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What organizations are included in the sro? Rights and obligations of members of a self-regulatory organization

Since the SRO is a non-profit organization, and at the same time performs many important tasks in the field of construction and architecture, it is necessary to consider what functional load the self-regulatory association bears.

At its core, an SRO is an association of specialists who are legal entities or individual entrepreneurs - http://sropss.ru. They are united by work and entrepreneurial activity in the same industry.

Associations must consist of at least 50 entities engaged in core activities. Let us remind you that everything related to SROs is regulated by the law “On Self-Regulatory Organizations”.

Functions of SRO

Firstly, improving the quality of services or work provided. In this case, all responsibility lies not with the state, but with the performer, that is, all participants.

Secondly, developing requirements and criteria for companies that want to join the community. Many companies are ready to do the work, and it selects those who are truly specialists in this field. The association first checks full professional compliance and makes a decision on admission to certain jobs.

Third, the community exerts a disciplinary influence on members.

Fourthly, it provides information support within the project for participants.

Fifthly, it resolves disputes and complex situations by organizing an arbitration court.

Sixthly, it analyzes the activities of each member of the SRO, checks reports and other documents that the participant has the right to require from him regarding his professional activities.

Tolerance

One of the main functions is licensing. Obtaining admission is a mandatory condition for the activities of participants. If a company wishes to join an SRO voluntarily, it must provide a package of documents. This list includes: a certificate of entry into the Unified State Register of Legal Entities, a document on registration with a tax organization, a charter, details, a constituent agreement, and other documents.

It usually takes more than a month to collect documents. The SRO has the right to consider the application and the attached package of documents and make a decision on accepting a new participant based on his professional experience, reputation, and regional affiliation

Advantages

With development, the institution of state licensing will gradually be abolished. One of the main tasks of the SRO is to make control and supervision of participants the responsibility not of the state, but of the market players themselves. This will significantly reduce budget costs.

Also, an advantage for the state when creating such companies is that it will not be held liable for work done in bad faith by a company that has received a license. Self-regulatory organizations bear independent responsibility for the activities of participants who have been issued permits to carry out a specific type of construction or reconstruction work. And if the customer receives losses in case of poorly performed work, then he is paid compensation. Compensation consists of funds that each SRO participant contributes to the compensation fund. This is a certain amount that provides material repayment of losses. Thus, collective responsibility is created, where each SRO participant is interested in the quality of the work performed.

Thousands of organizations operate in various industries. Effective centralized control of their activities is a difficult task. Organizations called self-regulatory ones, which unite a small number of members, cope more effectively with it. To carry out activities, they are included in the register-list. What is the SRO register, we will consider below.

New company form

You can often see such an abbreviated form of the name of the enterprise as SRO. We learn what this term means from the definition. So, SROs are non-profit organizations that include business entities working in a specific area of ​​production or consolidating subjects of professional activities of the same type. They monitor compliance with quality standards, regulate market relations and provide mutual assistance to all members of the organization. In order for a new company to successfully operate and compete in the market, it must become a member of the relevant association and have permission from it. Such stringent requirements apply especially to the construction industry. Let’s look further at what SRO is in construction.

Functions

The activities of the SRO include the performance of the following functions:

  1. Development and establishment of rules for membership.
  2. Application of disciplinary measures to its participants in case of violation of requirements.
  3. Formation of an arbitration court to resolve conflicts arising between members of the organization.
  4. Monitoring and analyzing the work of its participants based on the reports they submit.
  5. SROs represent the interests of members in relations with local or state authorities.
  6. Conducting certification of workers and their professional training or certification of products or work.
  7. Ensuring open information about the activities of its members.

Financing of activities

Any organization needs funds to operate. Self-regulatory organizations are no exception in this matter. What are the sources of funds and what are they? SRO receives the following types of funds to carry out activities:

  1. Contributions of its members are regular and one-time.
  2. Voluntary property donations and contributions.
  3. Income from the provision of information services.
  4. Income from the provision of general educational services of a commercial nature, as well as those related to the entrepreneurial or professional interests of the association.
  5. Funds from the sale of information materials.
  6. Income received from investing funds on deposits.
  7. Funds from other sources not prohibited by law.

Types of organizations

The activities of SROs are regulated by relevant laws and regulations. Since they are non-profit organizations involved in the activities of many spheres of economic life of society, the following types are distinguished:

  • arbitration managers;
  • design;
  • exploration;
  • fire safety;
  • SRO in the energy sector;
  • construction;
  • appraisers;
  • actuaries;
  • in the field of advertising;
  • professional securities market participants;
  • management companies;
  • carrier organizations;
  • auditors;
  • credit cooperatives;
  • collectors;
  • in medecine;
  • food and processing industry;
  • industrial safety;
  • SRO patent attorneys;
  • credit cooperatives;
  • cadastral engineers.

