In an economic sense, under self-regulation economic activity is understood as a legitimate business combination for the purpose of developing business rules and monitoring their compliance. As an indicator of the social significance of self-regulatory organizations (SROs), their performance of the functions of reviewing complaints from outsiders and out-of-court dispute resolution is taken.

Regulation, as it is understood in the world, consists of three parts. First, it is regulation by laws. Secondly, the area of ​​activity related to the competence of self-regulatory organizations, including business practices, codes of corporate conduct, etc. And thirdly, this is the area in which operational regulation is carried out by the body executive power. If we compare the regulatory systems in developed markets and in Russia, the picture is as follows.

Our laws are not yet as detailed as we would like, which means that they do not clearly enough describe the functioning of the market. We have practically no self-regulation, although some business practices over 10 years of development market economy partly formed. Therefore, the entire field of regulation today in all industries professional activity we are occupied by executive authorities. We have come to the conclusion that today the supervisory functions of all state bodies coincide or are combined with regulatory functions, i.e. constitutive. Thus, there is a conflict of interest, which everyone is talking about today. It is impossible to combine the legal and supervisory functions in one body. Throughout the world, areas of activity that are difficult to regulate "from above" are left to the mercy of self-regulation, except in cases where it concerns national security issues, emergencies, and so on. For example, one of the forms of regulation, which can be defined as the function of the state commissioner on the stock exchange, is necessary in a situation of instability in the organized market. That is, when the market goes beyond the given parameters, then the supervisory state stops trading. It turns out that under special circumstances, which are described in the law, special rights arise for government agency. This is the liberal model of regulation that is used in many countries.

Trying to improve the legislation on financial markets in parts, by separate amendments, we are faced with the problem of the lack of a common understanding of what regulation in financial markets is as such.

There is different terminology in the texts of different laws. The existing departmental approach to the regulation of financial markets creates an obstacle to their development. Our markets do not exist as a single, whole financial market co special sections- mortgage, leasing, securities etc., but as a set of segments extremely disparate in terms of terminology, principles, and rules. For example, for some reason Gosstroy is responsible for the development of mortgages in Russia, so all the terminology in the mortgage sector is, to put it mildly, unprofessional. At best, these are translations of elements of Western models of mortgage regulation. For some reason, they only talk about housing mortgages, which should stimulate housing construction. This is true, but this is a secondary goal. A mortgage can include not only housing, but also any other real estate, including land. Gosstroy, "dealing with" mortgages, distorted this concept.

Today, the business community, united in all kinds of associations for professional sign- appraisers, auditors, etc., exists on the basis of the law on non-profit organizations, i.e. on the same right as, for example, a society of amateur fishermen exists. I would venture to suggest that for the purposes economic development it cannot be the same right.

First, non-profit organizations are voluntary associations, and membership in self-regulatory organizations in some cases it is obligatory, for example for notaries. Secondly, non-profit organizations can have the right to set standards of conduct for their members only if the members have delegated this right to the organization itself. But as they delegated it, they can take it away. For this reason, today we are writing in the draft law on SROs for those organizations that will receive the status of self-regulating.

Self-regulatory organizations should participate in the formation regulatory framework, that is, to be really qualified opponents of the executive power, because, it must be admitted, today the government regulates the market in the way it seems right to it. And the main reason why we do not have an administrative reform is that the executive branch is trying to reduce its own powers, acting from within the system, which is practically impossible.

In a number of countries, national chambers of commerce are also self-regulatory organizations representing business communities, including those that are built on a professional basis. Their representatives participate in the meetings of the governments of their countries, and the bill cannot be sent to Parliament for adoption if it has not passed through the national chamber of commerce.

In our country, trade unions and their representatives take part in meetings of the Government of the Russian Federation, but representatives of the business community, highly professionalized segments of the market are rarely invited there. In this regard, the adoption of the law on SROs is the most important at the current stage of administrative reform. If the first step is reduction in the number of licensed activities and revision of the powers of the authorities, then the second stage - this is the empowerment of institutions of professional public regulation with special rights, rights that are not identical to the rights of executive authorities, but still constitute a significant element of the regulatory system entrepreneurial activity. That is, the creation of self-regulatory organizations is actually the creation of institutions that, opposing the authorities, will optimize and detail regulation.

