The principle of freedom of entrepreneurial or other professional activity is enshrined in the Russian Federation legislation. That is why in the territory of our state there are many organizations that realize their activities without outside interference. Some provisions of 315- "On self-regulatory organizations" will be considered in this article.
What is self-regulation?
Self-regulation, in accordance with article 2 of the presented normative act, is called initiative and independent activity carried out by subjects of the business or any other professional sphere. Representatives of the self-regulatory area are engaged in the formation of standards and various rules. It is also worth noting that the competence of the persons under consideration includes control over the implementation of the established requirements.
Business entities are understood to mean various legal entities and individuals registered in the manner prescribed by law and legally implementing their activities in strict accordance with the Russian Civil Code. According to Article 3 No. 315-FZ "On Self-Regulating Organizations", entities are united in special instances created on a non-commercial basis. The order of their functioning will be described below.
Rules of self-regulatory organizations
What is the subject of self-regulation in the represented subjects? Despite the non-commercial nature, the main goal of the organization is entrepreneurial. Moreover, any association acting on an independent basis should form a number of important requirements and rules for the implementation of its functioning. So, it is necessary to clearly identify the methods of disciplinary action, ensure information transparency, establish a series of prohibitions on illegal activities, etc.
According to Article 5 of Federal Law No. 315 "On Self-Regulatory Organizations", any associations of independent and independent activities should be based on the principle of membership of entities. At the same time, information about it is subject to entry in the Unified Federal Register on the activities of legal entities and individual entrepreneurs. The registry itself should contain the following information:
- information about each individual member of a self-regulatory type of organization;
- registration numbering of members;
- information on ensuring property liability, etc.
About what exactly self-regulatory organizations should do, will be described later.
Responsibilities and powers of self-regulatory organizations
Article 6 No. 315- "On Self-Regulating Organizations" outlines the main functionality of the entities under consideration. It is necessary to highlight:
- the application of legal disciplinary measures against its members;
- development and establishment of the principle of membership of business entities or other activities in this organization;
- analysis of the activities of their representatives;
- ensuring information transparency;
- implementation of control over the quality implementation of entrepreneurial or other professional activities;
- consideration of complaints about the actions of members of the organization, etc.
Separately, it is worth talking about the powers of the subjects in question, in particular, the possibility of challenging the actions of state bodies, taking part in discussing projects, making proposals for the modernization of organizational activities, etc.
About the functioning of organizations
Articles 8-24 No. 315-FZ "On Self-Regulating Organizations" describe the principles of functioning of independent and independent enterprises. The methods of property liability and certain restrictions on the rights of relevant officials are fixed. Article 16 speaks of the need to convene a membership meeting in a timely manner, and article 17 speaks of the importance of the work of a collegial management body.
Despite their independent status, the enterprises in question are under state control. That is why representatives of the executive branch of government have the opportunity to carry out control and evaluation activities in relation to these associations.
It is also worth highlighting changes in the law. The latest edition of 315-FZ "On Self-Regulating Organizations" of 2016 was supplemented by an amendment to Article 5, which states the need for members of enterprises to provide information about themselves.