Contemporary Problems of Social Work Современные проблемы социальной работы academic journal

149
VOLUME 2, No. 1, 2016
16. Petrovsky S.V. Legal Regulation of the Provision of Internet Services: thesis research of 
Candidate of Juridical Sciences M., 2002.
17.  Salin V.N., Shpakovskaya E.P. Socio-Economic Statistics: Textbook. M.; 2001. P. 378.
18.  Sannikova L.V. Services in Russian Civil Law. Volters Kluver, 2006.
19.  Sitdikova. L.B. Legal Nature of Communication Services and Their Place in the Agreement for 
the Provision of Paid Information Services // Legal World. All-Russian Research and Practice 
Legal Journal. M.: Lawyer, 2007. No. 10 (130). P. 38–44.
20.  Sitdikova L.B. Legal Nature of Internet Services // Civil law. 2008. No. 2. P. 43–45.
21.   Sitdikova L.B. Theoretical Foundations of the Criteria for Quality Assessment in the Provision 
of Services // Lawyer. 2013. No. 6. P. 18–21.
22.  Stepanov D.I. Services As an Object of Civil Rights M., 2005. P. 217.
23.  Tax Code of the Russian Federation (Part One) dated 31.07.1998. No. 146-FL (rev. 13.07.2015) 
Art. 38 // Collection of Legislative Acts of the Russian Federation. No. 31. 03.08.1998. Art. 
3824.
24.  Zulpakarov K.Z. On the Issue of Service Category. Frunze, 1978; T.N. Sofina. Services Sector: 
Transformations in Market Economy. SPb., 1999.
REFERENCE TO ARTICLE
 
Pakhomova, E.P. (2016) Theoretical Approaches and Legal Framework for the Formation 
of the Concepts of “Service” and “Internet Service”, Contemporary Problems of Social Work. 
Vol. 2. No. 1 (5). P. 143–149. DOI: 10.17922/2412-5466-2016-2-1-143-149 (International 
bibliographic description).

---

150
CONTEMPORARY PROBLEMS OF SOCIAL WORK
Sitdikova L.B.,
doctor of legal sciences, professor, head of the Department of civil law and 
procedure, Russian State Social University, Moscow.
E-mail: [e-mail]
Author ID ( Scopus): 56610185000
Shilovskaya A.L.,
candidate of legal sciences, associate professor of the Department of civil law 
and procedure, Russian State Social University, Moscow.
E-mail: [e-mail]
Author ID (Scopus): 56610391900
 UDC 
347.19
 DOI: 
10.17922/2412-5466-2016-2-1-150-156
The Role of Self-Regulatory Organizations (SRO) 
in Civil Legal Relations
Receiving date:
29.01.2016
Preprint date:
25.02.2016
Taking to print date:
28.03.2016
Annotation: there is uncertainty whether self-regulatory organizations refer to the entities of public law 
or private entities.
Russian legislator, on the one hand, has defined SRO as non-profit, based on the membership of subjects of 
professional and business activity (i.e. not created on the state initiative) organizations. On the other hand, 
they are organizations with authority to adopt regulations of professional business activities and control over 
their observance. Vesting of these powers on SRO has led to the fact that among scholars involved in research 
of questions of creation and activity of Russian self-regulatory organizations, the different points of view of 
their legal nature have been put forward: some of them have classified the SRO as subjects of public law, and 
the others consider them as private law entities. In scientific literature one can find opinions that SRO is a 
new legal form of legal entities that they belong to a special group of entities – “self-regulating”.
The authors consider different points of view of scientists, about the legal nature of self-regulatory 
organizations and make a conclusion about the presence of self-regulating organizations of the characteristics 
peculiar to both the private entity and the entity of public law, which allows us to talk about their mixed legal 
nature.
Key words: self-regulation, legal nature, legal personality, non-profit organizations, entrepreneurship.
Introduction
In accordance with the paragraph 1 of article 3 of the Law on self-regulating organizations 
self-regulatory organizations are non-profit organizations, established for purposes provided 
for by this Federal law and other Federal laws, based on the membership, uniting entities of 
entrepreneurial activity on the basis of the unity of the branch of production of goods (works, 
services), or market-produced goods (works, services), or uniting subjects of professional 
activity of a certain kind”.
Article 2 of the same Law defines self-regulation as the self and initiative activity conducted by 
subjects of professional and business activity, and consists of the development and establishment 
of standards and regulations of such activity, and of the control over their observance.
The law on self-regulating organizations (hereinafter – SRO) in certain areas similarly 
enshrines the concept of the phenomena in question. For example, according to the article 

