315 Federal Law on self-regulatory organizations latest edition

For several years in a row, there have been rumors in the construction community that the system of self-regulation as we know it will soon come to an end. That the heads of self-regulatory organizations are about to roll (and with them the collected money of builders will fly in an unknown direction). And that everything is about to become completely different. Now it is clear that it was in 2017 that these rumors really became reality. At […]

The boy cried “wolf” for a very long time. So, gentlemen: wolves. This is far from the first construction self-regulatory organization to be excluded from the Rostechnadzor register following a tip from the National Association. This is not the first time that hundreds of careless construction companies remain without clearance, thousands of construction workers are left without work, and many thousands of their family members are left without a livelihood (and all this […]

The cost of joining an SRO is one of the first indicators of a self-regulatory organization that you should pay attention to. Unless, of course, overpaying twice or more for the same things is not in your rules. However, if this were your rules, you would hardly become a successful businessman, would you?

How many bloody tears have already been shed over regionalization... But regionalization is not the only rotten apple that legislators have treated the construction industry to in 372-FZ. There is also " single register specialists”... This innovation concerns everyone. Builders transferring to regional SROs. Builders who are not moving anywhere. Designers and surveyors who were not affected by regionalization at all. Requirements for specialists [...]

That's it, gentlemen. All notifications have been accepted, notifications are no longer accepted. The deadline for submitting them was the first of December. What does this mean for those who made it – and for those who didn’t? What to do next? Let's figure it out. The first stage of changes associated with the transition to regional self-regulatory organizations has been completed. At this stage, the builders were required to make a decision [...]

Article 1. Subject of regulation and scope of this Federal Law

1. This Federal Law regulates relations arising in connection with the acquisition and termination of the status of self-regulatory organizations, the activities of self-regulatory organizations uniting business entities or professional activity, the implementation of interaction between self-regulatory organizations and their members, consumers of goods (works, services) produced by them, federal executive authorities, executive authorities of constituent entities Russian Federation, local governments.

2. Features of the acquisition and termination of the status of self-regulatory organizations, the activities of self-regulatory organizations and the procedure for implementation state control(supervision) over compliance by self-regulatory organizations uniting subjects of business or professional activities of certain types with the requirements of the legislation of the Russian Federation regulating the activities of these subjects, and the legislation of the Russian Federation on self-regulatory organizations may be established by federal laws.

3. This Federal Law does not apply to self-regulatory organizations of professional participants in the securities market, joint-stock investment funds, management companies and specialized depositories of investment funds, mutual funds and non-state pension funds, housing savings cooperatives, non-state pension funds, credit organizations, credit history bureaus. Relations arising in connection with the acquisition or termination of the status of such self-regulatory organizations, their activities, as well as in connection with the interaction of such self-regulatory organizations and their members, consumers of their services (works), federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies are determined by federal laws regulating the relevant type of activity.

Article 2. Concept of self-regulation

1. Self-regulation is understood as independent and proactive activity that is carried out by subjects of entrepreneurial or professional activity and the content of which is the development and establishment of standards and rules for the specified activity, as well as monitoring compliance with the requirements of the specified standards and rules.

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

3. For the purposes of this Federal Law, the subjects entrepreneurial activity are understood to be individual entrepreneurs and legal entities registered in the prescribed manner on the territory of the Russian Federation and carrying out entrepreneurial activities determined in accordance with the Civil Code of the Russian Federation, and subjects of professional activities are individuals carrying out professional activities regulated in accordance with federal laws.

Article 3. Self-regulatory organizations

1. Self-regulatory organizations are non-profit organizations created for the purpose of self-regulation, based on membership, uniting business entities based on the unity of the industry for the production of goods (work, services) or the market for produced goods (work, services) or uniting subjects of professional activity of a certain type.

2. The unification in one self-regulatory organization of subjects of entrepreneurial activity and subjects of professional activity of a certain type may be provided for by federal laws.

3. A self-regulatory organization is recognized as a non-profit organization created in accordance with the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”, only if it complies with all the requirements established by this Federal Law. These requirements, in addition to those established in Part 1 of this article, include:

1) association within a self-regulatory organization as its members of at least twenty-five subjects of business activity or at least one hundred subjects of professional activity of a certain type, unless otherwise established by federal laws in relation to self-regulatory organizations uniting subjects of business or professional activity;

2) the presence of standards and rules of entrepreneurial or professional activity that are mandatory for all members of the self-regulatory organization;

3) 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 by establishing an insurance requirement for members of a self-regulatory organization, specified in paragraph 1 of part 1 of Article 13 of this Federal Law, and through the formation of a compensation fund self-regulatory organization.

4. 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 of disciplinary measures against members of the self-regulatory organization, provided for by the internal documents of the self-regulatory organization organizations.

5. The requirements provided for in paragraphs 1-3 of part 3 of this article and presented to self-regulatory organizations, and the requirements presented to non-profit organizations for recognition as self-regulatory organizations, are mandatory. Federal laws may establish other requirements for non-profit organizations that unite subjects of business or professional activities for recognition as self-regulatory organizations, and may also establish increased requirements in comparison with the requirements for self-regulatory organizations specified in this Federal Law.

6. A non-profit organization acquires the status of a self-regulatory organization from the date of entering information about non-profit organization to the state register of self-regulatory organizations.

Article 4. Subject of self-regulation, standards and rules of self-regulatory organizations

1. The subject of self-regulation is the entrepreneurial or professional activities of entities united in self-regulatory organizations.

2. A self-regulatory organization develops and approves standards and rules for entrepreneurial or professional activities (hereinafter referred to as the standards and rules of the self-regulatory organization), which are understood as requirements for the implementation of entrepreneurial or professional activities that are mandatory for all members of the self-regulatory organization. Federal laws may establish specifics for the development and establishment of standards and rules of self-regulatory organizations for certain types of business or professional activities.

3. Standards and rules of self-regulatory organizations must comply with federal laws and other regulatory legal acts adopted in accordance with them. The standards and rules of a self-regulatory organization may establish additional requirements for entrepreneurial or professional activities of a certain type.

4. A self-regulatory organization, on its own behalf and in the interests of its members, has the right to apply to the court to declare invalid a normative legal act that does not comply with federal law, the obligation to comply with which is assigned to the members of the self-regulatory organization, including a normative legal act containing something that is not permitted by federal law broad interpretation of its norms in whole or in any part.

5. The standards and rules of a self-regulatory organization must provide for disciplinary measures against members of a self-regulatory organization for violation of the requirements of the standards and rules of a self-regulatory organization, as well as information openness of the activities of members of a self-regulatory organization affecting the rights and legitimate interests of any persons.

6. The standards and rules of a self-regulatory organization must comply with the rules business ethics, eliminate or reduce the conflict of interests of members of a self-regulatory organization, their employees and members of the permanent collegial governing body of the self-regulatory organization.

7. The standards and rules of a self-regulatory organization must establish a ban on members of a self-regulatory organization carrying out activities to the detriment of other subjects of business or professional activity, and must also establish requirements that prevent unfair competition, the commission of actions that cause moral harm or damage to consumers of goods (works, services) and other persons, actions that damage the business reputation of a member of a self-regulatory organization or the business reputation of a self-regulatory organization.

Article 5. Membership of business or professional entities in self-regulatory organizations

1. Membership of business or professional entities in self-regulatory organizations is voluntary.

2. Federal laws may provide for cases of mandatory membership of subjects of business or professional activities in self-regulatory organizations for the implementation of business or professional activities of a certain type.

3. The entity carrying out different kinds entrepreneurial or professional activities, may be a member of several self-regulatory organizations if such self-regulatory organizations unite subjects of entrepreneurial or professional activities of the relevant types.

4. An entity carrying out a certain type of business or professional activity can be a member of only one self-regulatory organization uniting subjects of business or professional activity of this type.

Article 6. Main functions, rights and responsibilities of a self-regulatory organization

1. A self-regulatory organization shall perform the following main functions:

1) develops and establishes requirements for membership of business or professional entities in a self-regulatory organization, including requirements for joining a self-regulatory organization;

2) applies disciplinary measures provided for by this Federal Law and internal documents of the self-regulatory organization in relation to its members;

3) establishes 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 an analysis of the activities of its members on the basis of information provided by them to the self-regulatory organization in the form of reports in the manner established by the charter of the self-regulatory 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 of a self-regulatory organization in their relations with authorities state power the Russian Federation, government bodies of the constituent entities of the Russian Federation, local government bodies;

6) organizes vocational training, certification of employees of members of a self-regulatory organization or certification of goods (work, services) produced by members of a self-regulatory organization, unless otherwise established by federal laws;

7) ensures information openness of the 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.

2. A self-regulatory organization, along with the main functions established by part 1 of this article, has the right to perform other functions provided for by the charter of the self-regulatory organization and not contradicting the legislation of the Russian Federation.

3. In accordance with the main functions established by this article, in the process of carrying out its activities, a self-regulatory organization has the right:

1) exercise 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;

2) on its own behalf, challenge, in the manner established 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 governments that violate the rights and legitimate interests of a self-regulatory organization, its member or members or posing a threat of such violation;

3) participate in the discussion of draft 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, and also send them to the state authorities of the Russian Federation, government authorities of the constituent entities of the Russian Federation and local government bodies, conclusions on the results of independent examinations of draft regulatory legal acts carried out by it;

4) submit for consideration to government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation and local self-government bodies proposals on the formation and implementation, respectively, of state policy and the policy implemented by local government bodies in relation to the subject of self-regulation;

5) request information from government bodies of the Russian Federation, government bodies of constituent entities of the Russian Federation 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.

4. Self-regulatory organization along with certain parts 3 of this article, the rights have other rights provided for by this Federal Law and other federal laws, taking into account the specifics established for entrepreneurial or professional activities of a certain type.

5. A self-regulatory organization, its management bodies, specialized bodies and employees are obliged to comply with the requirements of this Federal Law, other federal laws, the charter of the self-regulatory organization, the standards and rules of the self-regulatory organization.

6. A self-regulatory organization does not have the right to 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.

Article 7. Providing access to information by a self-regulatory organization and protecting information from its misuse by a self-regulatory organization

1. A self-regulatory organization, through publication in the media and (or) placement in information and telecommunication networks, is obliged to provide access to information:

1) on the composition of its members;

2) on the conditions, methods and procedure for ensuring the responsibility of members of a self-regulatory organization to consumers of the goods (works, services) produced by them;

3) about members who have terminated their membership in a self-regulatory organization, and about the grounds for termination of their membership, as well as about subjects of entrepreneurial or professional activity who have joined a self-regulatory organization;

4) on the conditions of membership in a self-regulatory organization;

6) on the structure and competence of management bodies and specialized bodies of a self-regulatory organization;

7) on decisions taken by the management bodies of the self-regulatory organization in connection with the functions performed by the self-regulatory organization;

8) on cases of holding members of a self-regulatory organization liable for violation of the requirements of the legislation of the Russian Federation in terms of carrying out business or professional activities, standards and rules of the self-regulatory organization;

9) about any claims and statements filed by the self-regulatory organization in the courts;

10) on the composition and value of the property of the compensation fund of the self-regulatory organization;

11) about certificates issued to members of a self-regulatory organization or their employees based on training results;

12) on the progress and results of the examination of a normative legal act, in which the self-regulatory organization took part;

13) on the results of inspections of the activities of members of the self-regulatory organization;

14) on the annual financial statements of the self-regulatory organization and the results of its audit;

15) other information provided for by federal laws and the charter of the self-regulatory organization.

2. A self-regulatory organization provides information to federal executive authorities in the manner established by the legislation of the Russian Federation.

3. A self-regulatory organization, along with the disclosure of information established by part 1 of this article, has the right to disclose other information about its activities and the activities of its members in the manner established by internal documents, if such disclosure does not entail a violation of the procedure and conditions for access to information that constitutes trade secret, as well as the emergence of a conflict of interests of a self-regulatory organization and the interests of its members and is determined by the self-regulatory organization as a reasonable measure to improve the quality of self-regulation and information openness of the activities of the self-regulatory organization and its members.

