The History of the emergence and development of self-regulation in Russia

The subject. The study of the Genesis of the emergence and development of any phenomenon
allows to know its essence, as well as to make a prediction about the prospects for its
further development. Given the importance of self-regulation in the context of the changes
in our country, administrative reform, addressing the problems of the Genesis of self-regulation
is very timely and relevant.
The purpose of the article is to reveal the peculiarities of the emergence and development
of self-regulation in Russia.
Methodology. The methodological basis for the study: general scientific methods (analysis,
synthesis, comparison, description); private and academic (comparative legal, interpretation,
formal-legal).
Results, scope. Under self-regulation this article is to understand the management activities
carried out by self-regulatory organizations, and consisting in the development and establishment
of standards and rules of professional activity, as well as sanctions for non-compliance
or inadequate performance. Based on the author's proposed definition of "self-regulation",
the fundamental criterion for the recognition of any organizations the prototype
of the modern self-regulating organizations was selected the purpose of their creation: regulation
of activity of subjects of professional activities and the availability of appropriate
given the objectives of the authority. The study of the history of creation and functioning
of associations of subjects of professional activity allows to conclude that self-regulation is
not fundamentally new, previously unknown in our country a legal phenomenon.
Conclusions. The first prototypes of self-regulatory organizations originated in Russia in the
Middle ages as a voluntary Association of merchants.

In the XVIII century found the beginnings of a model of mandatory self-regulation. In this
period at the state's initiative used the European experience, was created workshops as an
organizational form of Association of artisans, granting the right to engage in trade.
In the Soviet period on the self-regulation can only speak as declaratory of the principle of
functioning of the legal profession.
The emergence of self-regulation as a special kind of management activities occurred in
Russia in late 1990s – early 2000-ies. The greatest degree of legal regulation-regulation
achieved after the adoption of the Law on SRO, established a combination of voluntary and
mandatory models of self-regulation.

1. Bahrah D.N. Basic concepts of the theory of social control. Perm, Perm State University Publ., 1978. 101 p. (In Russ.).

2. Kozlov Yu.M. (ed.). Administrative law. Moscow, Yuridicheskaya literatura Publ., 1968. 575 p. (In Russ.).

3. Lazarev B.M. Public administration at the stage of restructuring. Moscow, Yuridicheskaya literatura Publ., 1988. 318 p. (In Russ.).

4. Chirkin V.E. Public management, Textbook. Moscow, Yurist' Publ., 2004. 474 p. (In Russ.).

5. Petrov G.I. The foundations of the Soviet social management. Leningrad, Leningrad State University Publ.,1974. 288 p. (In Russ.).

6. Marchenko N.M. (ed.). The General theory of state and law, Textbook for universities. Moscow, Zercalo-M Publ., 2001. 516 p. (In Russ.).

7. Kostyukov A.N. Municipal the right as industry of the Russian right (item, principles, modes, structures, system), Doct. Diss. Ekaterinburg, 2003. 474 p. (In Russ.).

8. Maslov K.V. To the question about the concept of tax administration. Vestnik Omskogo universiteta. Seriya “Pravo” = Herald of Omsk University. Series “Law”, 2010, no. 1, pp. 35–40. (In Russ.).

9. Morozova I.G. Some issues of historical development of self-regulatory organizations. Zakonodatel'stvo i ekonomika, 2012, no. 11, pp. 76–79. (In Russ.).

10. Kozlova N.V. The concept and essence of the legal entity: history and theory studies. Moscow, Statut Publ., 2003. 318 p. (In Russ.).

11. Shershenevich G.F. The course on commercial law, in 4 parts. Moscow, Statut Publ., 2003. Part. 1. 412 p. (In Russ.).

12. Mateikovich M.S. Public control in Russia: ways of improvement. Zhurnal rossiiskogo prava = Journal of Russian Law, 2008, no 5, pp. 118–125. (In Russ.).

13. Kaminka А.I., Taisinova V.A. (ed.). Essays on commercial law. Moscow, Zercalo Publ., 2011. 411 p. (In Russ.).

14. Bessolitsyn А.А. History of the Russian entrepreneurship. Moscow, Market DS Publ., 2008. 245 p. (In Russ.).

15. Tret'yakova S.B. Self-regulatory organizations as subjects of Russian law, Cand. Diss. Moscow, 2012. 200 p. (In Russ.).

16. Khor'kova E.P. The history of business and philanthropy in Russia, Tutorial. Moscow, Prior Publ., 1998. 496 p. (In Russ.).

17. Pazhitnov K.А. The problem of artisans' guilds in the legislation of the Russian absolutism. Moscow, АN SSSR Publ., 1952. 211 p. (In Russ.).

18. Perova M.V. Guild artisan population of Russia in the mid XIX century: functions, public value and activities. Omskii nauchnyj vestnik = Omsk Scientific Bulletin, 2009, no. 1, pp. 13–18. (In Russ.).

19. Kepov V.А. The historical background and stages of formation of legal bases of regulation. Pravo i obrazovanie = Law and Education, 2011, no. 7, pp. 155–162. (In Russ.).

20. Аzarov D. The role of councils of attorneys at law in shaping the norms and principles of lawyer ethics. Аdvokatskaya praktika = Advocate’s Practice, 2009, no. 5, pp. 6–8. (In Russ.).

21. Glushachenko S.B., Totoev R.R. The legal profession in the Russian Empire in the aspect of the judicial reform of 1864. Istoriya gosudarstva i prava = History of State and Law, 2008, no. 13, pp. 12–14. (In Russ.).

22. Basova А.V. Self-regulatory organizations as subjects of entrepreneurial law, Cand. Diss. Moscow, 2008. 218 p. (In Russ.).

23. Gerasimov А.А. Legal regulation of the activities of self-regulatory organizations, Cand. Diss. Moscow, 2011. 224 p. (In Russ.).

24. Leskova Yu.G. Conceptual and legal framework of self-regulation in entrepreneurial relations. Moscow, Statut Publ., 2013. 384 p. (In Russ.).

25. Salin P.B. The formation and development of Institute of self-regulating organizations in the Russian Federation, Cand. Diss. Thesis. St. Petersburg, 2010. 22 p. (In Russ.).

26. Ershova I.V. Self-regulation of entrepreneurial and professional activities: theory and legislation. Aktual'nye problemy rossiiskogo prava = Actual problems of russian law, 2014, no. 10, pp. 2142–2150. (In Russ.).

27. Saudakhanov M.V. The formation and Genesis of the institution of self-regulation in the Russian legal system. Аktual'nye problemy gumanitarnykh i estestvennykh nauk, 2013, no. 4, pp. 330–334. (In Russ.).

28. Romanovskaya O.V. Self-regulation in the health sector. Menedzher zdravookhraneniya = Manager of Health Care, 2013, no. 4, pp. 13–19. (In Russ.).