Self-regulation

The Institute of self-regulation is aimed at the implementation of one of the fundamental principles of the functioning of the market economy, which is to limit the government intervention in the market activities while establishing the responsibility of entrepreneurs for the unfair behavior.

According to the Federal law of December 1, 2007 № 315-FL" on self-regulatory organizations " self-regulation means independent and initiative activities carried out by subjects of business or professional activity, the content of which is the development and establishment of standards and rules of this activity, as well as the monitoring compliance with the requirements of established standards and rules.

Membership in self-regulating organizations is voluntary, while Federal laws may provide for cases of compulsory membership of business or professional activities in self-regulating organizations.

TODAY THE SELF-REGULATORY SYSTEM INCLUDES 646 SRO, UNITING UNDER COMPULSORY MEMBERSHIP OF MORE THAN 165 000 SUBJECTS OF ENTREPRENEURIAL AND PROFESSIONAL ACTIVITY IN 12 AREAS, AND 433 SRO CREATED BY THE MARKET PARTICIPANTS IN CONDITIONS OF VOLUNTARY MEMBERSHIP.

In the framework of the implementation of measures to enhance the information transparency of self-regulatory organizations prescribed by presidential decree of 7 may 2012 № 601 "On the main directions of improving the system of public administration", the Federal law of June 7, 2013 № 113-FL "On amendments to certain legislative acts of the Russian Federation on ensuring information openness of self-regulating organizations".

The law establishes requirements for the composition of information on the activities of self-regulatory organizations and their members that are to be disclosed and introduces administrative liability for violations of the established requirements. The law also established the requirement of the presence of the self-regulatory organization of the website on the Internet, the composition of the information is to be ordered for it to be subjected to disclosure on the website of SRO.

One of the novelties of the law is a systematic description of the register of members of a self-regulatory organization as a key element of the system of disclosure of information about the activities of the SRO and its members. This approach makes it possible to focus primarily on the disclosure of information by self-regulatory organizations to the consumer or potential counterparty of the SRO members, ensuring the receipt of all necessary information from such a register in order to make  a decision on the interaction, of information, a kind of "business card" for each of the members of the self-regulatory organization.

In order to implement the mentioned Federal law, the Ministry of economic development issued order № 803 from 31 December 2013 "On approval of the Requirements for the self-regulatory organizations to have access to documents and information that must be posted on the official websites of self-regulatory organizations, as well as the requirements for technological, software and linguistic means of ensuring the usage of the official websites of such self-regulatory organizations", that was registered by the Ministry of justice on 31 March 2014.

DESPITE THE CONSIDERABLE EXPERIENCE OF SELF-REGULATION IN SEPARATE SPHERES AND BRANCHES OF ECONOMIC ACTIVITY, THE ANALYSIS OF THE EMERGING LAW ENFORCEMENT PRACTICE, RESULTS OF SELF-REGULATORY ORGANIZATIONS AND APPEALS OF ENTREPRENEURS INDICATES THE NEED FOR THE FURTHER IMPROVEMENT OF THE LEGISLATION OF THE RUSSIAN FEDERATION IN THE FIELD OF SELF-REGULATION.

In accordance with the order of the President of the Russian Federation dated may 27, 2014 № OR -1168 the key areas of improvement of the Institute of self-regulation are:

  • formation of the effective national model of self-regulation, which determines its goals and objectives and allows to use the potential of self-regulation to improve the quality of products and services of business and professional activities;
  • improvement of the mechanisms of self-regulatory responsibility, as well as the rules and procedures to ensure their implementation;
  • provision of the maximum transparency of the activities of self-regulatory organizations, as well as effective state control and supervision, excluding cases of unfair activities of such organizations.

Within the framework of the execution of the order by the decree of the Government of the Russian Federation from December 30, 2015 № 2776-d approved the concept of improving the institution of self-regulation prepared by the Ministry of economic development of Russia within the framework of execution of the orders of the President of the Russian Federation.

The concept defines the mechanisms of improving of the legislation in the field of:

  • establishing the legal basis for the establishment and activities of national associations of the SRO;
  • development of standardization of business and professional activities in the SRO system;
  • adjustment of the mechanism of responsibility of entrepreneurs to consumers of goods (works, services) produced by them);
  • improving the efficiency of SRO control over compliance by SRO members with the established requirements, as well as state control (supervision) over the activities of SRO;
  • creating conditions for the development of voluntary self-regulation.
THE MAIN MECHANISM OF IMPLEMENTATION OF THE CONCEPT AND THE ORDERS OF THE PRESIDENT OF THE RUSSIAN FEDERATION IS DEVELOPING OF THE AMENDMENTS TO THE  FEDERAL LAW FROM DECEMBER, 1, 2007 № 315‑FL "ON SELF - REGULATORY ORGANIZATIONS", AS WELL AS IN SECTORAL LEGISLATION OF THE SELF - REGULATING ORGANISATIONS IN ACCORDANCE WITH THE NATIONAL MODEL OF SELF-REGULATION.

The draft Federal law "on amendments to the Federal law on self-regulatory organizations and on certain legislative acts of the Russian Federation" has been prepared by the Ministry of economic development of Russia.