ECONOMIC AND LEGAL FRAMEWORK OF REGULATIVE FUNCTIONS OF SELF-REGULATORY ORGANIZATIONS

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ECONOMIC AND LEGAL FRAMEWORK OF REGULATIVE FUNCTIONS OF SELF-REGULATORY ORGANIZATIONS

Journal Title: Економічна теорія та право - Year 2015, Vol 4, Issue 23

Abstract

Problem setting. There is no single approach to determination of the status of selfregulatory organizations (hereafter — SRO) in the juridical literature. Delegation of state powers in favor of SROs is aimed at execution of publicly significant functions. This brings up the questions: can non-commercial organizations be vested with governmental functions; is an organizational and legal form of a non-commercial organization is adequate to an SRO? Recent research and publications analysis. Theoretical issues of activities of noncommercial organizations are considered in scientific papers of O. M. Vinnyk, D. V. Zadykhailo, V. K. Mamutov, V. M. Pashkov, O. P. Podtserkovnyi, V. A. Ustymenko, V. S. Shcherbyna, etc. Nevertheless, issues of delegation of governmental functions to SROs have not been sufficiently considered. Рaper objective. The article objective is to research the economic and legal framework of regulative functions for SROs based on deregulation of governmental functions. Paper main body. According to Paragraph 1, Article 3 of the Model Law on Self- Regulatory Organizations accepted by Interparliamentary Assembly of the CIS Member Nations (the Resolution No. 29-7 of 31.10.2007), self-regulatory organizations are noncommercial organizations based on membership, which carry out self-regulation and join business entities belonged to a single branch of production of goods (works, services) or a market of produced commodities, which join entities of the professional activity of a single type or non-public pension funds. There is a need to differ activities of SROs and professional self-governing organizations. SROs are created by business entities. At the same time, professional self-governing organizations are created by professionals being not registered as business entities. Conclusions of the research. Depending on the legal status of SROs, a possible amount of delegated authorities can vary. The state is eligible for establishment of obligatory terms concerning appointment to a position and filling a position for all the citizens, who desire to carry out the public activity. Short Abstract for an article Abstract. The article research issues of delegation of governmental authorities to selfregulatory organizations depending on their legal status. The author has substantiated that if SRO members are business entities or self-employed persons gaining prohibition to carry out the professional activity, an amount of authorities is greater. If members of a respective organization are professionals, an amount of authorities is considerably smaller.

Authors and Affiliations

О. В. ГОВОРУН

Keywords

self-regulatory organization delegation of governmental authorities providing regulative functions of SROs.

EP ID EP221986
DOI -
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