4. A self-regulatory organization, in accordance with the provisions of Part 1 of this article, independently establishes methods for disclosing information, taking into account that the disclosed information must be accessible the largest number consumers of goods (works, services) produced by members of a self-regulatory organization, as well as shareholders, investors and creditors of members of a self-regulatory organization.

5. The charter of a self-regulatory organization or requirements specially established for this purpose and mandatory for compliance by all employees of a self-regulatory organization must provide for methods of obtaining, using, processing, storing and protecting information, the misuse of which by employees of a self-regulatory organization may cause moral harm and (or) property harm to members of a self-regulatory organization or create the preconditions for causing such harm and (or) damage.

6. A self-regulatory organization is responsible to its members for the actions of employees of a self-regulatory organization related to the unlawful use of information that has become known to them due to their official position.

7. Members of a self-regulatory organization are required to disclose information about their activities, subject to disclosure in accordance with the legislation of the Russian Federation and the requirements established by the self-regulatory organization.

Article 8. Interested people. Conflict of interest

1. For the purposes of this Federal Law, interested parties mean members of a self-regulatory organization, persons included in the management bodies of a self-regulatory organization, its employees acting on the basis of an employment contract or a civil law contract.

2. For the purposes of this Federal Law, the personal interest of the persons specified in Part 1 of this article is understood as a material or other interest that affects or may affect the provision of the rights and legitimate interests of a self-regulatory organization and (or) its members.

3. For the purposes of this Federal Law, a conflict of interest is understood as a situation in which the personal interest of the persons specified in Part 1 of this article affects or may affect the performance of their professional duties and (or) entails the emergence of a contradiction between such personal interest and legitimate interests self-regulatory organization or the threat of a contradiction that could lead to harm to the legitimate interests of the self-regulatory organization.

4. Stakeholders must respect the interests of the self-regulatory organization, primarily in relation to the goals of its activities, and should not use opportunities related to the performance of their professional duties, or allow the use of such opportunities for purposes contrary to the goals specified in the constituent documents of the self-regulatory organization.

5. Measures to prevent or resolve conflicts of interest are established by the charter, standards and rules of the self-regulatory organization.

Article 9. Control of a self-regulatory organization over the activities of its members

1. Control over the implementation of entrepreneurial or professional activities by members of a self-regulatory organization is carried out by employees of the relevant structural unit of the self-regulatory organization through scheduled and unscheduled inspections.

2. The subject of a scheduled inspection is compliance by members of a self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization. The duration of a scheduled inspection is established by the permanent collegial management body of the self-regulatory organization.

3. A scheduled inspection is carried out at least once every three years and no more than once a year.

4. The basis for an unscheduled inspection by a self-regulatory organization may be a complaint sent to the self-regulatory organization about a violation by a member of the self-regulatory organization of the requirements of the standards and rules of the self-regulatory organization.

5. A self-regulatory organization may provide, in addition to the grounds specified in Part 4 of this article, other grounds for conducting an unscheduled inspection.

6. During an unscheduled inspection, only the facts specified in the complaint or facts subject to verification ordered for other reasons are subject to investigation.

7. A member of a self-regulatory organization is obliged to provide the necessary information for the inspection at the request of the self-regulatory organization in the manner determined by the self-regulatory organization.

8. If a member of a self-regulatory organization is found to have violated the requirements of the standards and rules of the self-regulatory organization, the inspection materials are transferred to the body for reviewing cases regarding the application of disciplinary measures against members of the self-regulatory organization.

9. A self-regulatory organization, as well as its employees and officials participating in the inspection, are responsible for the non-disclosure and non-dissemination of information obtained during its conduct, in accordance with this Federal Law and other federal laws.

10. A self-regulatory organization bears responsibility to its members in the manner established by the legislation of the Russian Federation and the charter of the self-regulatory organization for unlawful actions of employees of the self-regulatory organization when they exercise control over the activities of members of the self-regulatory organization.

Article 10. The procedure for applying disciplinary measures against members of a self-regulatory organization

1. The body for considering cases of application of disciplinary measures against members of a self-regulatory organization is obliged to consider complaints against the actions of members of a self-regulatory organization and cases of violation by its members of the requirements of standards and rules of business or professional activity.

2. The procedure for considering complaints and cases specified in Part 1 of this article, the content of these violations are determined by the internal documents of the self-regulatory organization.

3. When considering complaints against the actions of members of a self-regulatory organization, the body for considering cases of application of disciplinary measures against members of a self-regulatory organization is obliged to invite to its meetings the persons who sent such complaints, as well as members of the self-regulatory organization in respect of whom cases of application of disciplinary measures are being considered impact.

4. The body for reviewing cases of application of disciplinary measures against members of a self-regulatory organization in cases established by the self-regulatory organization has the right to decide on the application of the following disciplinary measures:

1) issuing an order obliging a member of a self-regulatory organization to eliminate identified violations and establishing a deadline for eliminating such violations;

2) issuing a warning to a member of a self-regulatory organization;

3) imposition of a fine on a member of a self-regulatory organization;

5) other measures established by the internal documents of the self-regulatory organization.

5. The decisions provided for in paragraphs 1 - 3 and 5 of part 4 of this article are made by a majority vote of the members of the body for considering cases of application of disciplinary measures against members of a self-regulatory organization and come into force from the moment they are adopted by the said body. The decision provided for in paragraph 4 of part 4 of this article may be made by no less than seventy-five percent of the votes of the members of the body for considering cases on the application of disciplinary measures against members of a self-regulatory organization.

6. A self-regulatory organization, within two working days from the date the body for reviewing cases on the application of disciplinary measures against members of a self-regulatory organization makes a decision on the application of disciplinary measures against a member of a self-regulatory organization, sends copies of such a decision to the member of the self-regulatory organization, as well as to the person who sent the complaint on which such a decision was made.

7. Decisions of the body for reviewing cases on the application of disciplinary measures against members of a self-regulatory organization, with the exception of the decision provided for in paragraph 4 of part 4 of this article, can be appealed by members of the self-regulatory organization to the permanent collegial governing body of the self-regulatory organization within the time limits established by the self-regulatory organization .

8. The decision of the permanent collegial management body of a self-regulatory organization to exclude a person from members of the self-regulatory organization may be appealed by the person expelled from the membership of the self-regulatory organization to the court in the manner prescribed by the legislation of the Russian Federation.

9. Money received by a self-regulatory organization as a result of the imposition of a fine on a member of the self-regulatory organization in accordance with this article shall be credited to the compensation fund of the self-regulatory organization.

Article 11. Appealing actions (inaction) of a self-regulatory organization, decisions of its governing bodies

Any member of a self-regulatory organization, in the event of a violation of his rights and legitimate interests by the actions (inaction) of the self-regulatory organization, its employees and (or) decisions of its management bodies, has the right to challenge such actions (inaction) and (or) decisions in court, and also demand in accordance with with the legislation of the Russian Federation for compensation by a self-regulatory organization for damage caused to it.

Article 12. Sources of formation of property of self-regulatory organizations

1. The sources of formation of the property of a self-regulatory organization are:

1) regular and one-time receipts from members of a self-regulatory organization (entrance, membership and targeted fees);

2) voluntary property contributions and donations;

3) income from the provision of services for the provision of information, the disclosure of which may be carried out on a paid basis;

4) income from the provision educational services related to entrepreneurial activities, commercial or professional interests of members of a self-regulatory organization;

5) income from sales information materials related to entrepreneurial activities, commercial or professional interests of members of a self-regulatory organization;

6) income received from placement Money on bank deposits;

7) other sources not prohibited by law.

2. Federal laws may establish restrictions on the sources of income received by self-regulatory organizations.

3. The procedure for regular and one-time receipts from members of a self-regulatory organization is determined by the internal documents of the self-regulatory organization.

4. Lead accounting and financial (accounting) statements of a self-regulatory organization are subject to mandatory audit.

Article 13. Methods of ensuring property liability of members of a self-regulatory organization to consumers of goods (works, services) produced by them and other persons

1. A self-regulatory organization has the right to use the following methods of ensuring the property liability of members of a self-regulatory organization to consumers of the goods (works, services) produced by them and other persons:

1) creation of a system of personal and (or) collective insurance;

2) formation of a compensation fund.

2. The compensation fund is initially formed exclusively in cash from contributions from members of a self-regulatory organization in the amount of no less than three thousand rubles for each member.

3. In the case of using a personal and (or) collective insurance system as a way to ensure the liability of members of a self-regulatory organization to consumers of goods (works, services) produced by them and other persons, the minimum amount of the insured amount under the liability insurance contract for each member cannot be less than thirty thousand rubles per year.

4. Additional requirements for minimum size compensation fund of a self-regulatory organization and the minimum amount of the insured amount under a liability insurance agreement for members of a self-regulatory organization may be established by federal laws.

5. The allocation of funds from the compensation fund for the purpose of their preservation and growth and the investment of such funds are carried out through management companies.

6. Control over compliance by management companies with restrictions on the placement and investment of funds from the compensation fund, rules for the placement of such funds and requirements for investment, as well as over the investment of funds from the compensation fund, which are established by this Federal Law and the investment declaration adopted by the self-regulatory organization, is carried out by a specialized depository on the basis of an agreement on the provision of specialized depository services.

7. Income received from the placement and investment of funds from the compensation fund is used to replenish the compensation fund and cover expenses associated with ensuring proper conditions for investing funds from the compensation fund.

8. A self-regulatory organization has the right to conclude. agreements only with management companies and a specialized depository, which were selected based on the results of a competition held in the manner established by the internal documents of the self-regulatory organization.

9. No more than ten percent of the compensation fund can be invested in real estate.

10. At least ten percent of the compensation fund must be invested in government securities of the Russian Federation.

11. Additional requirements for the composition and structure of the compensation fund are determined by the investment declaration adopted by the self-regulatory organization.

12. The grounds and procedure for making payments from the compensation fund are established general meeting members of a self-regulatory organization.

13. Payments from the compensation fund are not allowed, with the exception of payments in order to ensure the property liability of members of a self-regulatory organization to consumers of the goods (works, services) produced by them and other persons. Refunds of contributions to members of a self-regulatory organization are not allowed.

14. Collection for the obligations of a self-regulatory organization, including the obligation to compensate for damage caused to a member of a self-regulatory organization, cannot be imposed on the property of the compensation fund of a self-regulatory organization.

Article 14. Restrictions on the rights of a self-regulatory organization, its officials and other employees

1. A self-regulatory organization does not have the right to carry out entrepreneurial activities.

2. A self-regulatory organization does not have the right to establish business partnerships and companies carrying out entrepreneurial activities that are the subject of self-regulation for this self-regulatory organization, and to become a participant in such business partnerships and companies.

3. A self-regulatory organization does not have the right to carry out the following actions and enter into the following transactions, unless otherwise provided by federal laws:

1) provide property belonging to it as collateral to ensure the fulfillment of obligations of other persons;

2) issue guarantees for persons other than their employees;

3) acquire shares, bonds and other securities issued by its members, except for cases where such securities are traded at stock exchanges and (or) with other organizers of trading on the securities market;

4) ensure the fulfillment of their obligations by pledging the property of their members, guarantees and sureties issued by them;

5) act as an intermediary (commission agent, agent) for the sale of goods (works, services) produced by members of a self-regulatory organization;

6) make other transactions in cases provided for by other federal laws.

4. A person performing the functions of the sole executive body of a self-regulatory organization shall not have the right to:

1) acquire securities whose issuers or debtors are members of a self-regulatory organization, their subsidiaries and dependent companies;

2) enter into any property insurance agreements, loan agreements, guarantee agreements with members of the self-regulatory organization, their subsidiaries and dependent companies;

3) carry out business activities as an individual entrepreneur that are the subject of self-regulation for this self-regulatory organization;

4) establish business partnerships and companies that carry out entrepreneurial activities that are the subject of self-regulation for this self-regulatory organization, and become a participant in such business partnerships and companies.

5. A person performing the functions of the sole executive body of a self-regulatory organization does not have the right to be a member of the management bodies of members of the self-regulatory organization, their subsidiaries and dependent companies, or to be an employee on the staff of these organizations.

