims for the protection of the rights and legitimate interests of arbitration managers - members of the SRO, including the recovery of damage caused by the arbitration manager by state authorities of the Russian Federation, state authorities of constituent entities of the Russian Federation, local government bodies, as well as other persons;

– submit petitions to the arbitration court for the removal or release from participation in the bankruptcy case of members of the SRO in cases provided for by this Law;

– appeal judicial acts on the approval, removal or release of insolvency practitioners - members of the SRO, as well as judicial acts affecting the rights, obligations or legitimate interests of a self-regulatory organization during procedures applied in a bankruptcy case;

– carry out accreditation of insurance organizations, appraisers, professional participants in the securities market engaged in maintaining the register of securities owners, operators of electronic platforms, organizers of auctions for the sale of the debtor’s property, as well as other persons involved by the arbitration manager to ensure the fulfillment of the duties assigned to him in bankruptcy case at the expense of the debtor.

Thus, in particular, the SRO of insolvency practitioners, in addition to those rights that are defined in Part 3 of the commented article, also has other rights.

However, Part 4 of the commented article provides for a reservation regarding the existence of other rights of a self-regulatory organization, in addition to those enshrined in Part 3 of the commented article, which consists in the fact that these rights may exist if their restriction is not provided for by federal laws or the constituent documents of the self-regulatory organization . Such a restriction may consist, in particular, in the fact that the SRO is obliged to carry out certain actions in a certain way, but at the same time it cannot perform actions established by federal law, or the federal law may provide for a direct prohibition on the exercise of any rights. For example, part 9 of Art. 17 of the Federal Law “On Auditing Activities” provides that an SRO of auditors cannot be a member of another self-regulatory organization of auditors.

In particular, according to the Charter of the non-profit partnership “Self-regulatory organization “Union of Builders of the Moscow Region “Mosoblstroykompleks””, this self-regulatory organization has the right:

– represent the interests of partnership members in their relations with government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, and local government bodies;

– participate in the development and implementation of federal, regional and local programs and projects for socio-economic development, investment projects;

– participate in commissions for placing orders for the supply of goods, performance of work, provision of services for state and municipal needs for construction, reconstruction, major repairs, to promote their maximum efficiency and transparency;

– request information from government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation and local self-government bodies and receive from these bodies the information necessary for the partnership to perform the functions assigned to it by federal laws, in the manner prescribed by federal laws;

– establish arbitration courts to resolve disputes arising between members of the partnership, as well as between them and consumers of goods (works, services) produced by members of the partnership, and other persons in accordance with the legislation on arbitration courts;

– develop programs, plans for training, retraining, advanced training and certification of specialists in the field of construction, reconstruction, major repairs of capital construction projects, as well as other documents aimed at achieving the goals of the partnership;

– assist in organizing professional training, certification, retraining of employees of partnership members and (or) certification of goods (works, services) produced by partnership members;

– support and stimulate the innovative activity of partnership members, promote the implementation of the latest achievements of science and technology, domestic and world experience in the field of construction, reconstruction, and major repairs of capital construction projects;

– participate in competitions, exhibitions, conferences, meetings, seminars, forums and other events aimed at stimulating partnership members to increase the reliability and efficiency of their activities and improve the quality of the goods (works, services) they produce, disseminate best experience in the field of construction, reconstruction, major repairs of capital construction projects;

– produce printed materials aimed at increasing public awareness of the activities of the partnership and its members, as well as the latest achievements and trends in the field of construction, reconstruction, and major repairs;

– exercise control over the activities of its members in terms of their compliance with the requirements for issuing certificates of admission, the requirements of partnership standards and the rules of self-regulation in the manner established by the rules of control in the field of self-regulation. The Partnership also has the right to monitor the activities of its members in terms of their compliance with the requirements of technical regulations during the construction, reconstruction, and major repairs of capital construction projects;

– the partnership, along with the rights specified in clause 2.3 of this Charter, has other rights, unless they are limited by the legislation of the Russian Federation and this Charter.

1. The norm provided for in Part 5 of the commented article is imperative in its content, since it establishes the obligation of a self-regulatory organization to carry out certain functions established by Part 3 of the commented article, for example, such as developing and establishing conditions for membership of business and professional entities in a self-regulatory organization, application disciplinary measures.

Meanwhile, the question arises why the federal legislator determined the obligation of a self-regulatory organization to perform only certain functions of those enshrined in Part 1 of the commented article, and not all, since from Part 2 of the commented article it follows that the functions of the self-regulatory organization enshrined in Part 1 of the commented article are fundamental for a self-regulatory organization. And this, in turn, determines that all these functions are mandatory for a self-regulatory organization to perform.

1. Part 6 of the commented article establishes a prohibition for a self-regulatory organization to carry out activities and take actions that entail a conflict of interests of the self-regulatory organization, the interests of SRO members or create a threat of such a conflict.

