The relevance of the research topic is determined by the actively developing process of the transfer by the state of many of the most important types of entrepreneurial and professional activities to self-regulation, which is accompanied by a constant increase in the number of self-regulatory organizations (SROs), since the institution of self-regulation is considered by public authorities as one of the main elements of the process of debureaucratization of the country's economy and the formation of bodies regulation not through their appointment in an administrative order, but through the initiative and responsible actions of the most active professionals. In this regard, models are being developed for combining state regulation of the economy with self-regulation of economic entities.

At the same time, Russian civil science has not yet developed a unified understanding of the legal status of SROs, nor has it developed theoretical definitions of the main legal categories used in the process of self-regulation. Moreover, well-known domestic civilists do not yet pay due attention to the theoretical aspects of self-regulation. As a result, in the absence of a properly developed doctrine on the status and main functions of SROs, the legislation regulating their activities remains fragmented and contradictory. Gaps in federal legislation and the lack of authority to resolve these issues at the level of local regulations cause quite serious problems in law enforcement practice.

In addition, there is no generally recognized positive assessment of the necessity and significance of the activities of these organizations in the business and professional communities, i.e. subjects of many types of entrepreneurial, cultural, educational, educational and other socially significant activities are not ready to work in conditions of self-regulation. A vivid example of this is the sharply negative position of patent attorneys on the initiative of some deputies of the State Duma of the Federal Assembly of the Russian Federation to unite them into SROs1.

From this point of view, it is relevant to clarify the status of SROs as subjects of civil law, identify an effective mechanism for civil law relations between SROs and other subjects of law, develop the concept of self-regulation of social significant species entrepreneurial and professional activities, as well as making proposals aimed at improving Russian legislation in this area.

The stated facts allow us to speak about the relevance of the topic of this dissertation research.

The degree of scientific development of the dissertation topic. The theoretical basis of the study was the ideas and works of jurists of different times. Among them are both representatives of classical Russian legal science and Russian scientists, in particular, T.E. Abova, V.K. Andreev, K.N. Annenkov, I.A. Gemini, S.N. Bratus, L.I. Bulgakova, E.H. Vasilyeva, E.V. Vaskovsky,

B.V. Vitryansky, E.P. Gavrilov, H.JI. Duvernoix, A.A. Evetsky, I.V. Ershova,

C.S. Zankovsky, O.S. Ioffe, K.D. Kavelin, N.I. Klein, N.V. Kozlova, O.A. Krasavchikov, V.V. Laptev, D.I. Meyer, V.P. Mozolin, I.B. Novitsky, V.V. Orlova, G.D. Otnyukova, E.A. Pavlodsky, A.P. Pechnikov, N.V. Rostovtseva, O.A. Ruzakova, A.P. Sergeev, L.S. Simkin, V.N. Sinelnikova, E.A. Sukhanov, E.V. Talapina, Yu.A. Tikhomirov, Yu.K. Tolstoy, V.E. Chirkin, L.I. Shevchenko, G.F. Shershenevich, V.F. Yakovlev and others.

The dissertation used the works of economists, in particular, P.V. Kryuchkova2, D.M. Lyubavina3, A.V. Volzhanin4, as well as foreign

1 See: Open letter- objection to the adoption of the draft law No. 478949-5 "On amendments to certain legislative acts of the Russian Federation on the issues of self-regulation of the activity of patent attorneys”, sent by a team of patent attorneys of Tomsk to the State Duma // Invention. 2011. No. 3. S. 18-22; Discussing draft law No. 478949-5 on self-regulation of the activities of patent attorneys // Patent Attorney. 2011. No. 2. S. 2-35.

2 Kryuchkova P.V. Self-regulation as a discrete institutional alternative to market regulation: Diss.doc. economy Sciences. M., 2005.

3 Lyubavin D.M. Formation of self-regulating business communities as a factor in improving the competitiveness of small businesses: Diss. economy Sciences. M., 2006. researchers in the field of self-regulation, including J. Black, John Lunstroth, John Horsfield-Bradbury, Fabrizio Cafaggi.