6. Federal laws, the charter of a self-regulatory organization or other requirements established by it may provide for the imposition on a self-regulatory organization or its employees of additional restrictions aimed at eliminating circumstances entailing the emergence of a conflict of interest established by Part 3 of Article 8 of this Federal Law, the threat of misuse employees of a self-regulatory organization have become aware of information about the activities of members of the self-regulatory organization due to their official position.

Article 15. Governing bodies of a self-regulatory organization

1. The governing bodies of a self-regulatory organization are:

1) general meeting of members of a self-regulatory organization;

2) a permanent collegial governing body of a self-regulatory organization;

3) executive body of a self-regulatory organization.

2. In a self-regulatory organization, the functions of a permanent collegial governing body may be performed by a general meeting of members of the self-regulatory organization.

Article 16. General meeting of members of a self-regulatory organization

1. The general meeting of members of a self-regulatory organization is supreme body management of a self-regulatory organization, authorized to consider issues of the activities of a self-regulatory organization within its competence by this Federal Law.

2. The general meeting of members of a self-regulatory organization is convened at intervals and in the manner established by the charter of the self-regulatory organization.

3. The following issues fall within the exclusive competence of the general meeting of members of a self-regulatory organization:

1) approval of the charter of a non-profit organization, amendments to it;

2) election of members of a permanent collegial management body of a self-regulatory organization, early termination of the powers of the said body or early termination of the powers of its individual members;

3) appointment to a position of a person performing the functions of the sole executive body of a self-regulatory organization, early dismissal of such a person from office;

4) approval of disciplinary measures, the procedure and grounds for their application, the procedure for considering cases of violation by members of a self-regulatory organization of the requirements of the standards and rules of the self-regulatory organization;

5) determination of priority areas of activity of a self-regulatory organization, principles of formation and use of its property;

6) approval of the report of the permanent collegial management body of the self-regulatory organization and the executive body of the self-regulatory organization;

7) approval of the estimate of the self-regulatory organization, amendments to it, approval of the annual financial statements of the self-regulatory organization;

8) making a decision on the voluntary exclusion of information about a self-regulatory organization from the state register of self-regulatory organizations;

9) making a decision on the reorganization or liquidation of a non-profit organization, appointing a liquidator or liquidation commission;

10) consideration of a complaint of a person expelled from members of a self-regulatory organization about the unfoundedness of the decision taken by the permanent collegial management body of the self-regulatory organization on the basis of the recommendation of its body for reviewing cases to apply disciplinary measures against members of the self-regulatory organization to exclude this person from members of the self-regulatory organization and making a decision on such a complaint.

4. If the general meeting of members of a self-regulatory organization performs the functions of its permanent collegial governing body, general meetings of members of the self-regulatory organization are held at least once every three months.

Article 17. Permanent collegial governing body of a self-regulatory organization

1. The permanent collegial governing body of a self-regulatory organization is formed from among individuals- members of a self-regulatory organization and (or) representatives legal entities- members of a self-regulatory organization, as well as independent members.

2. For the purposes of this Federal Law, independent members are considered to be persons who are not associated labor relations with a self-regulatory organization and its members. Independent members must make up at least one third of the members of the permanent collegial governing body of a self-regulatory organization. Federal laws may establish other requirements for the number of independent members of a permanent collegial governing body of a self-regulatory organization.

3. An independent member of the permanent collegial management body of a self-regulatory organization must first declare in writing a conflict of interest that affects or may affect the objective consideration of issues included in the agenda of the meeting of the permanent collegial management body of a self-regulatory organization, and the adoption of decisions on them and when in which a conflict arises or may arise between the personal interests of the said independent member and the legitimate interests of the self-regulatory organization, which may lead to harm to these legitimate interests of the self-regulatory organization.

4. In the event of a violation by an independent member of a permanent collegial management body of a self-regulatory organization of the obligation to declare a conflict of interest and, in connection with this, harm to the legitimate interests of the self-regulatory organization, which are confirmed by a court decision, the general meeting of members of the self-regulatory organization makes a decision on the early termination of the powers of the independent member.

5. Each member of the permanent collegial governing body of a self-regulatory organization has one vote when voting.

6. A self-regulatory organization independently determines the quantitative composition of a permanent collegial management body, the procedure and conditions for its formation, activities, and decision-making.

7. The following issues fall within the competence of the permanent collegial management body of a self-regulatory organization:

1) approval of standards and rules of a self-regulatory organization, amendments to them;

2) creation of specialized bodies of a self-regulatory organization, approval of regulations on them and rules for the implementation of their activities;

3) appointment of an audit organization to audit the accounting and financial (accounting) reporting of a self-regulatory organization, making decisions on conducting audits of the activities of the executive body of a self-regulatory organization;

4) presentation to the general meeting of members of the self-regulatory organization of a candidate or candidates for appointment to the position of the executive body of the self-regulatory organization;

5) approval of the list of persons whose candidacies may be proposed as arbitrators for their selection by participants in disputes considered on their applications in an arbitration court formed by a self-regulatory organization;

6) making a decision to become a member of a self-regulatory organization or to be excluded from membership of a self-regulatory organization on the grounds provided for by the charter of the self-regulatory organization.

Article 18. Executive body of a self-regulatory organization

The competence of the executive body of a self-regulatory organization includes any issues of economic and other activities of the self-regulatory organization that are not within the competence of the general meeting of members of the self-regulatory organization and its permanent collegial governing body.

Article 19. Specialized bodies of a self-regulatory organization

1. The specialized bodies of a self-regulatory organization, which are mandatorily created by a permanent collegial management body of a self-regulatory organization, include:

1) a body that monitors compliance by members of a self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization;

2) the body for considering cases of application of disciplinary measures against members of a self-regulatory organization.

2. In addition to the specialized bodies of a self-regulatory organization specified in Part 1 of this article, decisions of the permanent collegial management body of a self-regulatory organization may provide for the creation of other specialized bodies on a temporary or permanent basis.

3. Each specialized body created by the permanent collegial management body of a self-regulatory organization acts on the basis of the relevant regulations approved by the permanent collegial management body of the self-regulatory organization.

4. Specialized bodies of a self-regulatory organization carry out their functions independently.

5. Based on the results carried out by the body monitoring compliance by members of the self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization, inspections of the activities of members of the self-regulatory organization, the body for considering cases of application of disciplinary measures against members of the self-regulatory organization considers complaints against the actions of members of the self-regulatory organization , as well as cases of violations by members of a self-regulatory organization in the implementation of their activities of the requirements of the standards and rules of the self-regulatory organization.

6. The body for reviewing cases of application of disciplinary measures against members of a self-regulatory organization sends recommendations on expulsion from members of the self-regulatory organization to the permanent collegial management body of the self-regulatory organization.

7. The procedure for considering cases of application of disciplinary measures against members of a self-regulatory organization is established by the general meeting of members of the self-regulatory organization.

Article 20. Maintaining the state register of self-regulatory organizations

1. Maintaining the state register of self-regulatory organizations is carried out by the authorized federal executive body exercising functions in the field state registration self-regulatory organizations, in the event that an authorized federal executive body has not been identified to exercise control (supervision) functions over the activities of self-regulatory organizations in the established field of activity.

2. If an authorized federal executive body has been identified that exercises the functions of control (supervision) over the activities of self-regulatory organizations in the established field of activity or regulation of the corresponding type of activity, the maintenance of the state register of self-regulatory organizations in the relevant field of activity is carried out by this authorized federal body.

3. The Government of the Russian Federation establishes the procedure for maintaining the state register of self-regulatory organizations.

4. The state register of self-regulatory organizations is maintained on paper and electronic media. If there is a discrepancy between records on paper and electronic media, records on paper take precedence.

5. Maintaining the state register of self-regulatory organizations on electronic media is carried out in accordance with unified organizational, methodological, software and technical principles ensuring the compatibility and interaction of this register with other federal information systems and networks.

6. Information contained in the state register of self-regulatory organizations is open and publicly available.

7. The amount of the fee for entering information into the state register of self-regulatory organizations and providing information contained in this register is established by the Government of the Russian Federation.

8. Information about a non-profit organization that meets the requirements established in Article 3 of this Federal Law is entered into the state register of self-regulatory organizations within seven working days from the date the non-profit organization submits an application to the authorized federal executive body specified in Part 1 or 2 of this article and the following documents:

1) a copy of the certificate of state registration of a non-profit organization;

2) a copy of the charter of the non-profit organization;

3) copies of documents certified by a non-profit organization confirming the state registration of its members - legal entities;

4) copies of certificates of state registration of its members certified by a non-profit organization - individual entrepreneurs;

5) a list of members of a non-profit organization indicating the type of business or professional activity they carry out, which is the subject of self-regulation for a self-regulatory organization;

6) documents confirming that a non-profit organization has the methods provided for by this Federal Law to ensure the liability of members of a non-profit organization to consumers of goods (work, services) produced and other persons;

7) copies of documents confirming the creation by a non-profit organization of specialized bodies provided for in Part 4 of Article 3 of this Federal Law, copies of regulations on such bodies and copies of documents on the composition of the persons participating in their work;

8) copies of the standards and rules of the self-regulatory organization provided for in paragraph 2 of part 3 of article 3 of this Federal Law;

9) other documents, the need to submit which to acquire the status of a self-regulatory organization is provided for by other federal laws.

9. The authorized federal executive body specified in part 1 or 2 of this article, within seven working days from the date of submission of the documents specified in part 8 of this article, enters information about the non-profit organization into the state register of self-regulatory organizations or makes a decision to refuse to enter information about a non-profit organization in the state register of self-regulatory organizations.

10. The basis for a decision to refuse to enter information about a non-profit organization into the state register of self-regulatory organizations is the submission by the non-profit organization of documents that do not comply with the list established in this article, as well as the failure to submit all documents established by part 8 of this article.

11. The decision to refuse to enter information about a non-profit organization into the state register of self-regulatory organizations may be appealed in court.

12. Federal laws may establish the specifics of maintaining the state register of self-regulatory organizations, including other terms for entering into the state register of self-regulatory organizations information about non-profit organizations uniting subjects of entrepreneurial or professional activities, as well as the specifics of the requirements imposed on non-profit organizations in relation to the composition and contents of documents submitted to the authorized federal executive body specified in parts 1 or 2 of this article.

13. Non-profit organizations, information about which is not entered in the prescribed manner in the state register of self-regulatory organizations, do not have the right to use the words “self-regulatory”, “self-regulation” and derivatives from the word “self-regulation” in their constituent and other documents, as well as in carrying out their activities. .

Article 21. Exclusion of information about a non-profit organization from the state register of self-regulatory organizations

1. The basis for exclusion of information about a non-profit organization from the state register of self-regulatory organizations by the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law is:

1) an application from a self-regulatory organization to exclude information about it from the state register of self-regulatory organizations;

2) liquidation or reorganization of a non-profit organization;

3) a court decision that has entered into legal force to exclude information about a non-profit organization from the state register of self-regulatory organizations on the basis of its non-compliance with the requirements of this Federal Law and other federal laws.

2. Exclusion of information about a non-profit organization from the state register of self-regulatory organizations on grounds other than those specified in Part 1 of this article is not allowed.

3. A non-profit organization is considered excluded from the state register of self-regulatory organizations and has ceased to operate as a self-regulatory organization from the date of submission of an application for exclusion of information about the non-profit organization from the state register of self-regulatory organizations to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal law, or from the date of entry into force of a court decision to exclude information about a non-profit organization from the state register of self-regulatory organizations, or from the date of liquidation or reorganization of a non-profit organization.

4. A self-regulatory organization that does not comply with the requirements of Article 3 of this Federal Law has the right to submit a statement of such non-compliance to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law. This application is submitted in writing to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law, indicating the date of occurrence of the basis for excluding information about the non-profit organization from the state register of self-regulatory organizations. A statement of non-compliance of a self-regulatory organization with the requirements of Article 3 of this Federal Law may be submitted to the authorized federal executive body specified in parts 1 or 2 of Article 20 of this Federal Law no more than once a year. Within two months from the date of receipt of this application, information about a non-profit organization cannot be excluded from the state register of self-regulatory organizations on the basis specified in this application. If, after the specified period, the self-regulatory organization does not submit to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law, evidence of bringing its status or activities into compliance with the requirements specified in Article 3 of this Federal Law, information about a non-profit organization is subject to exclusion from the state register of self-regulatory organizations.