Registry

In order for a self-regulatory association to carry out its activities, it must be included in the SRO register. What is this registry? This is a list of non-profit partners that have received the appropriate status. Such partners must also be present in the State Register of SROs. The maintenance of these state registers is entrusted to authorized executive bodies of state power in all areas where the self-regulation mechanism is applied. Such a list allows you to quickly find the necessary self-regulatory association, verify its status and authority to issue certificates giving the right to carry out professional activities of SRO members.

Tolerance

To carry out their activities, companies receive SRO approval. What is admission to SRO? This is a certificate of permission, which is issued by the self-regulatory organization itself, included in the unified state register of technical supervision. The company is required to have this permit if it plans to carry out activities that affect the safety of capital construction projects. What is SRO approval in construction? The list of activities for which this document is required is considered closed and is not subject to wide disclosure. Having received approval, the company can take part in tenders and begin carrying out relevant construction work, prepare design documentation and conduct engineering surveys, as well as other operations within the scope of the list specified in the approval. Construction SROs issue their participants with certificates of admission to a specific type or types of activities, which replace a construction license.

What is it for

It should be said about SROs that such an association has some advantages of self-regulation compared to state regulation. Self-regulation norms are more flexible than state norms and are easier to adapt to changes in circumstances. In addition, dispute resolution is faster and less costly for the parties. In developed countries, where this form has existed for many years, the mechanisms of self-regulation and state regulation are competitors who, through joint efforts, ensure stability and order. Thus, the state exercises control over the SRO as a whole, and not over each specific market participant. And the organization, in turn, ensures that its participants comply with market rules.

Certification

ISO certificates are international standards, the purpose of which is to ensure stability, correctness and efficiency of registration by documenting the quality management system of goods. These documents enable companies to make their control system more efficient and bring it into compliance with international standards by introducing internal audits and other necessary measures. ISO 9000 certification enhances the image of companies. An ISO certificate is an indispensable condition for those enterprises that take part in tenders for government orders. This document is also required by those enterprises whose plans include expanding their activities and establishing international cooperation.

SRO certificate - what is it? This is a kind of license that is issued to perform a specific type of work. Those associations of designers, surveyors and builders that use the current system for issuing certificates oblige their members to undergo a procedure that results in the receipt of the following documentation:

  • Certificates ISO 14001:2004 - environmental management system documents. They are an analogue of GOST R ISO14001-2004.
  • Certificates ICO 9001:2008 - QMS documents. They fully comply with GOST R ISO 9001-2008.
  • Certificates OHSAS 18001:2007 - QMS documents for safe and healthy working conditions in production. They are similar to GOST R 12.0.006-2002.

Conditions for issuing ISO certificates

What is SRO in construction? After the cancellation of licenses for construction activities, enterprises operating in this area must obtain permission. It indicates all types of work performed by the company. But in order to receive this document, a candidate for membership in a self-regulatory organization must have an ISO 9000 certificate for SRO. One of the main criteria for issuing it is the candidate’s implementation of a quality management system (QMS) in the company. For this purpose, many applicants re-establish and rebuild production processes so that they come into compliance with international standards, which is determined by specific conditions.

In order to receive this certificate, the candidate must:

  • give a clear description of the goals and objectives of the QMS, determine ways to achieve them and document everything correctly;
  • establish interconnected processes in production, which should significantly improve the QMS of products;
  • prepare a package of documents that regulate production processes according to the QMS;
  • recruit employees of appropriate qualifications and experience to the company's staff.

Only after the program has been developed do they begin to implement the QMS in a particular company. These actions can be carried out independently, but it would be better to involve special legal organizations to guarantee the quality of the result.

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 obligations 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;
  • to 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 of 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 “

SRO is an abbreviation that stands for self-regulatory organization (for example, SRO builders, SRO surveyors, SRO designers).

On January 1, 2010, the state licensing system for certain types of activities related to the safety of facilities, life, health and the environment ceased to exist. The powers of control over the work of specialized companies passed to self-regulatory organizations, and the state license itself was transformed into the so-called SRO approval.

Since then, survey, design and construction permits have been issued by decision of special committees that carefully study the potential and reputation of the applicant, since the main principle of such non-profit partnerships is the collective responsibility of all participants for the actions of each participant.

Unlike state licenses, SRO approval in construction offers companies the following advantages:

  • a minimum package of documents provided without notarization;
  • high efficiency of registration;
  • accelerated procedures for re-obtaining SRO approval;
  • a significant reduction in the bureaucratic component;
  • inevitable increase in professional responsibility for one’s own work.

The main idea of ​​SRO- shift control and supervisory functions over the activities of subjects in a certain area from the state to the market participants themselves. At the same time, clearly redundant functions are removed from the state and, as a result, budget expenses are reduced, and the focus of state supervision itself shifts from supervision of activities towards supervision of the results of activities.

