Legal Nature and Legal Personality of the Self-regulatory Organizations (SRO)

Abstract

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, that allows us to talk about their mixed legal nature.

DOI: 10.5901/mjss.2015.v6n6s5p91