Article 22. Interaction between self-regulatory organizations and authorized federal executive authorities

1. The authorized federal executive body, specified in part 1 or 2 of Article 20 of this Federal Law, sends to the self-regulatory organization information on the results of inspections carried out in the manner and in cases provided for by the legislation of the Russian Federation of the entrepreneurial or professional activities of members of the self-regulatory organization, for with the exception of information on the results of inspections during which no report was drawn up.

2. The authorized federal executive body, specified in Part 1 or 2 of Article 20 of this Federal Law, attracts self-regulatory organizations to participate in the discussion of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation, state programs on issues related to the subject of self-regulation.

3. A self-regulatory organization is obliged to send to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law:

1) standards and rules of the self-regulatory organization in accordance with the subject of self-regulation and changes made to them within seven working days after they were introduced by the permanent collegial governing body of the self-regulatory organization;

2) information about planned and conducted inspections of the activities of members of the self-regulatory organization and the results of these inspections.

4. The authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law shall not have the right to:

1) demand from the self-regulatory organization and its members information, the provision of which is not provided for by federal laws;

2) make decisions obliging the self-regulatory organization to carry out actions that violate federal laws and other regulatory legal acts adopted in accordance with them, or to refrain from carrying out lawful actions that are mandatory in accordance with the standards and rules of the self-regulatory organization;

3) demand changes or cancellations of decisions taken by the management bodies of a self-regulatory organization in accordance with their competence, as well as demand that these bodies make decisions regarding a member or members of a self-regulatory organization or a self-regulatory organization.

6. If the court makes a decision to exclude information about a non-profit organization from the state register of self-regulatory organizations on the basis of non-compliance of the self-regulatory organization or its activities with the requirements of this Federal Law and other federal laws, the corresponding non-profit organization that had the status of a self-regulatory organization does not have the right to re-apply for entering information about it into the state register of self-regulatory organizations within one year from the date of entry into force of the decision to exclude information about a non-profit organization from the state register of self-regulatory organizations.

Article 23. State control (supervision) over the activities of self-regulatory organizations

State control (supervision) over the activities of self-regulatory organizations is carried out in the manner established by federal laws.

Article 24. Participation of self-regulatory organizations in non-profit organizations

1. Self-regulatory organizations have the right to create associations (unions) in accordance with the legislation of the Russian Federation on non-profit organizations.

2. Associations (unions) of self-regulatory organizations can be created by them according to territorial, sectoral, intersectoral or other characteristics.

3. The decision on the participation of a self-regulatory organization in an association (union) of self-regulatory organizations is made by the general meeting of members of the self-regulatory organization in the manner established by its charter.

4. Members of the association (union) of self-regulatory organizations may transfer to the association (union) the functions of developing uniform standards and rules of self-regulatory organizations, requirements for membership of business or professional entities in self-regulatory organizations - members of the association (union), functions of resolving disputes in arbitration court, professional training and certification of employees of members of self-regulatory organizations, certification of goods (works, services) produced by them, as well as information disclosure.

5. The restrictions provided for in Article 14 of this Federal Law fully apply to the association (union) of self-regulatory organizations, its officials and other employees.

6. The charter of an association (union) of self-regulatory organizations may provide for additional property liability of the association (union) to consumers of goods (works, services) produced by members of self-regulatory organizations participating in the activities of the association (union) of self-regulatory organizations, at the expense of the compensation fund formed such self-regulatory organizations.

7. Self-regulatory organizations may be members of chambers of commerce and industry in accordance with the legislation of the Russian Federation on chambers of commerce and industry.

The president
Russian Federation
V. Putin

1. This Federal Law regulates relations arising in connection with the acquisition and termination of the status of self-regulatory organizations, the activities of self-regulatory organizations uniting subjects of entrepreneurial or professional activities, the interaction of self-regulatory organizations and their members, consumers of goods (works, services) produced by them, federal bodies executive power, executive bodies of the constituent entities of the Russian Federation, local government bodies.

No. 148-FZ, Part 2, Article 1 of this Federal Law has been amended

2. Features of the acquisition, termination of the status of self-regulatory organizations, the legal status of self-regulatory organizations, the activities of self-regulatory organizations, the procedure for admission to membership in a self-regulatory organization and termination of membership in a self-regulatory organization, the procedure for self-regulatory organizations to exercise control over the activities of their members and the application of disciplinary measures by self-regulatory organizations against of its members, as well as the procedure for exercising state control (supervision) over compliance by self-regulatory organizations uniting subjects of business or professional activities of certain types with the requirements of the legislation of the Russian Federation regulating the activities of these entities, and the legislation of the Russian Federation on self-regulatory organizations may be established by federal laws.

3. This Federal Law does not apply to self-regulatory organizations of professional participants in the securities market, joint-stock investment funds, management companies and specialized depositories of investment funds, mutual investment funds and non-state pension funds, housing savings cooperatives, non-state pension funds, credit organizations, credit bureaus stories. Relations arising in connection with the acquisition or termination of the status of such self-regulatory organizations, their activities, as well as in connection with the interaction of such self-regulatory organizations and their members, consumers of their services (works), federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies are determined by federal laws regulating the relevant type of activity.

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

Federal Law No. 148-FZ of July 22, 2008 amended Part 3 of Article 2 of this Federal Law

3. For the purposes of this Federal Law, business entities are understood to be individual entrepreneurs and legal entities registered in the prescribed manner and carrying out entrepreneurial activities defined in accordance with the Civil Code of the Russian Federation, and subjects of professional activities are individuals carrying out professional activities regulated in in accordance with federal laws.

No. 148-FZ Article 3 of this Federal Law has been amended

Article 3. Self-regulatory organizations

1. 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 (work, services) or the market for produced goods (work, services) or uniting subjects of professional activity of a certain type.

2. The unification in one self-regulatory organization of subjects of entrepreneurial activity and subjects of professional activity of a certain type may be provided for by federal laws.

3. A self-regulatory organization is recognized as a non-profit organization created in accordance with the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”, provided that it meets all the requirements established by this Federal Law. These requirements, in addition to those established in Part 1 of this article, include:

2) the presence of standards and rules of entrepreneurial or professional activity that are mandatory for all members of the self-regulatory organization;

3) provision by the 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 this Federal Law.

4. 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 against members self-regulatory organization of disciplinary measures provided for by the internal documents of the self-regulatory organization.

5. The requirements provided for in paragraphs 1-3 of part 3 of this article and presented to self-regulatory organizations, and the requirements presented to non-profit organizations for recognition as self-regulatory organizations, are mandatory, unless otherwise established by federal law. Federal laws may establish other requirements for non-profit organizations that unite subjects of business or professional activities for recognition as self-regulatory organizations, and may also establish increased requirements in comparison with the requirements for self-regulatory organizations specified in this Federal Law.

6. A non-profit organization acquires the status of a self-regulatory organization from the date of entering information about the 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 the non-profit organization from the specified register.

Federal Law of July 22, 2008 No. 148-FZ Article 4 of this Federal Law has been amended

Article 4. Subject of self-regulation, standards and rules of self-regulatory organizations

1. The subject of self-regulation is the entrepreneurial or professional activities of entities united in self-regulatory organizations.

2. A self-regulatory organization develops and approves standards and rules for entrepreneurial or professional activities (hereinafter referred to as the standards and rules of the self-regulatory organization), which are understood as requirements for the implementation of entrepreneurial or professional activities that are mandatory for all members of the self-regulatory organization. Federal laws may establish other requirements, standards and rules, as well as specifics of the content, development and establishment of standards and rules of self-regulatory organizations for certain types of business or professional activities.

5. A self-regulatory organization must establish disciplinary measures against members of a self-regulatory organization for violating the requirements of the standards and rules of a self-regulatory organization, as well as ensure information openness of the activities of members of a self-regulatory organization affecting the rights and legitimate interests of any persons.

6. The standards and rules of a self-regulatory organization must comply with the rules of business ethics, eliminate or reduce the conflict of interests of members of the self-regulatory organization, their employees and members of the permanent collegial governing body of the self-regulatory organization.

Federal Law of July 22, 2008 No. 148-FZ Part 2 of Article 5 of this Federal Law has been amended

Article 5. Membership of business or professional entities in self-regulatory organizations

1. Membership of business or professional entities in self-regulatory organizations is voluntary.

2. Federal laws may provide for cases of mandatory membership of subjects of business or professional activities in self-regulatory organizations.

3. An entity engaged in various types of business or professional activities may be a member of several self-regulatory organizations if such self-regulatory organizations unite subjects of business or professional activities of the relevant types.

Federal Law of July 22, 2008 No. 148-FZ Article 6 of this Federal Law has been amended

Article 6. Main functions, rights and obligations of a self-regulatory organization

1. A self-regulatory organization shall perform the following main functions:

1) develops and establishes the conditions for membership of business or professional entities in a self-regulatory organization;

2) applies disciplinary measures provided for by this Federal Law and internal documents of the self-regulatory organization in relation to its members;

4) carries out an analysis of the activities of 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 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;

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 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.

2. A self-regulatory organization, along with the main functions established by part 1 of this article, has the right to perform other functions provided for by federal laws and the charter of a non-profit organization.

3. A self-regulatory organization has the right:

1) has become invalid;

4. A self-regulatory organization, along with the rights specified in Part 3 of this article, has other rights, unless restrictions on its rights are provided for by federal law and (or) its constituent documents.

5. A self-regulatory organization is obliged to perform the functions of a self-regulatory organization provided for in paragraphs 1, 2, 4, 7 - 9 of part 1 of this article.

Federal Law of July 22, 2008 No. 148-FZ Article 7 of this Federal Law has been amended

Article 7. Providing access to information by a self-regulatory organization and protecting information from its misuse by a self-regulatory organization

1. A self-regulatory organization, through publication in the media and (or) placement in information and telecommunication networks, is obliged to provide access to information:

1) on the composition of its members;

2) on the conditions, methods and procedure for ensuring the responsibility of members of a self-regulatory organization to consumers of the goods (works, services) produced by them and other persons;

4) on the conditions of membership in a self-regulatory organization;

5) on the content of the standards and rules of the self-regulatory organization;

6) on the structure and competence of management bodies and specialized bodies of a self-regulatory organization;

7) on decisions made by the general meeting of members of the self-regulatory organization and the permanent collegial governing body of the self-regulatory organization;

9) about any claims and statements filed by the self-regulatory organization in the courts;

10) on the composition and value of the property of the compensation fund of the self-regulatory organization;

11) about certificates issued to members of a self-regulatory organization or their employees based on training results, if the self-regulatory organization carries out certification of employees of members of such a self-regulatory organization;

12) on the progress and results of the examination of a normative legal act, in which the self-regulatory organization took part;

13) on the results of inspections of the activities of members of the self-regulatory organization conducted by the self-regulatory organization;

14) on the annual financial statements of the self-regulatory organization and the results of its audit;

15) other information provided for by federal laws and the self-regulatory organization.

2. A self-regulatory organization submits information to federal executive authorities in the manner established by the legislation of the Russian Federation.

3. A self-regulatory organization, along with the disclosure of information established by part 1 of this article, has the right to disclose other information about its activities and the activities of its members in the manner established by internal documents, if such disclosure does not entail a violation of the procedure and conditions for access to information constituting a commercial secret, as well as the emergence of a conflict of interests of a self-regulatory organization and the interests of its members and is determined by the self-regulatory organization as a reasonable measure to improve the quality of self-regulation and information openness of the activities of the self-regulatory organization and its members.

4. Unless otherwise established by federal law, a self-regulatory organization, in accordance with the provisions of Part 1 of this article, independently establishes methods for disclosing information, taking into account that the disclosed information should be available to the largest number of consumers of goods (works, services) produced by members of the self-regulatory organization. , as well as shareholders, investors and creditors of members of the self-regulatory organization.

5. A self-regulatory organization must provide for methods of obtaining, using, processing, storing and protecting information, the unlawful use of which by employees of a self-regulatory organization may cause moral harm and (or) property damage to members of the self-regulatory organization or create preconditions for causing such harm and (or) damage .