Federal Law No. 315-FZ of December 1, 2007 (as amended on November 24, 2014) "On Self-Regulatory Organizations"

Self-regulation is understood as independent and initiative activity, which is carried out by subjects of entrepreneurial or professional activity and the content of which is the development and establishment of standards and rules for this activity, as well as control over compliance with the requirements of these standards and rules.

2. Self-regulation in accordance with this Federal Law is carried out on the terms of association of subjects of entrepreneurial or professional activity into self-regulatory organizations.

Thus, the main idea of ​​introducing self-regulation is to distribute the functions of control and supervision over the activities of entities in a certain professional area and responsibility for their actions between the state and the market participants themselves, which in the future makes it possible to minimize the participation of the state in the professional activities of subjects, while maintaining the responsibility of business to consumers.

In addition, self-regulation plays an important role in improving the quality and safety of services and products, as self-regulatory organizations (SROs), in order to increase the competitiveness of their members, may establish their own quality and safety standards.

The sources of formation of the property of a self-regulatory organization are:

• regular and one-time receipts from members of the self-regulatory organization (entry, membership and target fees);
• voluntary property contributions and donations;
• income from the provision of services for the provision of information, the disclosure of which may be carried out on a paid basis;
• income from rendering educational services related to entrepreneurial activity, commercial or professional interests of members of a self-regulatory organization;
• income from the sale of information materials related to entrepreneurial activities, commercial or professional interests of members of a self-regulatory organization;
• income received from placement Money on bank deposits;
• other sources not prohibited by law.

1. Self-regulatory organizations recognized as non-profit organizations established for the purposes provided for by this Federal Law and other federal laws, based on membership, uniting business entities based on the unity of the industry of production of goods (works, services) or the market for manufactured goods (works, services) or uniting subjects of professional activity a certain kind.

2. Consolidation in one self-regulatory organization of subjects of entrepreneurial activity and subjects of professional activity of a certain type may be provided for by federal laws.

3. A non-profit organization established in accordance with the Civil Code is recognized as a self-regulatory organization. Russian Federation and Federal Law No. 7-FZ of January 12, 1996 "On Non-Commercial Organizations", provided that it complies with all the requirements established by this Federal Law. In addition to those specified in Part 1 of this Article, these requirements include:

1) association within a self-regulatory organization as its members of at least twenty-five business entities or at least one hundred professional entities of a certain type, unless otherwise established by federal laws in relation to self-regulatory organizations uniting business or professional entities;

2) the existence of standards and rules for entrepreneurial or professional activities that are mandatory for all members of the self-regulatory organization;

3) provision by the self-regulatory organization of additional property liability of each of its members to consumers of goods (works, services) produced and other persons in accordance with Article 13 of this Federal Law.

4. Unless otherwise established by federal law, in order to carry out activities as a self-regulatory organization, a non-profit organization must create specialized bodies that monitor compliance by members of the self-regulatory organization with the requirements of the standards and rules of entrepreneurial or professional activity and consider cases of application in respect of members self-regulatory organization of disciplinary measures provided for by the internal documents of the self-regulatory organization.

5. The requirements provided for in paragraphs 1-3 of part 3 of this article and imposed on self-regulatory organizations, and the requirements for non-profit organizations to be recognized as self-regulatory organizations, are mandatory, unless otherwise established by federal law. federal laws other requirements may be established for non-profit organizations that unite subjects of entrepreneurial or professional activity to be recognized as self-regulatory organizations, and higher requirements may be established in comparison with the requirements for self-regulatory organizations specified in this Federal Law.

6. A non-profit organization acquires the status of a self-regulatory organization from the date of entering information about Not commercial organization to the state register of self-regulatory organizations and loses the status of a self-regulatory organization from the date of exclusion of information about the non-profit organization from the specified register.