The issues of introducing self-regulation in certain areas of entrepreneurial and professional activity were considered in the works of R.N. Aganina, E.V. Vladyki, E.G. Dorokhin, V.N. Lisitsa, N.V. Sukhareva and other authors.

Separate legal problems of SRO activities are reflected in the studies of recent years. So, in the dissertation of O.N. Maksimovich5 self-regulation is considered from the point of view of the method of influencing public relations. A.V. devoted her work to self-regulatory organizations as subjects of business law. Basova6. General provisions legal status of SRO

7 R analyzed by D.O. Grachev. I.G. Zhurina studied the civil law status of self-regulatory organizations, and A.Yu. Kolyabin9 and T.V. Dzgoev10 - the legal status of some varieties of these subjects. YES. Posunko11 investigated some issues of SRO in the light of associations legal entities.

However, the results obtained in the existing works do not allow solving many theoretical and practical problems of self-regulation. In addition, there are no legal studies of SROs as subjects of law in the light of their purpose, including in terms of limiting state intervention in civil law relations.

4 Volzhanin A.B. Self-regulatory organization of arbitration managers: Diss. cand. economy Sciences. M., 2007.

5 Maksimovich O.N. Self-regulation in the sphere of entrepreneurial activity as a manifestation of the civil law method of regulating public relations: Diss. legal Sciences. Kazan, 2007.

6 Basova A.B. Self-Regulatory Organizations as Subjects of Business Law: Diss. legal Sciences. M., 2008.

I Grachev D.O. Legal status self-regulatory organizations: Diss.cand. legal Sciences. M., 2008.

8 Zhurina I.G. Civil law status of self-regulatory organizations in the Russian Federation: Diss. legal Sciences. M., 2009.

9 Kolyabin A.Yu. Self-regulatory organization of arbitration managers as a legal entity: Diss. legal Sciences. M., 2007.

10 Dzgoev T.V. Legal status of the self-regulatory organization of auditors: Diss. cand. legal Sciences. M., 2009.

II Posunko YES. Holding as an entrepreneurial association (on the example of the agro-industrial complex): Diss. cand. legal Sciences. M., 2007.

Thus, self-regulatory organizations as a legal phenomenon need further scientific understanding, and their legislative regulation needs to be improved.

The purpose of the dissertation research is based on the study legal regulations, scientific literature, law enforcement and judicial practice conduct a comprehensive analysis of theoretical and practical problems of legal regulation of SRO activities, based on the results of which to develop evidence-based recommendations aimed at improving the legal status of SROs, increasing the efficiency of SROs and improving domestic legislation in this area.

In accordance with the purpose of the dissertation work, the scientific task was set: to explore the theoretical problems of the creation and effective functioning of SROs, to clarify the definitions of the main legal categories used in the field of SROs, and to identify the problems of legal regulation in the area under study.

Research tasks:

Formulate the concept of professional activity in relation to members of the SRO;

Reveal the legal nature of a self-regulatory organization, as well as formulate a definition of the concept of "self-regulatory organization";

Propose grounds for distinguishing standards and rules of self-regulatory organizations and formulate definitions of these legal categories;

To identify and justify the danger of the SRO turning into an extra administrative link;

Determine the most effective ways and measures to ensure proper compliance by SRO members with the conditions and procedures for carrying out entrepreneurial or professional activities;

Conduct a comparative legal study of the legislation on SROs and develop proposals and recommendations aimed at unifying the said legislation;

Identify problems in the legal regulation of SRO activities and formulate proposals for their elimination.

The object of the study is the social relations that arise in the process of creation and operation of SROs, considered in theoretical and practical aspects.

The subject of the study are laws and other regulations governing the creation and operation of SROs, legislative regulation of interaction between SROs and public authorities, the practice of resolving disputes by arbitration courts and courts of general jurisdiction related to the application of the norms of Russian legislation on SROs, research by Russian and foreign scientists, devoted to this topic, as well as the practice of SROs in various sectors of the economy.