Currently, associations of enterprises operating on the principle of non-profit partnership can receive the status of self-regulatory organizations. If the activities of such organizations meet all the requirements regulated in the Town Planning Code and other regulations.

Main goals of SRO

According to the Town Planning Code of the Russian Federation, Chapter 6.1, Article 55.1:

  • prevention of harm to the life or health of individuals, property of individuals or legal entities, state or municipal property, the environment, life or health of animals and plants, objects of cultural heritage (historical and cultural monuments) of the peoples of the Russian Federation (hereinafter referred to as harm) due to deficiencies in work , which influence the safety of capital construction projects and are carried out by members of self-regulatory organizations;
  • improving the quality of engineering surveys, architectural and construction design, construction, reconstruction, major repairs of capital construction projects.

Assigning the status of self-regulatory organizations ensures transparent activities and effective coordination of various government agencies.

In connection with the introduction of the SRO institution, licensing of certain types of activities will be gradually abolished.

The legislative framework

In 2007, as part of a set of measures aimed at implementing policies to protect the interests of entrepreneurs and reduce government pressure on market relations, Federal Law No. 315-FZ “On Self-Regulatory Organizations” was issued. According to this legislative act, from December 1, 2007, admission to an SRO can be carried out on a voluntary basis. However, changes made to the law established a rule according to which obtaining SRO status became a mandatory point for the legal conduct of construction, design and survey work.

In July 2008, Federal Law No. 148-FZ “On Amendments to the Urban Planning Code of the Russian Federation and certain legislative acts of the Russian Federation” came into force, after which changes were made to the Urban Planning Code of Russia: the norms and requirements that affected the construction sector were updated.

Information about self-regulatory organizations can be found in the state register of the relevant area.

Help is needed? We advise on types of work, permits and entry procedures, and help you choose an SRO. For free.

Rights and obligations of SRO

According to the Urban Planning Code of the Russian Federation (Chapter 6.1, Article 55.1): “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.”

  1. SROs can appeal in court against the actions and legislative acts of state authorities of constituent entities of Russia, federal state authorities, local governments, if their decisions violate the rights and interests within the framework of the law of any member of a self-regulatory organization.
  2. File claims in court to protect the rights and interests of SRO members within the framework of the law, if the latter are involved in bankruptcy.
  3. The SRO has the right to take disciplinary measures against members of the organization who do not comply with the rules and requirements. Penalties mean disciplinary liability, up to and including exclusion from the self-regulatory organization.
  4. A self-regulatory organization must organize and provide access to information about its activities and the activities of its members, including a list of types of work to which each member of the SRO has access.
  5. Members of a self-regulatory organization have the right to represent and defend their interests on a legal basis before government agencies, government bodies of the constituent entities of Russia, as well as local government bodies.


SRO functions:

  • Develops and establishes conditions for membership of subjects in entrepreneurial or professional activities of a self-regulatory organization.
  • Applies disciplinary measures against its members.
  • Establishes arbitration courts to resolve disputes arising between members of a self-regulatory organization, as well as between them and other persons, in accordance with the legislation on arbitration courts.
  • Analyzes the activities of its members based on the information they provide to the self-regulatory organization in the form of reports.
  • Represents the interests of members of a self-regulatory organization in their relations with government bodies of the Russian Federation, government bodies of the constituent entities of the Russian Federation, and local government bodies.
  • Organizes vocational training, certification of employees of members of a self-regulatory organization or certification of goods (works, services) produced by members of a self-regulatory organization.
  • Ensures information openness of the activities of its members, publishes information about these activities in accordance with Federal legislation.
  • Exercises control over the entrepreneurial or professional activities of its members in terms of their compliance with the requirements, standards, and rules of the self-regulatory organization.
  • Considers complaints against the actions of members of a self-regulatory organization and cases of violation by its members of the requirements of the standards and rules of the self-regulatory organization, conditions of membership in the self-regulatory organization.

They offer to register many companies. At the same time, some of them will not only prepare constituent and registration documents (including for specialists), but will also help to quickly make changes to the permit (adding or excluding types of work; making changes related to changing the legal address or expanding contracts).

The activities of self-regulatory organizations are regulated by the Federal Law of December 1, 2007 No. 315-FZ “On Self-Regulatory Organizations”.

Under self-regulation refers to independent and proactive activities that are carried out by subjects of entrepreneurial or professional activities and the content of which is the development and establishment of standards and the specified activities, as well as monitoring compliance with the requirements of the specified standards and rules.

Important! Please keep in mind that:

  • Each case is unique and individual.
  • A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to choose any of the options offered:

Self-regulation in accordance with this Federal Law is carried out on the terms of unification of subjects of business or professional activities into self-regulatory organizations.