Activity should be understood as a certain set of constant sequential actions, which in this case entail the emergence of a conflict of interests or create the threat of such a conflict. An action is understood as a one-time measure of active behavior that entails the emergence of a conflict of interest or creates the threat of such a conflict.

At the same time, only those actions and activities that entail the emergence of a conflict of interest or create a threat of such a conflict fall under the regulation of Part 6 of the commented article. This means that the content of these actions and activities is such that they give rise to certain contradictions in the actions of SRO members, as well as disagreements in the positions and views of SRO members. At the same time, these contradictions and disagreements are such that the interests of the self-regulatory organization and the interests of the SRO members become contradictory to each other and, accordingly, can lead to negative consequences for both the self-regulatory organization and its members.

For several years in a row, there have been rumors in the construction community that the system of self-regulation as we know it will soon come to an end. That the heads of self-regulatory organizations are about to roll (and with them the collected money of builders will fly in an unknown direction). And that everything is about to become completely different. Now it is clear that it was in 2017 that these rumors really became reality. At […]

On December 1, 2007, Federal Law No. 315 “On Self-Regulatory Organizations” (SRO) was adopted, which gave impetus to the self-organization of business entities in many sectors of the economy.

The main purpose of the adoption of this regulatory document is to limit the influence of the state/officials (they stopped issuing licenses to carry out any activities) on the activities of business structures, shift to the SRO the responsibility to monitor the integrity of the behavior of participants in the specialized market, the quality of their products (goods, services).

Cost of SRO admission

SRO and SRO Permit

SRO approval in Moscow can be obtained from a self-regulatory organization, the data of which is in the Rostechnadzor database. Previously, SRO approval was called a “license to carry out work” and was issued by a government agency. It is necessary to obtain SRO approval only for types of activities that are defined by current legislation (they are listed above).

To obtain SRO approval, all companies must become a member of a self-regulatory organization, which is allowed by regulatory documents to carry out such activities.

The list of necessary numerous documentation that must be submitted in order to become a member of the SRO is determined by current legislation. However, the governing bodies of the SRO can independently determine additional documents that must be provided for membership in a particular SRO. Thus, some construction SROs require that applicants provide documentation of completed projects and customer reviews of the work of the applicant company’s employees.

Strict requirements are imposed not only on documentation, but also on the professional qualities of the employees of the applicant company. All company employees are required to have a level of competence that allows them to carry out professional activities without compromising safety, strictly in accordance with current government rules and standards.

Such strict rules for admission to SRO membership are not a whim of the management of a self-regulating company, but a requirement of the current legislation. Moreover, the SRO bears full legal responsibility for the activities of each of its members: participants in a non-profit partnership are jointly and severally responsible for each other’s activities.

A company whose work receives complaints from customers may be deprived of SRO access, which automatically leads to the fact that the company will not be able to work in this area. It will be almost impossible to become a member of another specialized SRO.

As a rule, an SRO permit does not have a validity period; an enterprise will have the right to engage in a specific type of business activity as long as it is a member of a specialized SRO.

Considering the complexity of completing the mandatory procedure for membership in an SRO, it would be correct to entrust the provision of a package of documents to professional lawyers who have successful experience in passing this process.

SRO register

For each type of activity, a register (list) of SROs and all members of each self-regulatory organization is compiled. Before hiring a company whose type of activity must be a member of an SRO, you can view information about it in the profile register. If such a company is not listed in the SRO register, then it does not have the right to engage in this type of work.

SRO membership

Types of activities for which membership in an SRO is mandatory: Auditing; Architectural and construction design; Credit cooperation; Heat supply; Engineering survey; Work of arbitration managers (carrying out bankruptcy of legal entities and individuals); Valuation activities; Activities in the field of energy survey; Work of audit unions of agricultural cooperatives; Construction.

Types of activities in which membership in an SRO is voluntary:

• Professional provision of services in the securities market;
• Operation of non-state pension funds;
• Carrying out advertising business;
• Functioning of patent attorneys;
• Functioning of housing savings cooperatives;
• Functioning of microfinance organizations;
• Mediation activities to resolve disputes.

Membership fees

To become an equal member of a self-regulatory organization and obtain SRO approval, you must fulfill one more indispensable condition - pay the membership fee. The legislator determined the amount of contribution for surveyors and designers in construction - 500 thousand rubles. However, when an enterprise has a civil liability insurance contract for the results of its activities, then the contribution amount is reduced to 150 thousand rubles.

For construction organizations, the amount of the membership fee is 1 million rubles, and if there is an insurance contract, the amount is reduced to 300 thousand rubles.

SRO approval for engineering surveys can be obtained not only by “reputable” enterprises, but also by individual entrepreneurs who have a specialized education and relevant work experience. They are required to undergo a special training program for a specific SRO and successfully pass exams.

