Differences In The Licensing System And Self-regulation As An Example

2009 was the year of birth in Russia, self-regulating organization of builders, designers and surveyors. Professionals of the construction market for a long time refused to recognize the inevitability of its membership in the sro in the building. However, the onset of January 1, 2010, when all the currently existing building permits have expired, put the business to have to decide in this matter. One of the fundamental differences Systems self-regulation and licensing is that in the first case of a person's right to conduct business directly related not to the presence of a special State permission (license), and bona fide membership in a nonprofit organization, the fulfillment of all requirements for an organization to its members. Ideally, self-regulation suggests the involvement of all professional participants market in the process of forming for ourselves civilized working conditions. 2009 was a transition from a licensing system to a system of self-construction.

The participants of the construction market was able to join as an sro in the building – which has the appropriate legal status of non-profit organization and a nonprofit partnership (hereinafter – np, established under the goals of sro in the building), which did not have sro status, but prepared to receive it. The legal regime of membership in the Partnership, established under the goals of sro in the building, to a large extent different from the regime's membership in the non-profit partnership, which has the status of cpo in the building. Admission rules members of the sro in the building, the rights and duties of the partnership, as well as the grounds and procedure for termination of membership in the partnership are determined by the norms of the Law on NGOs and internal documents partnership. The law allows non-profit partnership to ask the candidate the widest range of documents and information about its business. The reception may be denied to persons unless they submit such documents or if the content of their submissions is a partnership doubt the authenticity of the information within them, or for other reasons, established internal documents organization or the decision of its competent authorities. A fundamentally different procedure for admission to the law set for sro in the building (see art. 55.6 Development Code (GDC), RF). Imperative identified: an exhaustive list of documents that a candidate is for membership in the sro, an exhaustive list of grounds for denial of membership in the sro in construction terms and procedure of the application a candidate for membership sro and the decision by the authorized body sro. Legislative goal is to minimize the possible arbitrariness on the part of self-regulatory organization with membership in the sro in the building and avoid those thus establishing unnecessary barriers to entry companies in the construction market and as a consequence, its monopolization of certain groups of individuals.