Methodological basis research. In the process of work, the author used general methods of scientific knowledge, including methods of empirical research (observation, comparison, etc.), as well as methods used both in theoretical (analysis, synthesis, forecasting, modeling, etc.) and in practical level. The dialectical method and the method of system analysis served as the basis for studying the patterns of development of types of regulation of professional and entrepreneurial activities. Poor knowledge of the object of study predetermined the need to use such general scientific methods of cognition as analysis and synthesis. Of the set of private scientific and special research methods, formal legal analysis, the historical method, as well as the method of comparative law, which allow for a comparable analysis, were most often used. various norms rights. The combination of these methods made it possible to conduct a comprehensive theoretical analysis of the legal category under study, to identify its essence, to identify the shortcomings of the theoretical framework and the legal framework, and to formulate proposals for improving the legislation governing the activities of SROs

The empirical basis of the study was the regulatory legal acts of the Government of the Russian Federation, the Ministry economic development and Trade of the Russian Federation, the Federal Market Commission valuable papers and others government agencies regulating relations in the sphere of self-regulation; decisions of the Plenums of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation on the application of the legislation of the Russian Federation for the period from 1996 to 2009; materials of the current office work of state bodies from 2005 to 2009; results of inspections of self-regulatory organizations of arbitration managers and self-regulatory organizations of appraisers, conducted Federal Service state registration, cadastre and cartography for the period 2005 - 2010; local regulations adopted by the SRO of arbitration managers. In addition, more than 50 court decisions were analyzed, including those of the European Court of Human Rights, the Constitutional Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation, the Supreme Court of the Russian Federation, the Federal Arbitration Courts of Moscow, Volga-Vyatka, West Siberian, Far Eastern, Volga, North -Western, North Caucasian, East Siberian districts, as well as the Arbitration Courts of Moscow, the Penza Region, St. Petersburg and Leningrad region for the period from 1981 to 2010.

The scientific novelty of the study lies in the fact that the dissertation is one of the first comprehensive monographic studies of the legal status of SROs as subjects of civil law performing certain state functions. In the study, in contrast to existing scientific works, for the first time the definitions of standards and rules of SROs were developed and justified, the concept of a self-regulatory organization as a subject of civil law (a legal entity of private law) with certain public law qualities was disclosed, a definition of professional activity was given in relation to SRO members , which until now have not been the subject of independent scientific development. Based on the results of the study, conclusions were drawn and proposals were made for theoretical and practical value aimed at improving the legal regulation of SRO activities. The results obtained are intended to significantly complement and develop not only theoretical basis self-regulation, but also the provisions of domestic legislation on SROs.

The scientific novelty of the dissertation research is concretized in the provisions and conclusions submitted for defense, which are either new in general or have elements of scientific novelty.

X. With regard to members of the SRO, professional activity should be considered independent and initiative activity individuals who have higher vocational or secondary vocational education or vocational training carried out through private practice or on the terms of an employment contract for the purpose of providing services, performing work, selling goods, as well as using property and generating systematic income.

The main distinguishing feature of professional activity from entrepreneurial activity is that a legal entity cannot carry out professional activity, it only uses the results of the professional activity of its employees in order to systematically make a profit.

2. It has been established that SROs, being non-profit organizations consolidating private law interests, have the powers (to regulate and control the entrepreneurial and (or) professional activities of their members) that are more typical for state bodies. The expansion of the functions of SROs is due to the fact that the state, within the framework of its policy of reducing the managerial, socio-cultural and other functions of state bodies, delegates to SROs the implementation of certain state functions. With this in mind, the following definition is proposed:

A self-regulatory organization (SRO) is a professional or sectoral association of individuals and (or) legal entities that have the right to independently and proactively carry out entrepreneurial and (or) professional activities, created on the basis of membership, in the form of associations or unions in order to develop standards and rules for entrepreneurial and (or) the professional activities of its members, entered in the relevant state register of self-regulatory organizations and empowered to exercise state control over compliance with the adopted standards and rules by its members, as well as having the right to establish and apply a system of disciplinary measures to its members for their violation.

The fundamental novelty of this definition is, firstly, that in it the SRO is endowed with the powers of state control, otherwise its control is no different from the control of the employer. Secondly, the sign - non-profit organizations has been replaced by professional or industry associations, unions, since SROs unite specialists of one profession or a certain industry. This proposal takes into account the provisions of the Concept for the Development of Civil Legislation of the Russian Federation on expanding the subject composition of associations and unions by including individuals in them. Thirdly, the definition added the authority of the SRO to establish and apply a system of disciplinary measures to its members for violating the standards and rules of business or professional activity.