Federal Law of July 22, 2008 No. 148-FZ Article 8 of this Federal Law has been amended

Article 8. Interested parties. Conflict of interest

5. Measures to prevent or resolve conflicts of interest are established by the charter of a non-profit organization, standards and rules of a self-regulatory organization.

Federal Law of July 22, 2008 No. 148-FZ Article 9 of this Federal Law has been amended

Article 9. Control of a self-regulatory organization over the activities of its members

1. Control over the implementation of entrepreneurial or professional activities by members of a self-regulatory organization is carried out by the self-regulatory organization through scheduled and unscheduled inspections.

2. The subject of a scheduled inspection is compliance by members of a self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization, and the conditions of membership in the self-regulatory organization. The duration of a scheduled inspection is established by the permanent collegial management body of the self-regulatory organization.

3. A scheduled inspection is carried out at least once every three years and no more than once a year.

5. A self-regulatory organization may provide, in addition to the grounds specified in Part 4 of this article, other grounds for conducting an unscheduled inspection.

6. During an unscheduled inspection, only the facts specified in the complaint or facts subject to verification ordered for other reasons are subject to investigation.

8. If a member of a self-regulatory organization is found to have violated the requirements of the standards and rules of the self-regulatory organization, the conditions of membership in the self-regulatory organization, the inspection materials are transferred to the body for considering cases of applying disciplinary measures against members of the self-regulatory organization.

10. A self-regulatory organization bears responsibility to its members in the manner established by the legislation of the Russian Federation and the charter of a non-profit organization for unlawful actions of employees of the self-regulatory organization when they exercise control over the activities of members of the self-regulatory organization.

1) issuing an order obliging a member of a self-regulatory organization to eliminate identified violations and establishing a deadline for eliminating such violations;

2) issuing a warning to a member of a self-regulatory organization;

3) imposition of a fine on a member of a self-regulatory organization;

5) other measures established by the internal documents of the self-regulatory organization.

5. The decisions provided for in paragraphs 1-3 and 5 of part 4 of this article are made by a majority vote of the members of the body for considering cases of applying disciplinary measures against members of a self-regulatory organization and come into force from the moment they are adopted by the said body. The decision provided for in paragraph 4 of part 4 of this article may be made by no less than seventy-five percent of the votes of the members of the body for considering cases on the application of disciplinary measures against members of a self-regulatory organization.

Federal Law of July 22, 2008 No. 148-FZ Article 12 of this Federal Law has been amended

Article 12. Sources of formation of property of self-regulatory organizations

1. The sources of formation of the property of a self-regulatory organization are:

1) regular and one-time receipts from members of a self-regulatory organization (entrance, membership and targeted fees);

2) voluntary property contributions and donations;

3) funds received from the provision of services for the provision of information, the disclosure of which may be carried out on a paid basis;

4) funds received from the provision of educational services related to entrepreneurial activities, commercial or professional interests of members of a self-regulatory organization;

5) funds received from the sale of information materials related to entrepreneurial activities, commercial or professional interests of members of the self-regulatory organization;

6) income received from placing funds on bank deposits;

7) other sources not prohibited by law.

2. Federal laws may establish restrictions on the sources of income received by self-regulatory organizations.

3. The procedure for regular and one-time receipts from members of a self-regulatory organization is determined by the internal documents of the self-regulatory organization, approved by the general meeting of members of the self-regulatory organization, unless otherwise provided by federal law or the charter of the non-profit organization.

4. Maintaining accounting records and financial (accounting) statements of a self-regulatory organization is subject to mandatory audit.

Federal Law of July 22, 2008 No. 148-FZ Article 13 of this Federal Law has been amended

Article 13. Methods of ensuring property liability of members of a self-regulatory organization to consumers of goods (works, services) produced by them and other persons

1) creation of a system of personal and (or) collective insurance;

2) formation of a compensation fund.

2. The compensation fund is initially formed exclusively in cash from contributions from members of a self-regulatory organization in the amount of no less than three thousand rubles for each member.

4. Federal laws may establish requirements other than those provided for by this Federal Law for the procedure for forming a compensation fund of a self-regulatory organization, its minimum size, allocation of funds from such a fund, and liability insurance for members of a self-regulatory organization.

5. The allocation of funds from the compensation fund for the purpose of their preservation and growth and the investment of such funds are carried out through management companies, unless otherwise established by federal law.

8. A self-regulatory organization has the right to enter into agreements only with management companies and a specialized depository that are selected based on the results of a competition held in the manner established by the internal documents of the self-regulatory organization.

9. No more than ten percent of the compensation fund can be invested in real estate.

10. At least ten percent of the compensation fund must be invested in government securities of the Russian Federation.

11. Additional requirements for the composition and structure of the compensation fund are determined by the investment declaration adopted by the self-regulatory organization.

12. A self-regulatory organization, in accordance with federal laws, within the limits of the compensation fund of the self-regulatory organization, is liable for the obligations of its member arising as a result of harm caused by defects in goods (works, services) produced by the member of the self-regulatory organization.

Federal Law of July 22, 2008 No. 148-FZ Part 6 of Article 14 of this Federal Law has been amended

Article 14. Restrictions on the rights of a self-regulatory organization, its officials and other employees

1. A self-regulatory organization does not have the right to carry out entrepreneurial activities.

3. A self-regulatory organization does not have the right to carry out the following actions and enter into the following transactions, unless otherwise provided by federal laws:

1) provide property belonging to it as collateral to ensure the fulfillment of obligations of other persons;

2) issue guarantees for persons other than their employees;

4) ensure the fulfillment of their obligations by pledging the property of their members, guarantees and sureties issued by them;

5) act as an intermediary (commission agent, agent) for the sale of goods (works, services) produced by members of a self-regulatory organization;

6) make other transactions in cases provided for by other federal laws.

4. A person performing the functions of the sole executive body of a self-regulatory organization shall not have the right to:

1) acquire securities whose issuers or debtors are members of a self-regulatory organization, their subsidiaries and dependent companies;

2) enter into any property insurance agreements, loan agreements, guarantee agreements with members of the self-regulatory organization, their subsidiaries and dependent companies;

3) carry out business activities as an individual entrepreneur that are the subject of self-regulation for this self-regulatory organization;

6. Federal laws, the charter of a non-profit organization or other requirements established by it may provide for the imposition on a self-regulatory organization or its employees of additional restrictions aimed at eliminating circumstances entailing the emergence of a conflict of interest established by Part 3 of this Federal Law, the threat of misuse by employees of a self-regulatory organization information about the activities of members of a self-regulatory organization that has become known to them due to their official position.

1. The governing bodies of a self-regulatory organization are:

1) general meeting of members of a self-regulatory organization;

2) a permanent collegial governing body of a self-regulatory organization;

3) executive body of a self-regulatory organization.

2. In a self-regulatory organization, the functions of a permanent collegial governing body may be performed by a general meeting of members of the self-regulatory organization.

Federal Law of July 22, 2008 No. 148-FZ Article 16 of this Federal Law has been amended

Article 16. General meeting of members of a self-regulatory organization

1. The general meeting of members of a self-regulatory organization is the highest governing body of a self-regulatory organization, authorized to consider issues of the activities of a self-regulatory organization within its competence by this Federal Law, other federal laws and the charter of a non-profit organization.

2. The general meeting of members of a self-regulatory organization is convened at intervals and in the manner established by the charter of the self-regulatory organization, but at least once a year.

3. The following issues fall within the competence of the general meeting of members of a self-regulatory organization:

1) approval of the charter of a non-profit organization, amendments to it;

3) appointment to a position of a person performing the functions of the sole executive body of a self-regulatory organization, early dismissal of such a person from office;

5) determination of priority areas of activity of a self-regulatory organization, principles of formation and use of its property;

6) approval of the report of the permanent collegial management body of the self-regulatory organization and the executive body of the self-regulatory organization;

7) approval of the estimate of the self-regulatory organization, amendments to it, approval of the annual financial statements of the self-regulatory organization;

8) making a decision on the voluntary exclusion of information about a self-regulatory organization from the state register of self-regulatory organizations;

9) making a decision on the reorganization or liquidation of a non-profit organization, appointing a liquidator or liquidation commission;

11) making other decisions in accordance with federal laws and the charter of a non-profit organization.

3.1. The issues provided for in paragraphs 1, 2, 4 - 10 of part 3 of this article cannot be attributed by the charter of a non-profit organization to the competence of other management bodies of the self-regulatory organization.

Federal Law of July 22, 2008 No. 148-FZ Article 17 of this Federal Law has been amended

Article 17. Permanent collegial governing body of a self-regulatory organization

1. The permanent collegial governing body of a self-regulatory organization is formed from among individuals - members of the self-regulatory organization and (or) representatives of legal entities - members of the self-regulatory organization, as well as independent members.

2. For the purposes of this Federal Law, independent members are persons who are not associated with labor relations with a self-regulatory organization or its members. Independent members must make up at least one third of the members of the permanent collegial governing body of a self-regulatory organization. Federal laws may establish other requirements for the number of independent members of a permanent collegial governing body of a self-regulatory organization.

5. Each member of the permanent collegial governing body of a self-regulatory organization has one vote when voting.

6. The quantitative composition of the permanent collegial governing body of a self-regulatory organization, the procedure and conditions for its formation, its activities, and the adoption of decisions by this body are established by the charter of the non-profit organization.

7. Unless otherwise established by federal law, the following issues fall within the competence of the permanent collegial management body of a self-regulatory organization:

1) approval of standards and rules of a self-regulatory organization, amendments to them;

2) creation of specialized bodies of a self-regulatory organization, approval of regulations on them and rules for the implementation of their activities;

7) other issues provided for by the charter of a non-profit organization.

8. Issues provided for in paragraphs 1 and 2 of part 7 of this article by the charter of a non-profit organization may be within the competence of the general meeting of members of a self-regulatory organization.

1. The specialized bodies of a self-regulatory organization, which are mandatorily created by a permanent collegial management body of a self-regulatory organization, include:

1) a body that monitors compliance by members of a self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization;

2) the body for considering cases of application of disciplinary measures against members of a self-regulatory organization.

4. Specialized bodies of a self-regulatory organization carry out their functions independently.

5. Based on the results of inspections of the activities of members of the self-regulatory organization carried out by the body that monitors compliance by members of the self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization, the body for considering cases of the application of disciplinary measures against members of the self-regulatory organization considers complaints against the actions of members of the self-regulatory organization, and also cases of violations by members of a self-regulatory organization when carrying out their activities of the requirements of the standards and rules of the self-regulatory organization.

Federal Law of July 22, 2008 No. 148-FZ

Article 20. Maintaining the state register of self-regulatory organizations

Federal Law of April 28, 2009 amended Part 1 of Article 20 of this Federal Law

1. Maintaining the state register of self-regulatory organizations is carried out by a federal executive body authorized by the Government of the Russian Federation in the event that an authorized federal executive body has not been identified to exercise the functions of control (supervision) over the activities of self-regulatory organizations in the established field of activity.

2. If an authorized federal executive body has been identified that exercises the functions of control (supervision) over the activities of self-regulatory organizations in the established field of activity, the maintenance of the state register of self-regulatory organizations in the relevant field of activity is carried out by this authorized federal body.

Federal Law No. 160-FZ of July 23, 2008 introduced amendments to Part 3 of Article 20 of this Federal Law, which come into force on January 1, 2009.

3. The federal executive body authorized by the Government of the Russian Federation establishes the procedure for maintaining the state register of self-regulatory organizations.

5. Maintaining the state register of self-regulatory organizations on electronic media is carried out in accordance with unified organizational, methodological, software and technical principles that ensure compatibility and interaction of this register with other federal information systems and networks.

6. Information contained in the state register of self-regulatory organizations is open and publicly available.

By the Federal Law of December 27, 2009, paragraph 7 of Article 20 of this Federal Law is stated in a new wording, which comes into force after one month from the date of official publication of the said Federal Law

7. For entering information into the state register of self-regulatory organizations, a state fee is paid in the amounts and in the manner established by the legislation of the Russian Federation on taxes and fees.

