The document establishes the requirements for the creation of compensation funds and defines the procedure for investing funds, establishes the approaches to implement mandatory self-regulation in sectors of the economy and market segments, and improves the procedure for supervising members of self-regulatory organizations (SROs).
According to expert estimates, as of 2018, the self-regulation system includes 646 organizations, which bring together under the terms of obligatory membership over 165 thousand business enterprise and professional subjects from 12 spheres, as well as 433 organizations created by market participants under the terms voluntary membership.
The establishment of this system required substantial expenses from the subjects of business enterprise and professional activity: compensation funds of more than 76 billion rubles have been formed, with more than 22 billion rubles being spent annually on liability insurance by members of self-regulating organizations (SRO), and 49 billion rubles annually on membership fees.
At the same time, the key functions of an SRO – standardization, member supervision, material liability by commitments of its members, – are often poorly executed.
Only in 3 out of 12 areas, one SRO accounts for more than five published activity standards. At the same time, in almost every area there are SROs that do not have a single accepted standard, which is a direct violation of the law.
The inspections of SRO members in some cases are only for show.
The volume of payments from compensation funds to pay for the damage caused by SRO members in the course of their entrepreneurial or professional activities remains low. In 2017, these payments were made only in 2 areas out of 11, in which compensation funds have been established, and amounted to 0.06% of the total size of compensation funds.
To solve these problems, the draft law provides to introduce the following amendments to the Law No. 315-FL:
- increasing the degree of harmonization in the self-regulation legislation with the possibility of establishing in the legislation of industry-specific features of self-regulation;
- consolidating the approaches to introduce mandatory self-regulation in economic sectors and market segments;
- establishing the creation of a compensation fund as the main method of securing material liability of SROs;
- concrete definition of the procedure for levying the execution on the funds of the SRO compensation fund;
- consolidating joint responsibility of SROs for the obligations of its members, unless otherwise provided by federal law;
- defining the procedure for placing and investing the funds of SRO compensation funds;
- improving the procedure for SROs to control their members and the procedure for SROs to use the disciplinary measures in relation to their members;
- establishing the procedure for development and publication of SRO standards and federal standards in the system of self-regulation;
- resolving the issues regarding the establishment and activities of national SRO associations;
- expanding the use of information and communication technologies in the SRO activities;
- resolving a number of procedural issues in SRO activities;
- providing a legislative framework for monitoring the development of the self-regulation system
Along with the draft law, the Ministry of Economic Development has also prepared a draft federal law “On Amendments to the Code of the Russian Federation on Administrative Offenses”, which is aimed at increasing the responsibility of SROs for law violations in the area of self-regulation.