Legal support for the activities of self-regulating organizations (comparison of the experience of the G7 countries)

The subject. A number of areas of professional activity in which there is mandatory self-regulation in the Russian Federation were selected: construction (as well as engineering surveys, architectural and structural design), the activities of arbitration managers.

The purpose of the article is to study the experience of foreign countries in the field of self-regulation.  The study took into account the following aspects of regulation of professional activity: features of the regulatory framework, the presence or absence of professional associations that develop standards and rules of activity, especially membership in them.

In addition, the experience of regulation of medical activity as an example of the industry, which in Russia is actively discussed the feasibility of introducing mandatory self-regulation.

The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description); private and academic (interpretation, formal-legal). Economically developed countries were taken, where self-regulation in certain areas have been existing for several decades: the United States, Britain, Germany, France, Italy, Japan, Canada.

Results, scope. The activities of self-regulatory organizations abroad are regulated by industry legislation, a special law on self-regulatory organizations, as a rule, there is no.

In contrast to the Russian practice, the emergence and further development of self-regulatory organizations abroad is not in direct connection with the emergence of mandatory legislation on mandatory membership in the self-regulating organizations.

In industries with a high degree of danger to third parties (construction, medical activities), in most countries, the system of state licensing is still maintained, which deserves a positive assessment and should be taken into account by the legislator when choosing areas of activity in which state licensing should be replaced by mandatory self-regulation.

In some foreign countries, representatives of consumers are included in the bodies of self-regulatory organizations along with representatives of the professional community, which deserves a positive assessment and can also be used in Russian practice.

1. Algazina A.F. Self-regulation as a type of management activity (administrative and legal aspect), Cand. Diss. Thesis. Omsk, 2017. 20 p. (In Russ.).

2. Zabelin A.V. Self-governed organizations in USA and Germany: Historical aspect. Istoriya gosudarstva i prava = History of State and Law, 2015, no. 22, pp. 27–31. (In Russ.).

3. Mkhitaryan Yu.I. Concept Of Priority Development Of Self-Regulatory Organizations In Economy. Zakony Rossii: opyt, analiz, praktika, 2019, no. 3, pp. 103–106. (In Russ.).

4. Tarasenko O.A. Tendencies of the Law Enforcement Practice in Self-Regulation of Entrepreneurial and Professional Activities in Russia. Predprinimatel'skoe pravo = Entrepreneurial Law, 2018, no. 4, pp. 29–41. (In Russ.).

5. Egorova M.A. The concept of improving self-regulation mechanisms: pro et contra, Monograph. Moscow, Yustitsinform Publ., 2017. 180 p. (In Russ.).

6. Serykh A. (ed.). Technical regulation in construction, Analytical review of world experience. Chicago, SNIP Publ., 2010. xliv + 889 p. (In Russ.).

7. Samoilov A.S., Kazinets L.A. Some questions of self-regulation of construction activity in foreign practice. Vestnik Moskovskogo gosudarstvennogo lingvisticheskogo universiteta, 2008, iss. 550, pp. 229–245. (In Russ.).

8. Moroz A.A., Samoilov S.A. Regulation of construction activity in the USA and great Britain. Aktual'nye problemy stroitel'nogo kompleksa, 2008, no. 1, pp. 45–50. (In Russ.).

9. Tai Yu.V. Legal issues in arbitration management, Cand. Diss. Moscow, 2005. 263 p. (In Russ.).

10. Skripichnikov D.V. Some issues of legislation on insolvency (bankruptcy) in Great Britain. Problemy sovremennoi ekonomiki = Problems of Modern Economics, 2010, no. 2, pp. 276–279. (In Russ.).

11. Romanovskaya O.V. Self-regulation in the sphere of private health care system. Publichno-pravovye issledovaniya, 2016, no. 3, pp. 1–18. (In Russ.).

12. Kepov V.A., Tkachev P.A. Review of foreign experience in the development of self-regulating organizations. Vestnik Sankt-Peterburgskogo universiteta protivopozharnoi sluzhby MChS Rossii, 2011, no. 3, pp. 79–85. (In Russ.).

13. Melnichuk G.V. The formation of licensing as a legal institute in the United States. Probely v rossiiskom zakonodatel'stve = Gaps in Russian legislation, 2011, no. 2, pp. 258–264. (In Russ.).

14. Anokhova E. Historical foundations of self-regulation in enterprise and professional activity: foreign experience. Vestnik Akademii prava i upravleniya, 2011, no. 25, pp. 78–89. (In Russ.).

15. Nozdrachev A.F. (ed.). Licensing system in the Russian Federation, scientific and practical guide. Moscow, INFRA-M Publ., 2015. 928 p. (In Russ.).

16. Gritsenko V.V., Glushchenko A.N. The comparative legal analysis of the Russian and international mechanisms of functioning of self-regulation in health care: the administrative and legal aspects. Proceedings of Voronezh State University. Law, 2016, no. 2, pp. 179–186. (In Russ.).