To obtain SRO approval for architectural and design work, company employees are required to confirm their qualifications. All SRO permits clearly indicate the list of works that the organization is allowed to carry out. This may be one or more types of work that employees of the enterprise are able to professionally perform.

Construction companies with SRO approval can take part in various tenders and compete for government orders.

Why are self-regulatory organizations needed in construction?

In the summer of 2008, Federal Law No. 148 “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” came into force, which changed the norms and standards in the construction industry.

Based on this legislative act, all organizations wishing to work in the construction business (construct objects, carry out architectural and construction design, engage in reconstruction, etc.) are required to be members of some self-regulatory organization.

Art. 55.1 of the Urban Planning Code: “The content of the activities of a self-regulatory organization is the development and approval of documents provided for in Article 55.5 of this Code, as well as monitoring compliance by members of the self-regulatory organization with the requirements of these documents.”

Based on the current legislation, self-regulatory organizations of the construction industry are organized into National Associations of SROs in specialized areas:

• National Association of Builders;
• National Association of Designers;
• National Association of Prospectors.

On July 13, 2015, Federal Law No. 223 “On self-regulatory organizations in the financial market and on amendments to Articles 2 and 3 of the Federal Law “on amendments to certain legislative acts of the Russian Federation” was adopted. This legislative act more clearly regulates the activities of financial organizations in the field of microcredit, which is widely used by Russian citizens.

Functions of SRO

Rights of a self-regulatory organization in all sectors of the economy:

• Appeals actions, inactions and regulatory documents issued by federal and regional authorities, local governments, if their decisions violate the rights and legitimate interests of the SRO or its individual participants;
• Creates arbitration courts that consider disputes between members of the SRO, on the basis of regulatory legal acts on arbitration courts;
• Apply disciplinary measures to members of the organization for actions that violate regulatory documents of state and municipal authorities, rules and standards of SROs.

Responsibilities of self-regulatory organizations

• Based on the norms of current Russian legislation, develop and adopt normative documents that regulate admission to SRO membership and rules of conduct for members of the organization;
• A self-regulatory organization must ensure unhindered access to information about its activities and the functioning of its members, to the list of work permits for all members of the community;
• Organizes professional training and certification of employees of SRO members;
• Certifies products (goods, services) produced by members of a self-regulatory organization;
• Monitors the activities of all members of the SRO in terms of its compliance with the rules and standards of regulatory documents of all state and municipal bodies and the standards of the organization;
• Considers complaints about the actions of SRO members that entailed a violation of regulatory documents of the Russian Federation or the rules and standards of a self-regulatory organization.

Decisions of any self-regulatory organization or its governing body can be appealed in accordance with the norms of current legislation. This right is written in Article 11 of the Federal Law “On Self-Regulatory Organizations”.

How to choose the right SRO

Initially, we assume that this article is being written not for fly-by-night companies, but for entrepreneurs who will work on the basis of the norms of current legislation.

What facts should you pay attention to first:

• First of all, pay attention to the “age” of the SRO. If the company was registered recently, it is better to look for another SRO;
• On the composition of SRO participants. Go to the state register and check out the composition of SRO participants. If the register contains mainly LLCs and individual entrepreneurs, but there are absolutely no “big players” in your industry, you can safely look for another self-regulatory company;
• Read reviews about the proposed SRO. As a rule, entrepreneurs who are members of an SRO may not write a positive review about the work of the administration, but if the activities of the SRO management cause dissatisfaction, then they will definitely leave an “opinion” on the Internet. And clients of SRO participants are not lazy to leave feedback on the work of specialists;
• Please pay attention to the requirements of the SRO management for new participants. As a rule, “dishonest” self-regulatory companies impose “lightweight” requirements on new participants: the amounts of contributions are set lower than those provided for by law, they require a minimum of documentation and it is checked formally, there is no verification of the qualifications of the specialists of the applicant company, they passionately talk about the merits of their SRO, etc. .P.;
• Look at how the SRO website is designed. If the Internet resource is poorly designed, you don’t have to go to the company’s office to meet its management. Reputable companies do not skimp on the design of the “showcase” - the face of the company. And it is right!

Don’t be lazy to collect information about the activities of the administration of a self-regulating company. SRO participants are jointly responsible for the activities of the SRO. If you become a member of an SRO, in which the company’s management thinks only about personal well-being, then you will not see quiet work, “like your ears.”

Many law firms specialize in providing quality services for joining an SRO. They monitor the entire database, regularly monitor incoming information on the activities of various self-regulatory companies in numerous sectors of the economy (there are about 20), where membership in an SRO is mandatory. And depending on the wishes of the client (potential SRO participant), they offer reliable information about the activities of SROs in various regions of Russia.