3. Definitions of standards and rules of a self-regulatory organization have been formulated:

The SRO standard is a local regulatory and technical act that establishes in accordance with the requirements of federal law and on the basis of the unification of customs business turnover procedures, criteria, standards and a detailed procedure (technology) for the actions of members of a self-regulatory organization in the course of their entrepreneurial or professional activities;

SRO rules are a local regulatory legal act containing requirements for entrepreneurial and professional activities of members of a self-regulatory organization, formulated on the basis of practical experience in a particular area, taking into account the norms of the current legislation.

4. The danger of the SRO turning into an unnecessary administrative link - an intermediary between the state and persons engaged in professional activities, which tends to monopolize, inevitably leading to unreasonably high membership and entry fees, as well as a significant increase in the cost of training services, advanced training and certification of specialists , as well as certification of goods (works, services) produced by SRO members.

To prevent the trend that has arisen, it is necessary to eliminate the restrictions established by Art. 5 federal law dated December 1, 2007 No. 31510

Federal Law "On Self-Regulatory Organizations", that an entity carrying out a certain type of activity can be a member of only one self-regulatory organization that unites subjects of professional or industry activities.

12 Collection of Legislation of the Russian Federation. 2007. No. 49. Art. 6076. (as amended on July 27, 2010 No. 240-FZ)

5. It has been established that, under the current legislation, a person expelled from an SRO for violating the conditions and procedures for carrying out entrepreneurial or professional activities may join another SRO and continue its activities. Only at the request of the authorized state body, the court may decide to disqualify the named person. Thus, exclusion from SRO members as a measure of disciplinary action does not perform a preventive and preventive function.

In order to increase the responsibility of SRO members and strengthen the legality of entrepreneurial or professional activities, it is advisable to introduce a rule in the Federal Law “On Self-Regulatory Organizations” that a person expelled from an SRO is deprived of the right to re-enter the SRO of the relevant type of activity within three years (i.e. . actually a ban on the profession). If the excluded person is a member of another SRO that unites the subjects of this entrepreneurial or professional activity, then he is obliged to suspend his activities in it for three years.

6. A comparative analysis of the legislation on self-regulatory organizations showed that SROs can unite both individuals and legal entities, and only individuals (for example, appraisers) or only legal entities (for example, unions of agricultural cooperatives). In the same time

Federal Law No. E07-FZ of December 30, 2008 “On Auditing Activity” provides for the possibility of dual membership of individuals in SROs: a) direct membership, an individual who has received an auditor’s qualification certificate must become a member of one of the self-regulatory organizations auditors (Part 1, Article 4); b) indirect membership: if an individual (auditor) concludes an employment contract with

13 Collection of Legislation of the Russian Federation. 2009. No. 1. Art. 15. (harm, dated December 28, 2010 No. 400-FZ) by an audit organization through audit organization, which is also obliged to be a member of one of the self-regulatory organizations of auditors (part 1 of article 3).

In order to exclude the dual membership of individuals in SROs and unify legislation, it is advisable to change the subject composition in the field of auditing by analogy with valuation activities, namely: to exclude legal entities from the number of subjects of audit activities (respectively, members of SROs). This will expand access to the profession, as well as increase the personal responsibility of auditors for the quality of their professional activities.

7. Members of the SRO often submit to the SRO, together with reports on their activities, confidential information about intellectual property (owned by them or third parties, in whole or in part), which are entitled to get acquainted with it. At the same time, in accordance with the norms of part four of the Civil Code of the Russian Federation, the SRO does not have the right to use this information or dispose of it. However, there is a real risk that such information will be passed on to interested parties. The issue of keeping official secrecy is of particular relevance in relation to SROs of patent attorneys, since the interaction of a patent attorney with a customer is confidential. At the same time, the SRO does not bear the responsibility provided, for example, by art. 1472 of the Civil Code of the Russian Federation, for violating the exclusive right to a production secret (know-how) of third parties, since it is not a person obliged to maintain the confidentiality of such information in accordance with paragraph 2 of Art. 1468, p.Z Art. 1469 or paragraph 2 of Art. 1470 of the Civil Code of the Russian Federation, as well as by a person who unlawfully received information constituting a production secret and disclosed or used this information.

