Deciphering the SRO. What is SRO?

Currently, construction, survey and design organizations can not conduct their activities if they do not have access to work. If an organization conducts business without such an admission, it violates the laws of the Russian Federation.

What is SRO?

It would seem that such a mysterious abbreviation can mean? In fact, nothing mysterious in it. Decoding SRO long known - self-regulatory organization (non-commercial type). It includes the subjects of entrepreneurial and professional activity, which are unified in any sectoral segment (for example, commodity production, provision of services, performance of work).

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

• The order of their formation;
• Their activities;
• Main goals and tasks of such organizations.

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

On November 24, 2014, Law No. 359-FZ was adopted, entitled "On Amending the Urban Development Code of the Russian Federation and Article 1 of the Federal Law" On Self-Regulating Organizations. " By means of this bill the task is set to put in order the activity of organizations of a self-governing type, as many commercial ones open against the background of state structures. It is the latter that hinder the development of the country's economy, issuing permits for the work of unskilled market participants. Therefore, self-regulation during the year must find a way out of this situation. If the output is not found, the licensing system will return.

The main idea of SROs

The main idea of the SRO, whose abbreviation is clear to every member of such an organization, is to remove some functions from the state. In particular, the functions of overseeing and controlling the activities of subjects of a certain field of activity are removed from the state . These duties are shifted to those who are part of the market.

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

The system on which self-regulating organizations function is a clear alternative to licensing. Now instead of him for the implementation of professional activities you need to obtain admission to work. It is he who confirms the professionalism of the market participant.

If the norms and rules that were established by the legislation and the organization itself were not observed, one of the participants is responsible for the violation between the culprit and all other SRO participants. Therefore, there is an interest in the organization concerning the performance of works and rendering services of exceptionally good quality.

Symptoms of SROs

The main features of a self-regulatory organization:

• The absence of a commercial component (legally the decipherment of the SRO means a self-regulatory organization of a non-commercial type);
• The activities of the organization are consistent with those goals that are spelled out in federal legislation;
• The organization has an exact membership of its members, each of which is fixed by the relevant internal documents;
• All SRO members are united by professional or entrepreneurial activity in one particular industry.

Thanks to the SRO, the market was able to regulate itself using special mechanisms. At the same time, by refusing to license, the state offered market participants to work on the principle of "one for all, and all for one." But against the backdrop of bona fide organizations, commercial SROs began to appear, nullifying the idea for the sake of which self-regulation was created: security control in a certain field of activity. Therefore, it is necessary to clearly understand the signs of a state self-regulating organization. This will make it impossible to join commercial SROs, which only do, that spoil the overall image of the industry, issuing permits to one-day firms and unskilled employees solely for profit.

SRO Functions

Those who decide on joining the SRO, deciphering this abbreviation will not lead to a dead end. But the meaning of this concept is often not understood by many. We have already spoken about why organizations of a self-governing type are needed. On how to identify certain features of a state, rather than a commercial structure, there should not be any credibility.

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

• Development and installation of conditions for membership in the organization;
• The application of disciplinary measures against members of the organization;
• The formation of arbitration tribunals that resolve disputes;
• Analysis of reports submitted by SRO participants;
• Representation of the interests of the participants of the organization, when questions arise with government authorities;
• Organization of training for SRO participants;
• Attestation of employees of the organization;
• Certification of services and goods that the participants of the organization offer the consumer;
• Control over the activities of SRO participants;
• The analysis of complaints received by members of the organization;
• Settlement of issues when members of the organization violate the requirements of standards and the rules of SRO.

Now on the territory of our country self-regulating organizations are involved in 20 industries. And if earlier the deciphering of SRO to many people until the end was incomprehensible, but now this abbreviation is clear even for the student.

Rights of SROs

Legal aspects of self-regulatory organizations are fully described in Article 6 of Federal Law No. 315-FZ "On Self-Regulating Organizations", which was issued on December 1, 2007.

The basic rights of companies with a self-regulatory management system:

• In the order prescribed by the law, to challenge on its behalf the decisions, actions or omissions of structures related to local or state authorities, if the interests and rights of both the organization and its participants are violated;
• Be a participant in the discussion of draft laws created at the federal level;
• Participate in government policy issues related to the formation and implementation of the process of self-regulation;
• To make inquiries to the state authorities for the purpose of obtaining information if it concerns the implementation 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 register certain functions in the form of rights that are necessary and consistent with the activities of the SRO. Deciphering the very same abbreviation is a clear proof of that.

Prohibitions for SROs

Along with the actions for which the SRO is entitled, Federal Law No. 315-FZ of 01.12.2007 specifies that a self-regulating organization has no right to do so. In particular, the SRO is prohibited:

• Engage in what entails the emergence of a conflict situation in relation not only to the interests of the organization itself, but also of its members;
• Engage in activities that are entrepreneurial;
• Become the founder of a commercial SRO;
• Be a member of a commercial SRO;
• To pledge the 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 turn to specialized legal companies, which greatly simplify this process. They render services on registration of documents for joining a self-regulating organization.

Admission SRO

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

For legitimate and uninterrupted construction activities, one must be a participant in a self-regulating organization. Members of such an organization are issued with an SRO certificate. Decoding of such document: permission to carry out activities, i.e. Participant 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 No. 624

Specifically, by order No. 624 of December 30, 2009, all outstanding SROs are guided today. Decoding of types of works and their list in this order are given in full. Some time after the release of order No. 624, some inaccuracies were found in it, which led to double standards. The government decided to revise the document. In 2011 it came out in a new edition.

Order No. 624 gives an exhaustive list of those works for which the SRO is required to be admitted. Decoding in the construction of this document will become much clearer if we thoroughly study the information outlined in the order. Despite the fact that the list of works in it is extensive, builders often stop on three basic options for resolution:

• Admission to general construction work ;
• Admission to activities classified as hazardous;
• Admission to general contract.

The legislation does not prohibit the issuance of one permit for all types of work provided for in Order No. 624. However, small businesses are not interested in this. This opportunity is used exclusively by large companies that occupy a leading position in the construction market.

How to choose SRO?

Approximately 500 self-regulating organizations now operate in our country. Before entering into one of them you need to clearly know what the goals are for the company - the future participant of the SRO.

There are self-regulating organizations that make small demands on their members. They can also offer minimum membership fees. Such proposals will be of interest to those who prefer high speed in processing documents together with the minimum cost.

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

By the disadvantages can be attributed to the fact that in such SROs difficult to get a serious tender because of a lack of reputation. The main goal of these SROs is to collect as much money as possible. The main participants of such organizations are mainly single-day firms.

If the company is seriously set for successful long-term work and wants to build a stable business, you need to pay attention to the SRO with good reputations. They are aimed at stability and are focused on small and medium-sized businesses.