Contemporary Problems of Social Work Современные проблемы социальной работы academic journal

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CONTEMPORARY PROBLEMS OF SOCIAL WORK
well as grounded by science, which traditionally distinguishes four basic qualifying features of 
a legal entity: a) organizational unity; b) separateness of property; c) independent proprietary 
responsibility; g) participation in civil turnover on its own behalf.
Russian self-regulatory organizations are the nonprofit organizations that, in accordance 
with paragraph 1 of article 2 of the Federal law “On nonprofit organizations” (hereinafter – the 
Law on non-profit organizations), do not have profit as their primary purpose and do not share 
the profits among the participants, and in accordance with section 1 of article 14 of this law do 
not have the right to engage in entrepreneurial activities.
Despite these norms, the legislation establishes a list of property relations (including 
limitation of transactions), in which SRO do participate, determines sources of their property 
forming, establishes the procedure for the establishment of a compensation fund and use of 
its assets (articles 12–14 of the Law on self-regulating organizations). In this regard, it should 
be stated that the participation of self-regulating organizations in the property relationship is 
limited, but not excluded.
In addition, in accordance with article 3 of the Federal law “On noncommercial organizations”, 
the SRO has the right to own property and to exercise their property rights to these assets for 
its obligations (except for the compensation fund and other cases established by law), be the 
participant in the proceedings (plaintiff and defendant), have independent balance, accounts 
in banks, etc.
Thus, it is possible to conclude that the granting of the civil-law legal personality to the 
self-regulating organizations. The content of this legal personality are subjective rights and 
obligations inherent to the Russian non-profit organizations as subjects of rights, and the 
special rights and duties associated with their role in the process of self-regulation, implemented 
as a result of participation in a discretionary relations in certain limits, determined by the 
legislation. Such rights and obligations arise in connection with the provision of corporate 
management, forming of the property of the SRO, the placement of the compensation Fund, the 
selection of additional responsibility measures , the definition of how to interact with their 
members and so on (articles 12, 14–19 of the Law on self-regulating organizations).
The private-law character of self-regulatory organizations is also indicated by the provisions 
of article 3 of the Law on self-regulating organizations, in accordance with which the SRO are 
created on the basis of membership by the subjects of professional and business activities 
and on their own initiative and not by the state. In article 5 of the same Law the principle of 
voluntary membership is established.
Exceptions are the cases when federal laws for separate self-regulatory organizations require 
mandatory membership (e.g. for those subjects of professional and business activities that 
perform work affecting the safety of capital construction objects, for auditors and audit firms, 
appraisers, arbitration managers, etc.).
The obligatory membership in SRO cannot be regarded as a lack of freedom of will and 
passivity, because the potential member of the considered subject of law always has in the 
alternative, the rejection from membership and from carrying out professional and business 
activities. In other words, the creation or establishment of self-regulated organizations by the 
subjects of professional and business activities are the decisions of the mentioned subjects, 
and are not “initiated” by the state.
In Russia the SRO independently, without participation of the state, form the management 
bodies (general meeting, permanent collegial body, executive body and other), including special 
bodies (article 15 to 19 of the Law on self-regulating organizations). Thus, they organize their 
own corporate governance and also implement the admission to membership and exclusion 
from them.
The self-regulatory organizations by engaging in property relations and also forming 
management bodies, perform the function on the organization and provision of corporate 

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governance of SROs. Creation and activity of Russian self-regulating organizations aimed at 
implementation, including the private (and corporate) objectives: creating conditions for 
professional and entrepreneurial activities (development of competitiveness, getting profit, 
etc.).
On the other hand, the legal status of the Russian self-regulatory organizations bears a 
public legal nature, due to the following:
1)  the presence of public significant (public) purpose of the establishment and activity of 
the Russian self-regulatory organizations, consisting in the regulation of social relations in the 
field of professional and business activity enshrined in law (section 1 of article 3 of the Law on 
self-regulating organizations);
2)  Russian self-regulatory organizations on the basis of rules of law are vested with public 
powers in establishing rules and standards and other means of regulation of the professional 
and business activity, and state powers for monitoring of the implementation, the provision of 
which is mandatory and is associated with positive responsibility of SRO for their implementation 
(articles 3, 4, 6 of the Law on self-regulating organizations). Their content is determined by 
the awareness of public interest and balanced with him in private (corporate), which together 
regulate the field of professional and business activity.
The vesting of the Russian self-regulatory organizations by state powers allows speaking 
about a public legal personality of the SRO. In addition to the powers such a legal personality 
includes the subject matter of reference (a certain type of professional and business entities, 
united in a self-regulatory organizations), the object of influence (social relations in the sphere 
of professional and entrepreneurial activities) and the state control over their execution. The 
material basis for the exercise of state powers constitutes the corporate and property relations, 
in the implementation of which the rights and obligations that compose the content of legal 
personality, are exercised;
3)  the activity of SROs is aimed at the fulfillment of the following public functions: a) 
creation of regulators of the professional and business activity (articles 3, 4, 5 of the Law on 
self-regulating organizations); b) methodological support professional and entrepreneurial 
activities (article 6 of the Law on self-regulating organizations); b) protection of rights and 
legitimate interests of members of self-regulatory organizations (article 6 of the Law on self-
regulating organizations); d) protection of rights and legal interests of consumers of goods, 
works and services, performed by members of the self-regulatory organization (article 9, 10, 12, 
13 Law on self-regulating organizations); d) provision of control over the activities of members 
of self-regulatory organization (article 9 and 10 of the Law on self-regulating organizations); 
e) interaction with state authorities, local authorities and third parties on questions of 
monitoring and improving the system of self-government (article 20, 21, 22, etc. of the Law on 
self-regulating organizations);
4)  the law provides for the self-regulatory organizations a special procedure of identification, 
associated with the peculiarities of their creation: the presence of the additional registration 
in the register of SRO, obtaining a special permit, accreditation, etc. (article 3 of the Law on 
self-regulating organizations, article 48 of the Federal law “On securities market” and other);
5)  for the exercise of powers, in accordance with article 19 of the Law on self-regulating 
organizations, the Russian SROs create specialized structures exercising monitoring powers in 
relation to members of self-regulatory organizations and examining cases on the application in 
relation to their disciplinary measures.
Conclusion
Thus, SRO have characteristics both of private law and public law. This allows to make a 
conclusion about their mixed legal nature and, consequently, of complex legal personality, which 
contains public law competence and a civil law legal personality, which are mutually connected. 
The formation of a special legal array for the regulation the establishment and activities of self-

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