In order to protect exclusive rights to the results of intellectual activity and to means of individualization of counterparties of SRO members, as well as to prevent disclosure without the consent of the author or applicant of the essence of an invention, utility model or industrial design before the official publication of information about them, it is proposed to include in the Federal Law "On Self-Regulatory Organizations" and Federal Law No. 98-FZ of July 29, 2004 “On Commercial Secrets”14 amending^ providing for the responsibility of the SRO for the actions of its employees and members of the collegiate management body who are not employees and members of this organization, related to the unlawful use of official secrets obtained them by virtue of their official position. Also, the Federal Law “On Self-Regulatory Organizations” should include a provision on the obligation of SROs to establish for their employees and independent members of SRO bodies recognized as such in accordance with Part 2 of Art. 17 of the Federal Law "On Self-Regulatory Organizations", requirements for their confidentiality in relation to third parties. *

In addition, according to the dissertation student, it is advisable to supplement the principles of civil law with the principle "Inadmissibility of arbitrary disclosure of information constituting an official secret." For these purposes, it is proposed to amend the Civil Code of the Russian Federation, adding paragraph 1 of Art. 1 of the Civil Code of the Russian Federation after the words "inadmissibility of arbitrary interference by anyone in private affairs" with the words "and disclosure of information constituting an official secret."

The dissertation also substantiates other proposals for solving the most pressing theoretical and practical issues of legal regulation of the activities of SROs, including determining the procedure for the development of federal standards by national associations of SROs.

Scientific-theoretical and practical significance dissertation research. The study makes a certain contribution to the development and deepening of scientific knowledge about the legal nature and legal status of SROs, about the relationship between self-regulation and state regulation of subjects of civil law.

14 Collection of Legislation of the Russian Federation. 2004. No. 32. Art. 3283. (as amended on July 24, 2007 No. 214-FZ)

The results of the work can be used in legislative activities aimed at improving the legal regulation of SRO activities; in lecture courses, teaching materials and other manuals on civil and business law; practicing lawyers in the process legal support establishment and operation of the SRO.

Approbation of the research results. The dissertation was discussed and approved at the Department of Civil and Business Law of RGAIS. The main provisions, conclusions and recommendations formulated in the dissertation were reported by the author at scientific and practical conferences, and are also reflected in 13 publications of the author, including abroad.

The proposals and recommendations of the author, formulated on the basis of the results of the dissertation research, are accepted for practical use by the International School of Management "Intensive" Russian Academy public service under the President of the Russian Federation, the Federal Tax Service, NP "Interregional Self-Regulatory Organization of Professional Arbitration Managers", NP "Ural Self-Regulatory Organization of Arbitration Managers". ,

The main theoretical conclusions and provisions, as well as practical advice on improving the legislation on SROs, developed in the course of the dissertation research, were sent to the Committee of the State Duma of the Federal Assembly of the Russian Federation on civil, criminal, arbitration and procedural legislation in the form of proposals and received thank you letter for the expressed judgments and suggestions that can be taken into account in the legislative process.

The structure of the dissertation is determined by the purpose and objectives. The dissertation research consists of an introduction, two chapters, including seven paragraphs, a conclusion and a bibliography.

Conclusion

Patriotic and overseas experience shows that self-regulatory organizations play a significant role in a market economy as a tool to limit state intervention in civil law relations, with the help of which all kinds of needs of the state and society are realized. The formation and development of the institution of self-regulatory organizations make it possible to establish the proportions of socio-economic development, contribute to the reduction of administrative barriers to entrepreneurial and professional activities, and contribute to the development of civil society.

