Decryption of SRO. What is an SRO?

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Currently, construction, survey and design organizations cannot operate if they do not have access to work. If an organization operates without such permission, it violates the laws of the Russian Federation.

What is an SRO?

It would seem that such a mysterious abbreviation could mean? In fact, there is nothing mysterious about it. Deciphering SRO has long been known - a self-regulatory organization (non-profit type). It includes subjects of entrepreneurial and professional activity that are united in some industry segment (for example, commodity production, provision of services, performance of work).

In our country, Law No. 315-FZ, called "On Self-Regulatory Organizations", regulates:

• the order of their formation;
• their activities;
• main goals and objectives of such organizations.

All of the above are regulated by federal laws for each specific type of activity.

On November 24, 2014, Law No. 359-FZ was adopted, which has the title “On Amendments to the Town Planning Code of the Russian Federation and Article 1Federal Law "On Self-Regulatory Organizations". Through this bill, the task was set to put in order the activities of self-governing organizations, since many commercial ones are being opened against the backdrop of state structures. It is the latter that hinder the development of the country's economy by issuing work permits to unskilled market participants. Therefore, self-regulation during the year should find a way out of this situation. If no solution is found, the work licensing system will return.

The main idea of SRO

The main idea of the SRO, the abbreviation of which is clear to every member of such an organization, is to remove some functions from the state. In particular, the functions of supervision and control over the actions of subjects of a certain sphere of activity are removed from the state. These responsibilities are passed on to those who are market participants.

Such a redistribution of duties removes unnecessary functions from the state. This allows you to reduce budget costs. Moreover, it becomes possible not to waste time and effort controlling the activities of market entities. Now you can focus on monitoring their performance.

The system on which self-regulatory organizations operate is a clear alternative to licensing. Now, instead of him, in order to carry out professional activities, you need to obtain a work permit. It is he who confirms the professionalism of the market participant.

In case of non-compliance with the norms and rules that were established by the legislation and the organization itself, one ofparticipants, responsibility for the violation is distributed between the culprit and all other participants in the SRO. Therefore, there is an interest in the organization regarding the performance of works and the provision of services of exceptionally good quality.

Signs of SRO

Main signs of a self-regulatory organization:

• lack of a commercial component (legally, the decoding of SRO means a self-regulatory organization of a non-profit type);
• the activities of the organization correspond to the goals that are spelled out in federal law;
• the organization has the exact composition of its members, the membership of each of which is fixed by the relevant internal documents;
• all SRO members are united by professional or entrepreneurial activities in one specific industry.

Thanks to the SRO, the market got the opportunity to regulate itself independently, using special mechanisms. At the same time, refusing to license, the state offered market participants to work on the principle of "one for all, and all for one." But against the background of conscientious organizations, commercial SROs began to appear, nullifying the idea for which self-regulation was created: security control in a certain area of activity. Therefore, it is necessary to clearly assimilate the signs of a state self-regulatory organization. This will allow you not to join commercial SROs, which only do what they do to spoil the overall image of the industry, issuing permits to one-day firms and unskilled employees solely for the sake of profit.

FunctionsSRO

Those who decide to join the SRO, the decoding of this abbreviation will not confuse. But the meaning of this concept is often not understood by many. It has already been said above why self-managed organizations are needed. About how, by certain signs, to identify a state, and not a commercial structure, which should not be trusted.

But the decoding of SROs becomes available only when the functional responsibilities of such organizations are clearly defined. Let's pay attention to the main functions of the SRO:

• developing and setting the conditions of membership in the organization;
• using disciplinary action against members of the organization;
• formation of arbitration courts to resolve disputes;
• analysis of reports submitted by SRO participants;
• representing the interests of members of the organization when issues arise with public authorities;
• organization of training for SRO participants;
• certification of employees of the organization;
• certification of services and goods offered to the consumer by members of the organization;
• monitoring the activities of SRO participants;
• analysis of complaints against members of the organization;
• settlement of issues when members of the organization violate the requirements of the standards and rules of the SRO.