In the economic sense, self-regulation of economic activities is understood as a legitimate association of businesses for the purpose of developing business rules and monitoring their compliance. As an indicator of the social significance of self-regulatory organizations (SROs), their performance of the functions of reviewing complaints from outsiders and out-of-court dispute resolution is taken.

Regulation, as it is understood in the world, consists of three parts. Firstly, it is regulation by law. Secondly, scope of activity falling within the competence of self-regulatory organizations, including business practices, codes of corporate conduct, etc. AND Thirdly, This is the area in which operational regulation by the executive authority is carried out. If we compare the regulatory systems in developed markets and in Russia, the picture is not as follows.

Our laws are not yet as detailed as we would like, which means that they do not clearly enough describe the functioning of the market. We have practically no self-regulation, although some business practices have been partly formed over the 10 years of the development of a market economy. Therefore, the entire field of regulation today in all branches of professional activity is occupied by executive authorities. We have come to the conclusion that today the supervisory functions of all state bodies coincide or are combined with regulatory functions, i.e. constitutive. Thus, there is a conflict of interest, which everyone is talking about today. It is impossible to combine the legal and supervisory functions in one body. Throughout the world, areas of activity that are difficult to regulate "from above" are left to the mercy of self-regulation, except in cases where it concerns national security issues, emergencies, and so on. For example, one of the forms of regulation, which can be defined as the function of the state commissioner on the stock exchange, is necessary in a situation of instability in the organized market. That is, when the market goes beyond the specified parameters, then the supervisory state stops trading. It turns out that under special circumstances, which are described in the law, special rights arise for the state body. This is the liberal model of regulation that is used in many countries.

Trying to improve the legislation on financial markets in parts, by separate amendments, we are faced with the problem of the lack of a common understanding of what regulation in financial markets is as such. There is different terminology in the texts of different laws. The existing departmental approach to the regulation of financial markets creates an obstacle to their development. Our markets exist not as a single, whole financial market with special sections - mortgages, leasing, securities, etc., but as a set of segments that are extremely disparate in terms of terminology, principles, and rules. For example, for some reason Gosstroy is responsible for the development of mortgages in Russia, so all the terminology in the mortgage sector is, to put it mildly, unprofessional. At best, these are translations of elements of Western models of mortgage regulation. For some reason, they only talk about housing mortgages, which should stimulate housing construction. This is true, but this is a secondary goal. A mortgage can include not only housing, but also any other real estate, including land. Gosstroy, "dealing with" mortgages, distorted this concept.

Today, the business community, united in all kinds of professional associations - appraisers, auditors, etc., exists on the basis of the law on non-profit organizations, i.e. on the same right as, for example, a society of amateur fishermen exists. I would venture to suggest that for the purposes of economic development these cannot be the same right.

Firstly, non-profit organizations are voluntary associations, and membership in self-regulatory organizations is mandatory in some cases, for example, for notaries. Secondly, Non-profit organizations can have the right to set standards of conduct for their members only if the members have delegated this right to the organization itself. But as they delegated it, they can take it away. For this reason, today we are adding to the bill on SROs for those organizations that will receive the status of self-regulated, the obligation to set standards of market behavior for their members.

Self-regulatory organizations, in our opinion, should participate in the formation of the regulatory framework, i.e. to be really qualified opponents of the executive power, because, it must be admitted, today the power regulates the market in the way it seems right to it. And the main reason why we do not have an administrative reform is precisely that the executive branch is trying to reduce its own powers, acting from within the system, which is practically impossible.

In a number of countries, national chambers of commerce are also self-regulatory organizations representing business communities, including those that are built on a professional basis. Their representatives participate in the meetings of the governments of their countries, and the bill cannot be sent to Parliament for adoption if it has not passed through the national chamber of commerce. This is considered as a necessary process of public examination of bills.