A market economy urgently requires the formation of a mechanism for interaction between state authorities and economic entities as a long-term determination of the possibilities and prospects for self-government. This is achieved by legal restriction of state power, which can be implemented, in particular, through the institution of self-regulatory organizations that allow citizens to exercise the constitutional right of citizens to freedom of economic activity by involving various groups of subjects of civil law in its regulation on mutually beneficial terms. When creating a system of self-regulatory organizations in modern Russia it is necessary to take into account both domestic and foreign experience in this area.

The formation and implementation of the powers to carry out certain functions of state bodies by self-regulatory organizations is a rather complex and lengthy process, which includes the activities of government bodies and business entities for

323 As rightly noted by S.S. Zankovsky, the focus on cooperation relations between state power and the business community should become one of the most important provisions related to state regulation of the economy, which should be formulated in federal legislation. See: Zankovsky S.S. Prospects for the development of legislation on entrepreneurship // Entrepreneurial Law. Appendix "Business and law in Russia and abroad". 2010. No. 3. P. 16 - 18. definition of areas of activity in which self-regulation should be developed, the formation of requirements for organizations applying for the authority to carry out public functions, registration of self-regulatory organizations and control over the performance of public functions by them. This process is in the sphere of complex legal regulation. The presence of the public law component is determined by the special target orientation of the formed legal relations, the direct participation of the state in the relations under consideration.

Currently, the Russian Federation has created a mechanism for the formation of self-regulatory organizations and the transfer of certain functions of state bodies to them. However, in the process of exercising these powers, a clearer understanding of the legal nature of self-regulation and self-regulatory organizations is necessary. In particular, it should be borne in mind that self-regulation is only an addition, and not a replacement for the state normative management of the main areas of production and provision of services. At the same time, self-regulation in the proper sense of the word cannot be decreed. Legislation can only create conditions for a long process of self-organization of subjects of entrepreneurial and professional activity, determining, based on state priorities, the areas that a self-regulatory organization has the right to regulate.

In modern conditions of legal regulation of the activities of self-regulatory organizations, it is necessary to change approaches to assessing the concept of "self-regulatory organization"! A self-regulatory organization should not be considered as an independent organizational and legal form of a legal entity. This approach is supported by the fact that in accordance with Part 6 of Article 3 of the Federal Law “On Self-Regulatory Organizations”, the status of a self-regulatory organization is acquired and lost by a non-profit organization by respectively entering information about it in the state register of self-regulatory organizations or deleting this information from the specified register. If a non-profit organization is deprived of the said status, the named legal entity continues to exist in the previous organizational and legal form determined by the Civil Code of the Russian Federation or the Law “On Non-Commercial Organizations”.

The method of acquiring the status of a self-regulatory organization and the basis for the implementation of their activities by members of the SRO are the criteria on which the legal classification of self-regulatory organizations should be based.

The assignment of the status of a self-regulatory organization to a non-profit organization is preceded by a preliminary stage at which the authorized state body, which is the federal executive body, checks the compliance of the potential self-regulatory organization that has filed the relevant application with the requirements established by law.

A self-regulatory organization has a number of features that make it possible to distinguish it from the general mass of legal entities. These include functioning in the form of a non-profit organization, formation on the basis of membership, official registration of a non-profit organization in the status of a self-regulatory organization, the implementation of certain functions of state bodies.

The implementation of certain public functions by self-regulatory organizations predetermines the need to establish a requirement for mandatory membership in a self-regulatory organization. A self-regulatory organization is a special subject of civil law relations, endowed with certain powers of a prerogative nature necessary for the implementation and protection of public interests, since the said organization performs some functions of a public nature. A self-regulatory organization has the right to exercise control over the observance by its members of the legislation of the Russian Federation, to develop certain types of regulatory legal acts, etc.

The study made it possible to determine the limits of the civil legal personality of self-regulatory organizations, which is more limited in comparison with the civil legal personality of non-profit organizations that do not have the status of self-regulatory organizations, since, unlike the latter, self-regulatory organizations, according to general rule, cannot carry out entrepreneurial activity even when it serves the achievement of the goals for which they were created, and corresponds to these goals.

