Currently, construction, survey and design organizations cannot conduct their activities if they do not have access to work. If an organization conducts activities without such an admission, it violates the laws of the Russian Federation.
What is SRO?
It would seem that such a mysterious abbreviation could mean? In fact, there is nothing mysterious in it. Decoding SRO has long been known - a self-regulatory organization (non-profit type). It includes subjects of entrepreneurial and professional activity, which are united in some industry segment (for example, commodity production, provision of services, performance of work).
In our country, Law No. 315-FZ, entitled “On Self-Regulating Organizations”, regulates:
- the order of their education;
- their activities;
- the main goals and objectives of such organizations.
All of the above is also regulated by federal laws for each specific type of activity.
On November 24, 2014, Law No. 359-FZ was adopted, entitled “On Amending the Town Planning Code of the Russian Federation and Article 1 of the Federal Law“ On Self-Regulating Organizations ”. By means of this bill, the task was set to put in order the activities of self-governing organizations, as many commercial structures are opening up against the background of state structures. It is the latter that impede the development of the country's economy by issuing work permits to unskilled market participants. Therefore, self-regulation throughout the year should find a way out of this situation. If the solution is not found, the licensing system will return.
The basic idea of SRO
The main idea of the SRO, the decoding of the abbreviation of which is clear to each member of such an organization, is to remove some functions from the state. In particular, the state is removed from the functions of oversight and control over the actions of entities of a certain field of activity. These responsibilities are passed on to those who are market participants.
Such a redistribution of duties removes unnecessary functions from the state. This reduces budget costs. Moreover, it becomes possible not to waste time and effort by controlling the activities of market entities. Now you can focus on monitoring the results of their activities.
The system on the basis of which self-regulatory organizations operate is a clear alternative to licensing. Now, instead of him, to carry out professional activities, you need to get permission to work. It is he who confirms the professionalism of a market participant.
In case of non-compliance with the norms and rules that were established by the legislation and the organization itself, one of the participants shall be responsible for the violation between the culprit and all other participants of the SRO. Therefore, the organization has an interest in the execution of work and the provision of services of exceptionally good quality.
Signs of SRO
The main features of a self-regulatory organization:
- lack of a commercial component (legally decoding SRO means a self-regulatory organization of a non-profit type);
- the organization's activities are consistent with the goals that are prescribed in federal law;
- the organization has an accurate composition of its participants, the membership of each of which is fixed by relevant internal documents;
- All SRO members are united by professional or entrepreneurial activity in one particular industry.
Thanks to the SRO, the market was able to independently regulate itself using special mechanisms. At the same time, abandoning licensing, the government invited market participants to work on the principle of "one for all, and all for one." But against the background of conscientious organizations, commercial self-regulatory organizations began to appear, nullifying the idea for which self-regulation was created: security control in a certain field of activity. Therefore, you need to clearly understand the signs of a state self-regulatory organization. This will allow you not to enter into commercial SROs, which only do that they spoil the overall image of the industry by issuing permissions to one-day firms and unskilled employees solely for the sake of profit.
SRO Functions
Those who decide to join the SRO will not be baffled by deciphering this abbreviation. But the meaning of this concept is often not understood by many. It has already been mentioned above why organizations of a self-governing type are needed. About how, according to certain criteria, to identify a state, not a commercial structure, to which there should not be trust.
But the decoding of the SRO becomes available only when the functional responsibilities of such organizations are clearly defined. Let's pay attention to the main functions of the SRO:
- development and installation of conditions for membership in the organization;
- the application of disciplinary measures against members of the organization;
- the formation of arbitration courts to resolve disputes;
- analysis of reports submitted by participants of the SRO;
- Representation of interests of organization members when questions arise with state authorities;
- organization of training for SRO participants;
- certification of employees of the organization;
- certification of services and goods offered to consumers by members of the organization;
- monitoring the activities of SRO participants;
- analysis of complaints received by members of the organization;
- resolving issues when members of the organization violate the requirements of standards and the rules of the SRO.