In our country, trade unions and their representatives take part in meetings of the Government of the Russian Federation, but representatives of the business community, highly professionalized segments of the market are rarely invited there. In this regard, I consider the adoption of the law on SROs to be the most important at the current stage of administrative reform. If First step - reduction in the number of licensed activities and revision of the powers of authorities, then second phase - this is the granting of special rights to institutions of professional public regulation, rights that are not identical to the rights of executive authorities, but still constitute a significant element of the business regulation system. That is, the creation of self-regulatory organizations is actually the creation of institutions that, opposing the authorities, will optimize and detail regulation.

Business entities can create a self-regulatory organization (SRO). The law defines General requirements to SRO:

• SRO is created in the form of a non-profit organization;
• association within an SRO as its members of at least twenty-five business entities or at least one hundred professional entities of a certain type, unless otherwise provided by federal laws;
• availability of standards and rules for entrepreneurial or professional activities, mandatory for all members of the SRO;
• providing SROs with additional property liability of each of its members to consumers.

• creation of a system of personal and (or) collective insurance;
• formation of a compensation fund.

In the case of using as a way to ensure the liability of members of the SRO to consumers of the system of personal and (or) collective insurance, the minimum amount of the sum insured under the liability insurance contract of each member cannot be less than thirty thousand rubles a year.

However, for a number of types of SROs, federal laws establish other amounts.

The law defines the governing bodies of the SRO:

• general meeting members of the SRO;
• a permanent collegiate governing body of the SRO;
• executive body of the SRO.

Entering information about the SRO in the state register

A registered non-profit organization acquires the status of an SRO from the moment information about the non-profit organization is entered in the state register of the SRO.

To be included in the register, the future SRO must submit a number of documents to the authorized body:

• copy of certificate of state registration non-profit organization;
• a copy of the charter of the non-profit organization;
• copies of documents confirming the state registration of its members - legal entities, certified by a non-profit organization;
• copies of certificates of state registration of its members - individual entrepreneurs, certified by a non-profit organization;
• a list of members of a non-profit organization indicating the type of entrepreneurial activity they carry out, which is the subject of self-regulation;
• documents confirming that the non-profit organization has the stipulated Federal Law "On Self-Regulatory Organizations" ways to ensure the property liability of members of a non-profit organization to consumers;
• copies of documents confirming the creation by a non-profit organization of specialized bodies provided for by the Federal Law, copies of regulations on such bodies and copies of documents on the composition of persons participating in their work;
• copies of SRO standards and rules provided for by the Federal Law;
• a document confirming the payment of a fee for entering information about a non-profit organization in the register (the fee is 1000 rubles).

Membership in SRO

Membership of business entities in SROs is voluntary. Federal laws may provide for cases of mandatory membership of business entities in SROs. The procedure for admission to membership (exclusions from membership), the rights and obligations of members are established by the SRO itself.

At the moment, mandatory membership in the SRO is provided for the following activities:

• construction, design, engineering surveys;
• audit activity;
• appraisal activity;
• activity of arbitration managers.

• on behalf of any regulations, decisions and (or) actions (inaction) of the authorities that violate the rights and legitimate interests SRO, its member or members or creating a threat of such a violation;
• participate in the discussion of draft regulations on issues related to the subject of self-regulation, as well as send opinions to the authorities on the results of independent examinations of draft regulations conducted by it;
• submit proposals for consideration by the authorities on the issues of formation and implementation, respectively public policy in relation to the subject of self-regulation;
• ask the authorities for the necessary information.

Self-regulation in the field of construction, design and engineering surveys

Article 55.4 of the Civil Code of the Russian Federation establishes specific requirements for a non-profit organization for recognition of its SRO in construction:

• association within a non-profit organization as its members of at least one hundred individual entrepreneurs and (or) legal entities;
• availability of a compensation fund formed in the amount of at least one million rubles per member of a non-profit organization. But if the SRO establishes a requirement for insurance by its members of civil liability, which may occur in the event of harm, then in the amount of not less than three hundred thousand rubles per member of a non-profit organization.