Also, the mentioned study led to the conclusion that the obligation of a self-regulatory organization to ensure additional property liability of its members, established by the legislation on self-regulatory organizations, is not a civil liability of the said organization for the obligations of its members arising as a result of causing harm due to defects in goods produced by a member of the self-regulatory organization ( works, services), but as a measure to protect the civil rights of consumers of goods (works, services) created by members of a self-regulatory organization.

In the study of the relationship of self-regulatory organizations with some participants in civil transactions that ensure the activities of their members, a violation by self-regulatory organizations of the constitutional rights of their members to freedom of economic activity and the freedom to choose persons with whom they can conclude civil law contracts, established by part 1 of article 8 of the Constitution Russian Federation and Article 1 of the Civil Code of the Russian Federation. This violation of the rights of SRO members is due to the right of these organizations to oblige their members to conclude contracts only with accredited organizations. It has also been established that this power of self-regulatory organizations limits competition, since non-accredited organizations are deprived of the opportunity to conclude agreements with members of the self-regulatory organization. Moreover, the rights of an indefinite number of persons who are consumers of services (works) provided by SRO members to a fair contract price are violated, which contributes, for example, to an increase in the costs of arbitration management, and thereby reducing the ability of creditors and the debtor, respectively, to return their funds and restore solvency.

Therefore, depriving self-regulatory organizations of the authority to impose a ban on concluding contracts with non-accredited organizations is appropriate. It is also necessary to supplement the Federal Law “On Self-Regulatory Organizations” with a norm establishing General requirements, conditions and grounds for accreditation by self-regulatory organizations of participants in civil relations that ensure the activities of SRO members. In addition, in order to prevent the identified tendency for the SRO to become an unnecessary administrative link that tends to monopolize, it is advisable to exclude the restrictions established by Art. 5 of the Federal Law "On Self-Regulatory Organizations", that an entity carrying out a certain type of activity can be a member of only one self-regulatory organization that unites subjects of professional or industry activities.

When considering the problems of relations between self-regulatory organizations and authorized state bodies, an imbalance was revealed between the rights and obligations of self-regulatory organizations and the rights and obligations of authorized state bodies, and the absence of norms regulating the interaction of these persons was established.

In addition, based on the analysis of law enforcement practice, the improper performance of the control function by self-regulatory organizations of arbitration managers and self-regulatory organizations of appraisers was established. This is due to the fact that, firstly, the same type of relations that develop in the exercise of state control (supervision) over the activities of self-regulatory organizations do not have a unified legal regulation. Secondly, the current legislation does not regulate the terms for consideration by self-regulatory organizations of complaints against their members.

The revealed shortcomings of the modern legislation of the Russian Federation regulating the activities of self-regulatory organizations create an objective premise that the main task of most self-regulatory organizations is to represent the interests of the members of these organizations, that is, to carry out lobbying activities, and not to comply with the state interest and work for the good of society. Implementation by self-regulatory organizations of narrowly focused interests instead of socially significant ones is unacceptable and is subject to mandatory harmonization in order to create these organizations. This task can be solved by improving the legislation on self-regulatory organizations, including the elimination of the shortcomings noted above:

Supplementing the Federal Law “On Self-Regulatory Organizations” with Article 22.1, which regulates the procedure for the development by national associations of self-regulatory organizations and the approval of federal standards by authorized federal executive bodies;

Introduction of civil liability of self-regulatory organizations for failure to perform and (or) improper performance of the functions assigned to them by the state;

Establishing a unified procedure for the exercise by authorized federal executive bodies of control (supervision) over the performance by self-regulatory organizations of the federal executive bodies transferred to them for the exercise of certain powers;

The extension to self-regulatory organizations of the provisions of the Federal Law "On the Procedure for Considering Appeals from Citizens of the Russian Federation".

A self-regulatory system can be transparent, structured and accountable only if, on the one hand, business and professional entities are ready for self-regulation, and, on the other hand, the powers and responsibilities of self-regulatory organizations are spelled out in detail in the law and an appropriate state control.

Celebrated in recent times increase in financial potential and a certain stabilization financial system Today, Russia is assisted in the implementation of many vital tasks of reforming the economy and society. Under these conditions, the institution of self-regulatory organizations in the system of state regulation can and should play a significant role in the development of a market economy system in the Russian Federation.