1) a copy of the certificate of state registration of a non-profit organization;

2) a copy of the charter of the non-profit organization;

3) copies of documents certified by a non-profit organization confirming the state registration of its members - legal entities;

4) copies of certificates of state registration of its members - individual entrepreneurs, certified by a non-profit organization;

5) a list of members of the non-profit organization indicating the type(s) of entrepreneurial or professional activities they carry out, which are the subject of self-regulation for the self-regulatory organization;

7) copies of documents confirming the creation by a non-profit organization of specialized bodies provided for in Part 4 of this Federal Law, copies of regulations on such bodies and copies of documents on the composition of the persons participating in their work;

8) copies of the standards and rules of the self-regulatory organization provided for in paragraph 2 of part 3 of this Federal Law;

9) other documents, the need to submit which to acquire the status of a self-regulatory organization is provided for by other federal laws.

10. The grounds for a decision to refuse to enter information about a non-profit organization into the state register of self-regulatory organizations are the non-compliance of the non-profit organization with the requirements provided for in Part 3 of Article 3 of this Federal Law or other federal laws for the number of members of the self-regulatory organization and (or) the size of the compensation fund of the self-regulatory organization organization, submission by a non-profit organization of documents that do not comply with the list established in this article, failure to submit all documents established by part 8 of this article, as well as in the case specified in part 6 of this Federal Law.

11. The decision to refuse to enter information about a non-profit organization into the state register of self-regulatory organizations may be appealed in court.

13. Non-profit organizations, information about which is not entered in the prescribed manner in the state register of self-regulatory organizations, do not have the right to use the words “self-regulatory”, “self-regulation” and derivatives of the word “self-regulation” in their name, as well as in carrying out their activities.

Federal Law of July 22, 2008 No. 148-FZ Part 4 of Article 21 of this Federal Law has been amended

Article 21. Exclusion of information about a non-profit organization from the state register of self-regulatory organizations

1) an application from a self-regulatory organization to exclude information about it from the state register of self-regulatory organizations;

2) liquidation or reorganization of a non-profit organization;

2. Exclusion of information about a non-profit organization from the state register of self-regulatory organizations on grounds other than those specified in Part 1 of this article is not allowed.

3. A non-profit organization is considered excluded from the state register of self-regulatory organizations and has ceased to operate as a self-regulatory organization from the date of submission of an application for exclusion of information about the non-profit organization from the state register of self-regulatory organizations to the authorized federal executive body specified in Part 1 or 2 of this Federal Law, either from the date of entry into force of a court decision to exclude information about a non-profit organization from the state register of self-regulatory organizations, or from the date of liquidation or reorganization of a non-profit organization.

4. A self-regulatory organization that does not comply with the requirements of this Federal Law or the requirements established by other federal laws for the number of members of a self-regulatory organization or the size of its compensation fund is obliged to submit a statement of such non-compliance to the authorized federal executive body specified in Part 1 or 2 of this Federal Law . This application is submitted in writing to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law, indicating the date of occurrence of the basis for excluding information about the non-profit organization from the state register of self-regulatory organizations. A statement of non-compliance of a self-regulatory organization with the requirements of this Federal Law may be submitted to the authorized federal executive body specified in parts 1 or 2 of Article 20 of this Federal Law no more than once a year. Within two months from the date of receipt of this application, information about a non-profit organization cannot be excluded from the state register of self-regulatory organizations on the basis specified in this application. If, after the specified period, the self-regulatory organization does not submit to the authorized federal executive body specified in Part 1 or 2 of this Federal Law, evidence of bringing its status or activities into compliance with the requirements specified in Article 3 of this Federal Law, information about non-profit organizations are subject to exclusion from the state register of self-regulatory organizations.

Federal Law of July 22, 2008 No. 148-FZ Article 20 of this Federal Law has been amended

Article 22. Interaction between self-regulatory organizations and authorized federal executive authorities

3. A self-regulatory organization is obliged to send to the authorized federal executive body specified in Part 1 or 2 of this Federal Law:

1) standards and rules of the self-regulatory organization, conditions for membership in it in accordance with the subject of self-regulation and changes made to them within seven working days after they were introduced by the permanent collegial governing body of the self-regulatory organization;

2) information about planned and conducted inspections of the activities of members of the self-regulatory organization and the results of these inspections.

4. The authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law shall not have the right to:

1) demand from the self-regulatory organization and its members information, the provision of which is not provided for by federal laws;

5. The authorized federal executive body specified in Part 1 or 2 of this Federal Law has the right to apply to the court with a request to exclude information about a non-profit organization from the state register of self-regulatory organizations in the event of a non-compliance of the self-regulatory organization with the requirements provided for in Part 3 of Article 3 of this Federal Law , as well as in the event of violation of other requirements of this Federal Law or the requirements of other federal laws in relation to a self-regulatory organization more than twice during the year, if these violations are not eliminated or are irreparable.

State control (supervision) over the activities of self-regulatory organizations is carried out in the manner established by federal laws.

Federal Law of July 22, 2008 No. 148-FZ Article 24 of this Federal Law has been amended

Article 24. Participation of self-regulatory organizations in non-profit organizations

1. Self-regulatory organizations have the right to create associations (unions) in accordance with the legislation of the Russian Federation on non-profit organizations.

2. Associations (unions) of self-regulatory organizations can be created by them according to territorial, sectoral, intersectoral or other characteristics.

4. Members of an association (union) of self-regulatory organizations may transfer to the association (union) the rights to develop uniform standards and rules of self-regulatory organizations, conditions for membership of business or professional entities in self-regulatory organizations - members of the association (union), to resolve disputes in arbitration, for professional training and certification of employees of members of self-regulatory organizations, for certification of goods (works, services) produced by them, for disclosure of information, as well as other rights of self-regulatory organizations.

5. The restrictions provided for by this Federal Law fully apply to the association (union) of self-regulatory organizations, its officials and other employees.

7. Self-regulatory organizations may be members of chambers of commerce and industry in accordance with the legislation of the Russian Federation on chambers of commerce and industry, as well as members of other non-profit organizations.

President of the Russian FederationV. Putin

Moscow Kremlin

RUSSIAN FEDERATION

THE FEDERAL LAW

ABOUT SELF-REGULATORY ORGANIZATIONS

State Duma

Federation Council

(as amended by Federal Laws dated July 22, 2008 N 148-FZ,

dated July 23, 2008 N 160-FZ, dated April 28, 2009 N 62-FZ,

dated December 27, 2009 N 374-FZ, dated July 27, 2010 N 240-FZ,

dated July 1, 2011 N 169-FZ, dated November 21, 2011 N 327-FZ,

dated 03.12.2011 N 383-FZ, dated 25.06.2012 N 93-FZ)

Article 1. Subject of regulation and scope of this Federal Law

1. This Federal Law regulates relations arising in connection with the acquisition and termination of the status of self-regulatory organizations, the activities of self-regulatory organizations uniting subjects of entrepreneurial or professional activities, the interaction of self-regulatory organizations and their members, consumers of goods (works, services) produced by them, federal bodies executive power, executive bodies of the constituent entities of the Russian Federation, local government bodies.

2. Features of the acquisition, termination of the status of self-regulatory organizations, the legal status of self-regulatory organizations, the activities of self-regulatory organizations, the procedure for admission to membership in a self-regulatory organization and termination of membership in a self-regulatory organization, the procedure for self-regulatory organizations to exercise control over the activities of their members and the application of disciplinary measures by self-regulatory organizations against of its members, as well as the procedure for state supervision over compliance by self-regulatory organizations uniting subjects of business or professional activities of certain types, the requirements of the legislation of the Russian Federation regulating the activities of these entities, and the legislation of the Russian Federation on self-regulatory organizations may be established by federal laws.

3. This Federal Law does not apply to self-regulatory organizations of professional participants in the securities market, joint-stock investment funds, management companies and specialized depositories of investment funds, mutual investment funds and non-state pension funds, housing savings cooperatives, non-state pension funds, credit organizations, credit bureaus stories. Relations arising in connection with the acquisition or termination of the status of such self-regulatory organizations, their activities, as well as in connection with the interaction of such self-regulatory organizations and their members, consumers of their services (works), federal executive authorities, executive authorities of constituent entities of the Russian Federation, local government bodies are determined by federal laws regulating the relevant type of activity.

Article 2. The concept of self-regulation

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

Article 3. Self-regulatory organizations

(as amended by Federal Law No. 148-FZ of July 22, 2008)

2. The unification in one self-regulatory organization of subjects of entrepreneurial activity and subjects of professional activity of a certain type may be provided for by federal laws.

3. A self-regulatory organization is recognized as a non-profit organization created in accordance with the Civil Code of the Russian Federation and Federal Law No. 7-FZ of January 12, 1996 “On Non-Profit Organizations”, provided that it meets all the requirements established by this Federal Law. These requirements, in addition to those established in Part 1 of this article, include:

(as amended by Federal Law No. 148-FZ of July 22, 2008)

2) the presence of standards and rules of entrepreneurial or professional activity that are mandatory for all members of the self-regulatory organization;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

5. The requirements provided for in paragraphs 1 - 3 of part 3 of this article and presented to self-regulatory organizations, and the requirements presented to non-profit organizations for recognition as self-regulatory organizations, are mandatory, unless otherwise established by federal law. Federal laws may establish other requirements for non-profit organizations that unite subjects of business or professional activities for recognition as self-regulatory organizations, and may also establish increased requirements in comparison with the requirements for self-regulatory organizations specified in this Federal Law.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 4. Subject of self-regulation, standards and rules of self-regulatory organizations

1. The subject of self-regulation is the entrepreneurial or professional activities of entities united in self-regulatory organizations.

2. A self-regulatory organization develops and approves standards and rules for entrepreneurial or professional activities (hereinafter referred to as the standards and rules of the self-regulatory organization), which are understood as requirements for the implementation of entrepreneurial or professional activities that are mandatory for all members of the self-regulatory organization. Federal laws may establish other requirements, standards and rules, as well as features of the content, development and establishment of standards and rules of self-regulatory organizations.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 5. Membership of business or professional entities in self-regulatory organizations

1. Membership of business or professional entities in self-regulatory organizations is voluntary.

2. Federal laws may provide for cases of mandatory membership of subjects of business or professional activities in self-regulatory organizations.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 6. Main functions, rights and obligations of a self-regulatory organization

1. A self-regulatory organization shall perform the following main functions:

1) develops and establishes the conditions for membership of business or professional entities in a self-regulatory organization;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

2) applies disciplinary measures provided for by this Federal Law and internal documents of the self-regulatory organization in relation to its members;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

(Clause 8 introduced by Federal Law dated July 22, 2008 N 148-FZ)

(Clause 9 introduced by Federal Law dated July 22, 2008 N 148-FZ)

(Part two as amended by Federal Law dated July 22, 2008 N 148-FZ)

3. A self-regulatory organization has the right:

(as amended by Federal Law No. 148-FZ of July 22, 2008)

1) has become invalid. - the federal law dated July 22, 2008 N 148-FZ;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

5. A self-regulatory organization is obliged to perform the functions of a self-regulatory organization provided for in paragraphs 1, , - 9 of part 1 of this article.

(Part five as amended by Federal Law No. 148-FZ dated July 22, 2008)

Article 7. Providing access to information by a self-regulatory organization and protecting information from its misuse by a self-regulatory organization

1. A self-regulatory organization, through publication in the media and (or) placement in information and telecommunication networks, is obliged to provide access to information:

1) on the composition of its members;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

4) on the conditions of membership in a self-regulatory organization;

6) on the structure and competence of management bodies and specialized bodies of a self-regulatory organization;

7) on decisions made by the general meeting of members of the self-regulatory organization and the permanent collegial governing body of the self-regulatory organization;

(Clause 7 as amended by Federal Law dated July 22, 2008 N 148-FZ)

(as amended by Federal Law No. 148-FZ of July 22, 2008)

9) about any claims and statements filed by the self-regulatory organization in the courts;

10) on the composition and value of the property of the compensation fund of the self-regulatory organization;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

12) on the progress and results of the examination of a normative legal act, in which the self-regulatory organization took part;

13) on the results of inspections of the activities of members of the self-regulatory organization conducted by the self-regulatory organization;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

14) on the annual financial statements of the self-regulatory organization and the results of its audit;

15) other information provided for by federal laws and the self-regulatory organization.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

2. A self-regulatory organization submits information to federal executive authorities in the manner established by the legislation of the Russian Federation.