For SROs in design and engineering surveys, the number of members must be more than 50 and the size of the compensation fund - 500 thousand rubles for each member.

Article 55.3 of the Civil Code of the Russian Federation establishes 3 types of SROs:

• SRO in the field of engineering surveys;
• SRO in the field of preparation of project documentation;
• SRO in the field of construction.

An individual entrepreneur or a legal entity has the right to perform work that affects the safety of capital construction facilities, if there is a certificate issued by the SRO on admission to such work.

The list of types of work that affect the safety of capital construction facilities is established by Order of the Ministry of Regional Development of the Russian Federation dated December 9, 2008 No. 274. If the organization (entrepreneur) performs other work, then membership in the SRO is not necessary.

A self-regulatory organization within the limits of the compensation fund bears subsidiary liability for the obligations of its members arising as a result of causing harm. In the case of making payments from the compensation fund, the member of the SRO, through whose fault the harm was caused, must make contributions to the compensation fund of the SRO in order to increase the size of such a fund in the manner and up to the amount established by the charter of the self-regulatory organization, but not below the minimum size of the compensation fund .

Self-regulation of arbitration managers

A non-profit organization may be recognized as self-regulatory and included in the register of SROs of arbitration managers subject to a number of requirements:

• the presence of at least one hundred of its members;
• participation of its members in at least one hundred (in aggregate) procedures applied in bankruptcy cases;
• existence of a compensation fund. Each member of the SRO of appraisers must make a mandatory contribution in the amount of at least 50 thousand rubles.
• availability of standards and rules of professional activity developed in and mandatory for members of SROs of arbitration managers.

• higher vocational education;
• work experience in senior positions for at least a year and an internship as an assistant arbitration manager in a bankruptcy case for at least six months or an internship as an assistant arbitration manager in a bankruptcy case for at least two years;
• passing a theoretical exam under the training program for arbitration managers;
• no punishment in the form of disqualification for committing an administrative offense or in the form of deprivation of the right to hold certain positions
• no conviction for an intentional crime.

Self-regulation in the field of valuation activities

A non-profit organization can be recognized as a self-regulatory organization and included in the register of SRO appraisers, subject to a number of requirements:

• an association within such an organization as its members of at least three hundred individuals– appraisers (i.e. membership of legal entities is not possible);
• existence of a compensation fund. Each member of the SRO of appraisers must make a mandatory contribution in the amount of not less than thirty thousand rubles.
• conclusion binding contract appraiser's liability insurance. The sum insured cannot be less than three hundred thousand rubles;
• availability of standards and rules for valuation activities.

• certificate of education confirming receipt professional knowledge in the field of valuation activities;
• certificate of the absence of an unexpunged or outstanding conviction for crimes in the field of economics, as well as for crimes of medium gravity, grave and especially grave crimes.

The decision on admission (denial of admission) to the members of the SRO is made by the collegiate management body of the SRO of appraisers within seven days from the date of receipt of the application and the necessary documents.

You can get information about self-regulatory organizations of appraisers on the Rosreestr website

Self-regulation in the field of auditing

A non-profit organization can be recognized as self-regulatory and included in the register of SRO auditors, subject to a number of requirements:

• association in the SRO as its members of at least 700 individuals or at least 500 commercial organizations engaged in audit activities;
• availability of approved rules for the implementation of external quality control of the work of SRO members and the adopted code professional ethics auditors;
• provision by the self-regulatory organization of auditors of additional property liability of each of its members to consumers of audit services. There are no special requirements for the size of the compensation fund.

• a commercial organization can be created in any organizational and legal form, except for JSC, SUE and MUP;
• the number of auditors who are employees of a commercial organization on the basis of employment contracts, must be at least three;
• the share of the authorized (share) capital of a commercial organization owned by auditors and (or) audit organizations must be at least 51 percent;
• the number of auditors in the collegial executive body of a commercial organization must be at least 50 percent of the composition of such an executive body.

For implementation certain types activities, it is necessary to join self-regulatory organizations. Self-regulation is understood as independent and proactive activity by business entities.