Under business entities means individual entrepreneurs and legal entities registered in the prescribed manner and carrying out entrepreneurial activities determined in accordance with the Civil Code of the Russian Federation, and under subjects of professional activity- individuals carrying out professional activities regulated in accordance with federal laws.

Art. 3 of this law determines that self-regulatory organizations are non-profit organizations created 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 for the production of goods (works, services) or the market for manufactured goods (works) , services) or uniting subjects of professional activity of a certain type.

The merger of business entities and professional entities of a certain type into one self-regulatory organization may be provided for by federal laws.

Requirements for SRO:

  1. a non-profit organization created in accordance with the Civil Code of the Russian Federation and Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations”, provided that it complies with all the requirements established by this Federal Law;
  2. association within a self-regulatory organization as its members at least 25 subjects business activity or at least 100 subjects professional activity of a certain type, unless otherwise provided by federal laws;
  3. the presence of standards and rules of entrepreneurial or professional activity that are mandatory for all members of the self-regulatory organization;
  4. provision by a self-regulatory organization of additional property liability of each of its members to consumers of produced goods (works, services) and other persons in accordance with Article 13 of the Federal Law.

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 standards and rules of entrepreneurial or professional activity and consider cases of application in relation to members of the self-regulatory organization disciplinary measures provided for by the internal documents of the self-regulatory organization.

Non-profit organization acquires the status of a self-regulatory organization from the date of entering information about a non-profit organization into the state register of self-regulatory organizations and loses the status of a self-regulatory organization from the date of exclusion of information about a non-profit organization from the said register.

The purpose of the SRO activity- self-regulation of entrepreneurial or professional activities of entities united in this organization.

Self-regulatory organization:

  • develops and approves standards and rules for entrepreneurial or professional activities (federal laws may establish other requirements, standards and rules);
  • on its own behalf and in the interests of its members, has the right to apply to the court to declare invalid those that do not comply with the federal law, the obligation to comply with which is assigned to the members of the self-regulatory organization;
  • must establish disciplinary measures against members of the organization for violating the requirements of the standards and rules of the self-regulatory organization, as well as ensure information openness of the activities of members of the self-regulatory organization affecting the rights and legitimate interests of any persons.

Main functions of SRO:

  1. develops and establishes membership conditions subjects of entrepreneurial or professional activities in a self-regulatory organization;
  2. applies disciplinary measures provided for by this Federal Law and internal documents of a self-regulatory organization in relation to its members;
  3. forms arbitration courts to resolve disputes arising between members of a self-regulatory organization, as well as between them and consumers of goods (works, services) produced by members of a self-regulatory organization, other persons, in accordance with the legislation on arbitration courts;
  4. carries out activity analysis its members on the basis of information submitted by them to the self-regulatory organization in the form of reports in the manner established by the charter of the non-profit organization or other document approved by the decision of the general meeting of members of the self-regulatory organization;
  5. represents the interests of members self-regulatory organizations in their relations with government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation, local government bodies;
  6. organizes professional training, certification employees of members of a self-regulatory organization or certification of goods (works, services) produced by members of a self-regulatory organization, unless otherwise established by federal laws;
  7. ensures information openness activities of its members, publishes information about these activities in the manner established by this Federal Law and internal documents of the self-regulatory organization;
  8. exercises control over the entrepreneurial or professional activities of its members in terms of their compliance with the requirements of the standards and rules of the self-regulatory organization, the conditions of membership in the self-regulatory organization;
  9. considers complaints on the actions of members of a self-regulatory organization and cases of violation by its members of the requirements of the standards and rules of the self-regulatory organization, the conditions of membership in the self-regulatory organization.

A self-regulatory organization has the right:

  1. challenge on your own behalf in the manner prescribed by the legislation of the Russian Federation any acts, decisions and (or) actions (inaction) of government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation and local authorities violating the rights and legitimate interests of a self-regulatory organization, its member or members or creating a threat of such a violation;
  2. participate in project discussions federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, state programs on issues related to the subject of self-regulation, as well as send to the state authorities of the Russian Federation, state authorities of the constituent entities of the Russian Federation and local governments conclusions on the results of the ongoing its independent examination of draft regulatory legal acts;
  3. submit for consideration government bodies and local self-government bodies, proposals on the formation and implementation, respectively, of state policy and the policy implemented by local self-government bodies in relation to the subject of self-regulation;
  4. request information from government bodies and local self-government bodies and receive from these bodies the information necessary for the self-regulatory organization to perform the functions assigned to it by federal laws, in the manner prescribed by federal laws.

Self-regulatory organization not entitled carry out activities and take actions that entail the emergence of a conflict of interests of the self-regulatory organization and the interests of its members or create a threat of such a conflict.

 


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