3. A self-regulatory organization, along with the disclosure of information established by part 1 of this article, has the right to disclose other information about its activities and the activities of its members in the manner established by internal documents, if such disclosure does not entail a violation of the procedure and conditions for access to information constituting a commercial secret, as well as the emergence of a conflict of interests of a self-regulatory organization and the interests of its members and is determined by the self-regulatory organization as a reasonable measure to improve the quality of self-regulation and information openness of the activities of the self-regulatory organization and its members.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 8. Interested parties. Conflict of interest

(as amended by Federal Law No. 148-FZ of July 22, 2008)

5. Measures to prevent or resolve conflicts of interest are established by the charter of a non-profit organization, standards and rules of a self-regulatory organization.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 9. Control of a self-regulatory organization over the activities of its members

(as amended by Federal Law No. 148-FZ of July 22, 2008)

2. The subject of a scheduled inspection is compliance by members of a self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization, and the conditions of membership in the self-regulatory organization. The duration of a scheduled inspection is established by the permanent collegial management body of the self-regulatory organization.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

3. A scheduled inspection is carried out at least once every three years and no more than once a year.

5. A self-regulatory organization may provide, in addition to the grounds specified in Part 4 of this article, other grounds for conducting an unscheduled inspection.

6. During an unscheduled inspection, only the facts specified in the complaint or facts subject to verification ordered for other reasons are subject to investigation.

8. If a violation by a member of a self-regulatory organization of the requirements of the standards and rules of the self-regulatory organization, the conditions of membership in the self-regulatory organization is revealed, the inspection materials are transferred to the body for considering cases of applying disciplinary measures against members of the self-regulatory organization.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 10. The procedure for applying disciplinary measures against members of a self-regulatory organization

1. The body for considering cases of application of disciplinary measures against members of a 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 standards and rules of entrepreneurial or professional activity, conditions of membership in a self-regulatory organization.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

1) issuing an order obliging a member of a self-regulatory organization to eliminate identified violations and establishing a deadline for eliminating such violations;

2) issuing a warning to a member of a self-regulatory organization;

3) imposition of a fine on a member of a self-regulatory organization;

5) other measures established by the internal documents of the self-regulatory organization.

5. The decisions provided for in paragraphs 1 - and 5 of part 4 of this article are made by a majority vote of the members of the body for considering cases on the application of disciplinary measures against members of a self-regulatory organization and come into force from the moment they are adopted by the said body. The decision provided for in paragraph 4 of part 4 of this article may be made by no less than seventy-five percent of the votes of the members of the body for considering cases on the application of disciplinary measures against members of a self-regulatory organization.

Article 11. Appeal against actions (inaction) of a self-regulatory organization, decisions of its management bodies

Article 12. Sources of formation of property of self-regulatory organizations

1. The sources of formation of the property of a self-regulatory organization are:

1) regular and one-time receipts from members of a self-regulatory organization (entrance, membership and targeted fees);

2) voluntary property contributions and donations;

3) funds received from the provision of services for the provision of information, the disclosure of which may be carried out on a paid basis;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

4) funds received from the provision of educational services related to entrepreneurial activities, commercial or professional interests of members of a self-regulatory organization;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

5) funds received from the sale of information materials related to entrepreneurial activities, commercial or professional interests of members of the self-regulatory organization;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

6) income received from placing funds on bank deposits;

7) other sources not prohibited by law.

2. Federal laws may establish restrictions on the sources of income received by self-regulatory organizations.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

4. Maintaining accounting records and financial (accounting) statements of a self-regulatory organization is subject to mandatory audit.

Article 13. Methods of ensuring property liability of members of a self-regulatory organization to consumers of goods (works, services) produced by them and other persons

1) creation of a system of personal and (or) collective insurance;

2) formation of a compensation fund.

2. The compensation fund is initially formed exclusively in cash from contributions from members of a self-regulatory organization in the amount of no less than three thousand rubles for each member.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

9. No more than ten percent of the compensation fund can be invested in real estate.

10. At least ten percent of the compensation fund must be invested in government securities of the Russian Federation.

11. Additional requirements for the composition and structure of the compensation fund are determined by the investment declaration adopted by the self-regulatory organization.

(Part twelve as amended by Federal Law dated July 22, 2008 N 148-FZ)

13. Payments from the compensation fund are not allowed, with the exception of payments in order to ensure the property liability of members of a self-regulatory organization to consumers of goods (work, services) produced by them and other persons, unless otherwise provided by federal law. Refunds of contributions to members of a self-regulatory organization are not allowed, unless otherwise provided by federal law.

(as amended by Federal Law dated July 27, 2010 N 240-FZ)

Article 14. Restrictions on the rights of a self-regulatory organization, its officials and other employees

1. A self-regulatory organization does not have the right to carry out entrepreneurial activities.

3. A self-regulatory organization does not have the right to carry out the following actions and enter into the following transactions, unless otherwise provided by federal laws:

1) provide property belonging to it as collateral to ensure the fulfillment of obligations of other persons;

2) issue guarantees for persons other than their employees;

3) acquire shares, bonds and other securities issued by its members, except for cases where such securities are traded at organized auctions;

(as amended by Federal Law dated November 21, 2011 N 327-FZ)

4) ensure the fulfillment of their obligations by pledging the property of their members, guarantees and sureties issued by them;

5) act as an intermediary (commission agent, agent) for the sale of goods (works, services) produced by members of a self-regulatory organization;

6) make other transactions in cases provided for by other federal laws.

4. A person performing the functions of the sole executive body of a self-regulatory organization shall not have the right to:

1) acquire securities whose issuers or debtors are members of a self-regulatory organization, their subsidiaries and dependent companies;

2) enter into any property insurance agreements, loan agreements, guarantee agreements with members of the self-regulatory organization, their subsidiaries and dependent companies;

3) carry out business activities as an individual entrepreneur that are the subject of self-regulation for this self-regulatory organization;

6. Federal laws, the charter of a non-profit organization or other requirements established by it may provide for the imposition on a self-regulatory organization or its employees of additional restrictions aimed at eliminating circumstances entailing the emergence of a conflict of interest established by Part 3 of Article 8 of this Federal Law, the threat of unlawful use employees of a self-regulatory organization have become aware of information about the activities of members of the self-regulatory organization due to their official position.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 15. Management bodies of a self-regulatory organization

1. The governing bodies of a self-regulatory organization are:

1) general meeting of members of a self-regulatory organization;

2) a permanent collegial governing body of a self-regulatory organization;

3) executive body of a self-regulatory organization.

2. In a self-regulatory organization, the functions of a permanent collegial governing body may be performed by a general meeting of members of the self-regulatory organization.

Article 16. General meeting of members of a self-regulatory organization

(as amended by Federal Law No. 148-FZ of July 22, 2008)

3. The following issues fall within the competence of the general meeting of members of a self-regulatory organization:

(as amended by Federal Law No. 148-FZ of July 22, 2008)

1) approval of the charter of a non-profit organization, amendments to it;

3) appointment to a position of a person performing the functions of the sole executive body of a self-regulatory organization, early dismissal of such a person from office;

(as amended by Federal Law No. 148-FZ of July 22, 2008)

5) determination of priority areas of activity of a self-regulatory organization, principles of formation and use of its property;

6) approval of the report of the permanent collegial management body of the self-regulatory organization and the executive body of the self-regulatory organization;

7) approval of the estimate of the self-regulatory organization, amendments to it, approval of the annual financial statements of the self-regulatory organization;

8) making a decision on the voluntary exclusion of information about a self-regulatory organization from the state register of self-regulatory organizations;

9) making a decision on the reorganization or liquidation of a non-profit organization, appointing a liquidator or liquidation commission;

11) making other decisions in accordance with federal laws and the charter of a non-profit organization.

(Clause 11 introduced by Federal Law dated July 22, 2008 N 148-FZ)

3.1. The issues provided for in paragraphs 1, - 10 of part 3 of this article cannot be attributed by the charter of a non-profit organization to the competence of other governing bodies of the self-regulatory organization.

(Part three.1 introduced by Federal Law dated July 22, 2008 N 148-FZ)

Article 17. Permanent collegial governing body of a self-regulatory organization

5. Each member of the permanent collegial governing body of a self-regulatory organization has one vote when voting.

6. Quantitative composition a permanent collegial governing body of a self-regulatory organization, the procedure and conditions for its formation, its activities, and decision-making by this body are established by the charter of the non-profit organization.

(Part six as amended by Federal Law dated July 22, 2008 N 148-FZ)

7. Unless otherwise established by federal law, the following issues fall within the competence of the permanent collegial management body of a self-regulatory organization:

(as amended by Federal Law No. 148-FZ of July 22, 2008)

1) approval of standards and rules of a self-regulatory organization, amendments to them;

2) creation of specialized bodies of a self-regulatory organization, approval of regulations on them and rules for the implementation of their activities;

7) other issues provided for by the charter of a non-profit organization.

(Clause 7 introduced by Federal Law dated July 22, 2008 N 148-FZ)

(part eight introduced by Federal Law dated July 22, 2008 N 148-FZ)

Article 18. Executive body of a self-regulatory organization

Article 19. Specialized bodies of a self-regulatory organization

1. The specialized bodies of a self-regulatory organization, which are mandatorily created by a permanent collegial management body of a self-regulatory organization, include:

1) a body that monitors compliance by members of a self-regulatory organization with the requirements of the standards and rules of the self-regulatory organization;

2) the body for considering cases of application of disciplinary measures against members of a self-regulatory organization.

4. Specialized bodies of a self-regulatory organization carry out their functions independently.

Article 20. Maintaining the state register of self-regulatory organizations

1. Maintaining the state register of self-regulatory organizations is carried out by a federal executive body authorized by the Government of the Russian Federation in the event that an authorized federal executive body has not been identified to exercise the functions of state supervision over the activities of self-regulatory organizations in the established field of activity.

(as amended by Federal Laws dated July 22, 2008 N 148-FZ, dated April 28, 2009 N 62-FZ, dated June 25, 2012 N 93-FZ)

2. If an authorized federal executive body has been identified to exercise the functions of state supervision over the activities of self-regulatory organizations in the established field of activity, the maintenance of the state register of self-regulatory organizations in the relevant field of activity is carried out by this authorized federal body.

(as amended by Federal Laws dated July 22, 2008 N 148-FZ, dated June 25, 2012 N 93-FZ)

3. The federal executive body authorized by the Government of the Russian Federation establishes the procedure for maintaining the state register of self-regulatory organizations.

(as amended by Federal Law No. 160-FZ of July 23, 2008)

5. Maintaining the state register of self-regulatory organizations on electronic media is carried out in accordance with unified organizational, methodological, software and technical principles that ensure compatibility and interaction of this register with other federal information systems and networks.

6. Information contained in the state register of self-regulatory organizations is open and publicly available.

(part seven as amended by Federal Law dated December 27, 2009 N 374-FZ)

8. Information about a non-profit organization that meets the requirements established by Article 3 of this Federal Law is entered into the state register of self-regulatory organizations on the basis of an application indicating the name of the non-profit organization, taxpayer identification number and (or) the main state registration number of the non-profit organization and the following documents:

(as amended by Federal Law dated December 3, 2011 N 383-FZ)

1) copies of the certificate of state registration of a non-profit organization;

2) copies of the charter of the non-profit organization;

3) copies of documents certified by a non-profit organization confirming the state registration of its members - legal entities;

4) copies of certificates of state registration of its members - individual entrepreneurs, certified by a non-profit organization;

5) a list of members of the non-profit organization certified by a non-profit organization on paper and electronic media either in the form electronic document, signed with a qualified electronic signature of a non-profit organization, indicating:

a) the type(s) of entrepreneurial activity they carry out (indicating the type code economic activity according to All-Russian classifier types of economic activity) or professional activity that is the subject of self-regulation for a self-regulatory organization;

b) taxpayer identification number and (or) main state registration number of each of its members - legal entities, taxpayer identification number and (or) main state registration number and passport data of each of its members - individual entrepreneurs, passport data of each of its members - individuals, subjects of professional activities;

(Clause 5 as amended by Federal Law dated December 3, 2011 N 383-FZ)

8) copies of the standards and rules of the self-regulatory organization provided for in paragraph 2 of part 3 of article 3 of this Federal Law;

9) other documents, the need to submit which to acquire the status of a self-regulatory organization is provided for by other federal laws.