Now in our country, self-regulatory organizations are involved in 20 industries. And if earlier the decoding of the SRO was completely incomprehensible to many people, now thisthe abbreviation is clear even to a schoolboy.

SRO rights

The legal aspects of self-regulatory organizations are fully spelled out in Article 6 of Federal Law No. 315-FZ "On Self-Regulatory Organizations", which was issued on December 1, 2007.

Basic rights of self-regulating companies:

• in the manner prescribed by law, to challenge on its own behalf the decisions, actions or omissions of structures related to local or state authorities, if the interests and rights provided for by law of both the organization itself and its participants are violated;
• be a participant in the discussion of draft laws created at the federal level;
• participate in public policy issues related to the formation and implementation of the self-regulatory process;
• make requests to public authorities in order to obtain information if it concerns the performance of the functions assigned to the organization.

A distinctive feature of such organizations is that they have the right, through the constituent documents, to independently prescribe some functions in the form of rights that are necessary and correspond to the activities of the SRO. The decoding of the abbreviation itself is a clear proof of this.

Prohibitions for SROs

Along with the actions to which the SRO has the right, the Federal Law No. 315-FZ of December 01, 2007 also states that a self-regulatory organization does not have the right to do. In particular, SROprohibited:

• do what entails the emergence of a conflict situation in relation not only to the interests of the organization itself, but also to its members;
• to engage in activities that are entrepreneurial;
• become a founder of a commercial SRO;
• be a member of a commercial SRO;
• to pledge property belonging to the organization in order to ensure the fulfillment of those obligations that arise from third parties;
• vouch for a person who is not a member of the organization.

It is difficult to join the SRO. But you can contact specialized law firms that greatly simplify this process. They provide services for the preparation of documents for entry into a self-regulatory organization.

SRO approval

From January 1, 2010, it is impossible to carry out activities in the construction industry without access to certain types of work. And if the decoding of the SRO abbreviation is clear to everyone, then every third person may have questions: "What is the SRO tolerance? What is the decoding of this concept?"

For legal and continuous construction activities, you need to be a member of a self-regulatory organization. Members of such an organization are issued an SRO certificate. Deciphering such a document: permission to carry out activities, i.e. a member of a self-regulatory organization is granted access to certain types of work. It is he who confirms the qualification of the subject of the construction market.

Order 624

ExactlyOrder No. 624 dated December 30, 2009 is now guided by all SROs issuing permits. The breakdown of the types of work and their list in this order are given in full. Some time after order No. 624 was issued, some inaccuracies were discovered in it, which led to double standards. The government decided to revise the document. In 2011, it was released in a new edition.

Order No. 624 gives an exhaustive list of those works for which SRO approval is required. The decoding in the construction of this document will become much clearer if you thoroughly study the information contained in the order. Despite the fact that the list of works in it is extensive, builders often stop at three main permit options:

• permit for general construction work;
• permission for activities classified as dangerous;
• permit for general contracting.

The legislation does not prohibit issuing one permit for all types of work provided for by order No. 624. However, small businesses are not interested in this. Only large companies that occupy leading positions in the construction market resort to this opportunity.

How to choose an SRO?

There are about 500 self-regulating organizations in our country now. Before joining one of them, you need to clearly know what the goals are for the company - the future member of the SRO.

There are self-regulatory organizations that impose insignificant claims on their membersrequirements. They can also offer minimum membership fees. Such offers will be of interest to those who prefer high speed in paperwork, coupled with a minimum cost.

The disadvantages of such self-regulatory organizations are obvious. Given the attractiveness of the offer, many want to get into them. But against the background of numerous participants, there will definitely be those whose activities will not be of high quality. As a result, the damage will fall on the shoulders of not only the culprit, but also all other members of the organization.

The disadvantages include the fact that in such SROs it is difficult to get a serious tender due to lack of reputation. The main goal of these SROs is to collect the maximum possible amount of money. The main participants in such organizations are mostly one-day firms.

If a company is serious about successful long-term work and wants to build a stable business, you need to pay attention to SROs with a good reputation. They are focused on stability and focused on medium and small businesses.