Now on the territory of our country, self-regulatory organizations are involved in 20 industries. And if earlier the decoding of SRO was incomprehensible to many people to the end, now this abbreviation is clear even to a schoolboy.
SRO rights
The legal aspects of self-regulatory organizations are fully described in Article 6 of Federal Law No. 315- On Self-Regulating Organizations, which was published on December 1, 2007.
The main rights of companies with a self-regulatory management system:
- in the manner prescribed by law, to challenge on its own behalf the decisions, actions or inaction of structures related to local or state power, if the interests and rights of both the organization and its participants are not provided for by law;
- to be a participant in the discussion of draft laws created at the federal level;
- take part in state political issues related to the formation and implementation of the process of self-regulation;
- make inquiries to public authorities in order to obtain information, if it relates to issues related to the performance of the functions assigned to the organization.
A distinctive feature of such organizations is that they have the right, through constituent documents, to independently prescribe certain functions in the form of rights that are necessary and consistent with the activities of the SRO. Deciphering the very abbreviation itself is clear evidence of this.
Bans for SRO
Along with the actions for which the SRO is entitled, Federal Law No. 315-FZ of December 1, 2007 also stipulates that a self-regulatory organization does not have the right to do. In particular, SRO is prohibited:
- to deal with what entails the emergence of a conflict situation regarding not only the interests of the organization itself, but also its members;
- engage in activities that are entrepreneurial;
- become a founder of a commercial SRO;
- Be a member of a commercial SRO;
- pledge property belonging to the organization in order to ensure the fulfillment of those obligations that arise with third parties;
- vouch for a person who is not a member of the organization.
Joining an SRO is difficult. But you can contact specialized law firms that greatly simplify this process. They provide paperwork services for joining a self-regulatory organization.
SRO Tolerance
Since January 1, 2010 it is impossible to carry out activities in the construction industry without access to certain types of work. And if the decoding of the abbreviation SRO is clear to everyone, then every third may have questions: "What is the SRO tolerance? What is the interpretation of this concept?"
For legal and uninterrupted construction activities you need to be a member of a self-regulatory organization. Members of such an organization are issued an SRO certificate. Decryption of such a document: permission to carry out activities, i.e. a participant in a self-regulatory organization is granted access to certain types of work. It is he who confirms the qualifications of the subject of the construction market.
Order No. 624
It is by order No. 624 of December 30, 2009 that all issuing SRO permits are guided today. The interpretation of the types of work and their list in this order are given in full. Some time after the release of Order No. 624, some inaccuracies were discovered in it, which led to double standards. The government decided to revise the document. In 2011, he was released in a new edition.
Order No. 624 provides an exhaustive list of those works for which it is mandatory to obtain an SRO permit. Decoding in the construction of this document will become much clearer if you thoroughly study the information contained in the order. Despite the fact that the list of works in it is extensive, builders often dwell on three main resolution options:
- admission to work of general construction type;
- admission to hazardous activities;
- general contract admission.
The legislation does not prohibit issuing one permit for all types of work provided for by order No. 624. However, small businesses are not interested in this. This opportunity is resorted to by exclusively large companies, which occupy leading positions in the construction market.
How to choose a CPO?
In our country, there are now approximately 500 self-regulatory organizations. Before joining one of them, you need to clearly know what goals the company, the future participant of the SRO, faces.
There are self-regulatory organizations that make minor demands on their members. They can also offer minimum membership fees. Such proposals will be of interest to those who prefer a high speed in paperwork, coupled with a minimum cost.
The disadvantages of such self-regulatory organizations are obvious. Given the attractiveness of the offer, many want to get into them. But against the background of numerous participants, there will certainly be those whose activities will not be of high quality. As a result, the damage will fall on the shoulders not only of the culprit, but also of all other members of the organization.
The disadvantages include the fact that in such SROs it is difficult to get a serious tender due to lack of reputation. The main goal of these SROs is to collect as much money as possible. The main participants in such organizations are mostly one-day firms.
If the company is serious about successful long-term work and wants to build a stable business, you need to pay attention to the SRO with a good reputation. They are aimed at stability and focused on the business of medium and small categories.