8.1. If the documents specified in paragraphs 1 and 4 of part 8 of this article are not submitted by the applicant, at the interdepartmental request of the authorized federal executive body specified in parts 1 or 2 of this article, the federal executive body carrying out state registration of legal entities , individuals as individual entrepreneurs and peasant (farm) households, provides information on the state registration of a non-profit organization, its members - legal entities and individual entrepreneurs in electronic form in the manner and within the time limits established in accordance with the legislation of the Russian Federation on state registration of legal entities and individual entrepreneurs.

(Part 8.1 was introduced by Federal Law dated July 1, 2011 N 169-FZ, as amended by Federal Law dated December 3, 2011 N 383-FZ)

9. The authorized federal executive body specified in part 1 or this article makes a decision on inclusion or refusal to include information about a non-profit organization in the state register of self-regulatory organizations within fifteen working days from the date of submission of the application and specified in part 8 of this article documents, with the exception of the documents specified in paragraphs 1 and 4 of part 8 of this article, of which the non-profit organization is notified in writing within three working days from the date of the relevant decision.

(Part 9 as amended by Federal Law dated December 3, 2011 N 383-FZ)

10. The grounds for a decision to refuse to enter information about a non-profit organization into the state register of self-regulatory organizations are the non-compliance of the non-profit organization with the requirements provided for in Part 3 of Article 3 of this Federal Law or other federal laws for the number of members of the self-regulatory organization and (or) the size of the compensation fund of the self-regulatory organization organization, submission by a non-profit organization of documents that do not comply with the information (documents) established in this article, as well as in the case specified in Part 6 of Article 22 of this Federal Law.

(as amended by Federal Laws dated July 22, 2008 N 148-FZ, dated July 1, 2011 N 169-FZ, dated December 3, 2011 N 383-FZ)

11. The decision to refuse to enter information about a non-profit organization into the state register of self-regulatory organizations may be appealed in court.

13. Non-profit organizations, information about which is not entered in the prescribed manner in the state register of self-regulatory organizations, do not have the right to use the words “self-regulatory”, “self-regulation” and derivatives of the word “self-regulation” in their name, as well as in carrying out their activities.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 21. Exclusion of information about a non-profit organization from the state register of self-regulatory organizations

1) an application from a self-regulatory organization to exclude information about it from the state register of self-regulatory organizations;

2) liquidation or reorganization of a non-profit organization;

2. Exclusion of information about a non-profit organization from the state register of self-regulatory organizations on grounds other than those specified in Part 1 of this article is not allowed.

4. A self-regulatory organization that does not comply with the requirements of Article 3 of this Federal Law or the requirements established by other federal laws for the number of members of a self-regulatory organization or the size of its compensation fund is obliged to submit a statement of such non-compliance to the authorized federal executive body specified in part 1 or 2 of the article 20 of this Federal Law. This application is submitted in writing to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law, indicating the date of occurrence of the basis for excluding information about the non-profit organization from the state register of self-regulatory organizations. A statement of non-compliance of a self-regulatory organization with the requirements of Article 3 of this Federal Law may be submitted to the authorized federal executive body specified in parts 1 or 2 of Article 20 of this Federal Law no more than once a year. Within two months from the date of receipt of this application, information about a non-profit organization cannot be excluded from the state register of self-regulatory organizations on the basis specified in this application. If, after the specified period, the self-regulatory organization does not submit to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law, evidence of bringing its status or activities into compliance with the requirements specified in Article 3 of this Federal Law, information about a non-profit organization is subject to exclusion from the state register of self-regulatory organizations.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 22. Interaction between self-regulatory organizations and authorized federal executive authorities

3. A self-regulatory organization is obliged to send to the authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law:

(as amended by Federal Law No. 148-FZ of July 22, 2008)

2) information about planned and conducted inspections of the activities of members of the self-regulatory organization and the results of these inspections.

4. The authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law shall not have the right to:

1) demand from the self-regulatory organization and its members information, the provision of which is not provided for by federal laws;

5. The authorized federal executive body specified in Part 1 or 2 of Article 20 of this Federal Law has the right to apply to the court with a request to exclude information about a non-profit organization from the state register of self-regulatory organizations in the event of a non-compliance of the self-regulatory organization with the requirements provided for in Part 3 of Article 3 of this Federal Law, as well as in the event of violation of other requirements of this Federal Law, the requirements of other federal laws in relation to a self-regulatory organization more than twice during the year, if these violations are not eliminated or are irreparable.

(as amended by Federal Law No. 148-FZ of July 22, 2008)

Article 23. State supervision over the activities of self-regulatory organizations

(as amended by Federal Law dated June 25, 2012 N 93-FZ)

State supervision over the activities of self-regulatory organizations (federal state supervision) is carried out by authorized federal executive bodies (hereinafter referred to as state supervision bodies) in the manner established by Federal Law of December 26, 2008 N 294-FZ "On the protection of the rights of legal entities and individual entrepreneurs in the implementation of state control (supervision) and municipal control", this Federal Law and federal laws regulating the relevant type of professional or business activity.

Article 24. Participation of self-regulatory organizations in non-profit organizations

1. Self-regulatory organizations have the right to create associations (unions) in accordance with the legislation of the Russian Federation on non-profit organizations.

2. Associations (unions) of self-regulatory organizations can be created by them according to territorial, sectoral, intersectoral or other characteristics.

(Part four as amended by Federal Law dated July 22, 2008 N 148-FZ)

5. The restrictions provided for in Article 14 of this Federal Law fully apply to the association (union) of self-regulatory organizations, its officials and other employees.

During the discussion of the changes proposed by the government to be introduced into the law on self-regulation, the executive secretary also decided to express his opinion Public Council on the development of self-regulation Sergey Afanasyev. He outlined his attitude to reforming self-regulation in the context of proposed amendments to the basic law for all SROs in an interview published on the official website of the Public Council.

Sergey Vladimirovich, in your opinion, can we talk about the exclusivity of construction SROs against the backdrop of self-regulation in general?

First of all, I must say that the draft Federal Law “On Amendments to the Federal Law “On Self-Regulatory Organizations” (315 Federal Law), which was prepared by the government of the Russian Federation, is the next step in reforming and improving the self-regulatory system. Of course, construction self-regulation should be highlighted here, since of the total number of self-regulatory organizations in the Russian Federation, more than half represent the construction sector and are the driver of self-regulation. But if the bill is adopted, the existing system will significantly change, approaches to the main functions of self-regulatory organizations will be streamlined and standardized.

Amendments to the law provide for a significant reduction in the sectoral approach to self-regulation, but the features of various specializations of SROs will be taken into account. The new bill narrows the scope of specialized legislation, leaving within its purview the differences in requirements for insurance, compensation fund, number of members, and the structure of specialized bodies of industry SROs.

But don’t you think that the unification of legislation will nullify all 6 years of work of mandatory construction self-regulation? Isn't this a premature step?

- The unification of legislation has its own logical justification; the results of the analysis of law enforcement practice in the field of self-regulation are taken into account. The unification of the basic 315 Federal Law keeps pace with the times. Other existing federal laws regulating various areas of civil legal relations and business activity are confirmation that this is not only possible, but also necessary.

So the law “On companies with limited liability", effectively working in the Russian Federation, lays down the basic principles of operation of this organizational and legal form, systematizing general construction such organizations. As a result of this unification, enterprises operating in various fields, successfully use it without thinking about any industry specifics. LLC in the field food production in the order of performing the main functions, it is no different from an LLC in the banking sector or in construction. There are no industry-specific laws that correct the law on LLCs, and the market has no need for this. Meanwhile, the existing features associated with their activities are regulated by additional regulatory legal acts, and can also be enshrined in the internal documents of organizations.

The laws on joint stock companies and many other laws. It is quite reasonable to continue this systemic line of creating a basic 315th law, which takes into account general principles, while industry specifics can be regulated by the City Code and other industry laws in terms of any specific requirements for partnership members, but this requires a little adjustment, not exceeding 5% of general principles functioning of the SRO.

Under the new law, what tools will construction SROs be provided with in implementing their narrow-profile features? And will they, in principle, have such opportunities?

— In the very concept of “self-regulation”, laid down in the existing 315-FZ, as well as in the amendments under consideration, participants in the self-regulatory system are given the opportunity to consolidate their characteristics in the constituent documents and in other internal documents of the SRO.

For example, the activities of SROs of elevator organizations have proven themselves, the internal rules and standards of which set out the specifics of their field. The decisions made at general meetings are binding on the members of these SROs. There is no need to consolidate the specifics in 315 or any industry law, since, both for elevator operators and, for example, for railway workers, such requirements will be absolutely unnecessary due to the presence of their own narrow specifics, which they can regulate by internal documents. Self-regulatory organizations have enough rights to consolidate their industry-specific features.

How perfect, in your opinion, will 315-FZ be from the point of view of administering all industries (in fact, having more differences than similarities) where mandatory self-regulation has been introduced?

- The bill is being criticized, and that's normal. Thus, the following doubts are regularly expressed: it is impossible to combine different industries (construction, financial markets, realtors, auditors, energy auditors, medicine) in one legal act.

Yes, indeed, these and many other areas have more differences than similarities. But the degree of these differences is determined by the product they produce, and not by the organizational and legal form. It is obvious that the boundary between unified and specialized rules may well be shifted towards strengthening the unified ones. So, for example, general meetings of SRO members may well follow the same design and have the same procedure, because the general meeting of members of a medical SRO and, for example, a real estate organization are no different. There is no need to call it a general meeting in some cases, and a congress in others. There is no reason to indicate, as is done in the Town Planning Code, that a candidate for the Council or the position of president of a national association is nominated by at least 30% of NOSTROY members registered in the territory of a certain federal district. Why is it necessary to indicate this figure in the Town Planning Code, and another in other relevant legislation?

All this is not significant and does not carry any semantic load in relation to the regulation of the activities of partnership members. But the existing differences, according to the above characteristics, harm the existing system of self-regulation, and are also fraught with unreasonable costs for the legislative branch to take into account these features and select law enforcement practices, which requires endless modernization of approaches. These approaches may well be painlessly unified.

A sore point for many SROs, especially given the situation in the banking sector: will they be able to new law unify approaches to the formation and management of SRO compensation funds?

Features regarding the size of the compensation fund and the procedure for managing it are of significant importance for SROs. But it is worth separating unfounded fears from the reasonable arguments presented in the bill. Management Approaches compensation fund can and should be regulated by 315-FZ.

Currently, builders are ordered to place CF in bank deposits, and arbitration managers, on the basis of an investment declaration, are ordered to place deposits in rubles, as well as in foreign currency and government securities. Such differences require special regulation by law, but there are no fundamental differences. It is quite possible to establish the 315th Federal Law unified approach to the placement of funds, and this will not affect the regulation of the field of auditors and builders, but will reduce the heterogeneity of approaches. Arbitration managers are required to place compensation funds through management companies, while construction organizations are not required to do this, but there is no justification for such a difference in approaches. But the size of the compensation fund should quite reasonably differ. Since the risks of damage caused by construction workers can vary significantly large amounts than auditors or appraisers. Based on the above, the procedure for managing the compensation fund can be unified, and the size should be reflected in special legislation.

- Do you think that construction SROs should support the new bill?

- The prepared amendments to Federal Law No. 315 “On Self-Regulatory Organizations” do not abolish the specific features of SROs in different industries, but only shift the emphasis to the universality of approaches and expanding the rights of SROs to take into account their characteristics in other documents. I believe that it is necessary to support the changes to 315-FZ prepared by the government and not be afraid of the inevitable development of self-regulation.