---

151
VOLUME 2, No. 1, 2016
31 of the Federal law “On advertising” self-regulating organization in the field of advertising 
are the association of advertisers, advertisement producers, advertisement distributor and other 
persons, created in the form of Association, Union or non-profit partnership for the purpose of 
representing and protecting of members’ interests, development of the requirements of the 
observance of ethical norms in advertising and control over their fulfillment.
Article 2 of the Federal law “On insolvency (bankruptcy)” determines self-regulatory 
organisation of arbitration managers as a non-profit organization that is membership-based, 
created by citizens of the Russian Federation, information about which is hosted in the unified 
state register of self-regulatory organizations of arbitration managers, whose activities purposes 
are the regulation and support of activities of arbitration managers.
According to the article 22 of the Federal law “On appraisal activity”, the self-regulatory 
organization of appraisers is a non – profit organization established for the regulation and 
control of the evaluation activities, included in the unified state register of self-regulating 
organizations of appraisers, and united on the basis of membership of appraisers.
Thus, the legislator has defined SRO as a non-profit, membership-based organizations 
that consist of professional subjects and subjects of business activity (i.e. not created by 
the initiative of the state), on the one hand. And, on the other hand, as organizations with 
powers to create regulators of a professional and entrepreneurial activity and control over their 
observance.
The empowerment of SRO with these powers has led to the fact that among the scholars 
involved in research of questions of creation and activity of Russian self-regulating organizations, 
the different points of view on their legal nature have been put forward: some classified them as 
subjects of public law, and the others to the entities of private law.
Before the adoption of Federal law No. 99, the right to carry out certain activities only upon 
compliance with the conditions about membership in self-regulatory organization (SRO) was 
fixed by some federal laws.
In the Civil Code of the Russian Federation, such provisions were absent, only a necessity of 
licensing in cases provided for by law was fixed in the Code (e.g., pursuant to par. 2 paragraph 
3 of article 49 of the Code in its previous edition).
This norm was amended, now it indicates, in particular, that the right to exercise the activity 
for which it is necessary to be a member of SRO, arises from the moment of entry into the 
organization (clause 3 of article 49 of the Civil code).
In this regard there is a necessity of the analysis of the legal nature of self-regulatory 
organizations.
The educational and monographic works of the following authors were focused at the named 
topic: Kozlova N.V. (2003), Yastrebov O.A. (2009). Some aspects of the problem were analyzed 
in articles of the following authors: Volkov A.M. (2010); Denisov S.A. (2008); Zurina I.G. (2009); 
Sitdikova L.B. (2009, 2012); Tretyakova S.B. (2013).
The complex research of the different aspects of the problem was made in dissertation of 
Basov A.V. (2008).
Among the foreign sources we can distinguish the following: Black J. (1996); Chris J.H. 
(2005), Nowak E., Rott R., Till G. Mahr. (2004), Paul P. (2008).
During the research special public powers of self-regulatory organizations, based on 
outsourcing, have been highlighted.
It is established that the self-regulatory organization possess features of a public law legal 
entity because of predominance of public purposes in its’ activities.
It has been revealed, that the self-regulatory organizations are the private-law associations 
of entrepreneurs for consolidating professional interests. The main purpose of the SRO as a 
subject of private law is the regulation of relations between its members and consumers of their 
goods, works and services.

---