General provisions

In Russia, such a form of association of entrepreneurs as self-regulation is provided. The main regulatory document in this area is the Federal Law of December 1, 2007 No. No. 315-FZ "On self-regulatory organizations". Self-regulation is understood as independent and proactive activity by business entities. This activity consists in the development and establishment of standards and rules, as well as monitoring their implementation.

Business entities can create a self-regulatory organization (SRO). The law defines the general requirements for SROs:

SRO is created in the form of a non-profit organization;

association within an SRO as its members of at least twenty-five business entities or at least one hundred professional entities of a certain type, unless otherwise provided by federal laws;

availability of standards and rules for entrepreneurial or professional activities, mandatory for all members of the SRO;

providing SROs with additional property liability of each of its members to consumers.

As a general rule, an SRO has the right to apply the following methods of ensuring the property liability of its members to consumers:

creation of a system of personal and (or) collective insurance;

formation of a compensation fund.

The Compensation Fund is initially formed exclusively in cash at the expense of contributions from SRO members in the amount of at least three thousand rubles in respect of each member.

In the case of using as a way to ensure the liability of members of the SRO to consumers of the system of personal and (or) collective insurance, the minimum amount of the sum insured under the liability insurance contract of each member cannot be less than thirty thousand rubles a year.

However, for a number of types of SROs, federal laws establish other amounts.

The law defines the governing bodies of the SRO:

general meeting of SRO members;

a permanent collegiate governing body of the SRO;

executive body of the SRO.

The law defines in detail the competence of each body.

Entering information about the SRO in the state register

A registered non-profit organization acquires the status of an SRO from the moment information about the non-profit organization is entered in the state register of the SRO.

To be included in the register, the future SRO must submit a number of documents to the authorized body:

a copy of the certificate of state registration of the non-profit organization;

a copy of the charter of the non-profit organization;

copies of documents confirming the state registration of its members - legal entities, certified by a non-profit organization;

copies of certificates of state registration of its members - individual entrepreneurs, certified by a non-profit organization;

a list of members of a non-profit organization indicating the type of entrepreneurial activity they carry out, which is the subject of self-regulation;

documents confirming that the non-profit organization has the stipulated Federal Law "On Self-Regulatory Organizations" ways to ensure the property liability of members of a non-profit organization to consumers;

copies of documents confirming the creation by a non-profit organization of specialized bodies provided for by the Federal Law, copies of regulations on such bodies and copies of documents on the composition of persons participating in their work;

copies of SRO standards and rules provided for by the Federal Law;

a document confirming the payment of a fee for entering information about a non-profit organization in the register (the fee is 1000 rubles).

More detailed information on the issue of entering information about SROs in the register can be obtained from their decree of the Government of the Russian Federation dated 09/29/2008 No. 724 "On approval of the procedure for maintaining the state register of self-regulatory organizations".

Membership in SRO

Membership of business entities in SROs is voluntary. Federal laws may provide for cases of mandatory membership of business entities in SROs. The procedure for admission to membership (exclusions from membership), the rights and obligations of members are established by the SRO itself.

At the moment, mandatory membership in the SRO is provided for the following activities:

construction, design, engineering surveys;

audit activity;

appraisal activity;

activity of arbitration managers.

Membership in the SRO gives entrepreneurs certain advantages. Basically, they are set out in Article 6 of the law. Thus, the SRO has the right to carry out the following actions in the interests of members:

on its own behalf, any regulations, decisions and (or) actions (inaction) of the authorities that violate the rights and legitimate interests of the SRO, its member or members or create a threat of such a violation;

participate in the discussion of draft regulations on issues related to the subject of self-regulation, as well as send opinions to the authorities on the results of independent examinations of draft regulations conducted by it;

submit proposals for consideration by the authorities on the formation and implementation of the state policy in relation to the subject of self-regulation;

ask the authorities for the necessary information.

Additional information about self-regulatory organizations can be found on the website Rosreestr