AN ISSUE OF DETERMINATION OF AN ORGANIZATIONAL AND LEGAL FORM OF SELF-REGULATORY ORGANIZATIONS

Author
, PhD. Student, Kharkiv, Pushinska, 77

In heading

 Law;

Signed print

 22.05.2015

Issues number

 2015 - № 2 (21)

Page

 174-183

Type of articles

 Scientific article

Code UDK

 346.2

ISSN print

 2411-5584

Abstract

 Problem setting. Self-regulatory organizations (SRO s) are the basis and forms of selfregulation. Complexity and double nature are inherent to these organizations. On the one hand, SRO s are private legal unions of economic law entities, usually entrepreneurs, which consolidate professional interests. On the other hand, they exercise public functions for regulation of entrepreneur or professional activities of their members and possess certain organizational and economic competences, which bring them and entities of organizational
and economic powers together.
Recent research and publications analysis. Important theoretical issues of entities of organizational and economic powers and issues of application of certain means of public regulatory influence on an economic activity are considerably researched by many economists, namely O. M. Vinnyk, D. V. Zadykhailo, V. K. Mamutov, V. M. Pashkov, O. P. Podtserkovnyi, V. A. Ustymenko, V. S. Shcherbyna, etc. Nevertheless, the abovementioned scientists have not considered the issue of economic competences of SROs and
their organizational and legal form.
Paper objective. The article purpose is to research organizational and legal forms of SROs and their economic competences.
Paper main body. Unfortunately, there is no general legislative act on an activity of SROs. Thus, the issue of regulation of their organizational and legal form requires additional research.
In some cases, the current legislation precisely determine organizational and legal forms for one or another type of an economic activity and disclose a certain (additional) list of requirements for one or another element of an organizational and legal form structure stipulated by particularities of functioning of economic entities in the peculiar market sectors or in the service field (for instance, finance services) and necessity of permanent public regulation and controlling in the mentioned market sectors.
Conclusions of the research. A legal position of SRO s is insufficiently precisely determined. There is no single definition of a concept «self-regulatory organization». The legislation doesn’t take into account peculiarities of SROs stipulated by its particular functions. Confirmation of the legislative act «On self-regulatory organizations» can be progress towards this issue.

Keywords

 Self-regulatory organizations, organizational and legal form of SROs, entities carrying out a professional activity, members of SROs.

Reviewer

 Jarocki V. L., doctor of legal Sciences, Professor, member-correspondent of national Academy of Law of Ukraine, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

External reviewer

Article in PDF

 2 174-183

Bibliography

 none

Code DOI

This post is also available in: Ukrainian

11.03.2015