SELF-REGULATORY ORGANIZATIONS AS SUBJECTS OF DECENTRALIZED REGULATION OF CIVIL RELATIONSHIP

Abstract

The article deals with the concept of self-regulatory organizations as the subjects of decentralizedregulation of civil relationships. The problem of decentralized regulation of civil relationships by self-regulatoryorganizations is researched by the author in the context of macro and micro models of regularization of suchrelationships by appropriate organizations.Attending to the macro model the author analyzes the problem of spheres of implementation the construct of self-regulatory organization as well as the problem of delegation the state functions to the self-regulatory organization.At the same time attending to the micro model of regularization of civil relationships by self-regulatoryorganizations the author concentrates on determination the features of functioning of such organization, especiallyof the order of decision-making and giving them legal validity.It is concluded that organization can be recognized as subject of self-regulation of civil relationships in traditionalunderstanding of self-regulation as the process of regularization of relationships, arising between juridically equal persons by these person themselves, only if appropriate organization meet some requirements. In particularorganization is the subjects of self-regulation of civil relationships when the order of its decision-making providesthe will expression of the members of such organization which influence the decision directly. Such decision canbe adopted directly or by delegation. The direct form of decision-making means that the members of organizationadopt the decision by themself for example at general meeting. At the same time delegation provides the decision-making by the bodies of self-regulatory organization operationally according to power delegated to such bodies bythe members of self-regulatory organization.It is substantiated that organization cannot be recognized as self-regulatory by its nature even if it recognized asself-regulatory by legislation in case when governing bodies of such organization are formed without participationof its members and at the same time decisions of such bodies are taken without determinative will of such members(for example when members are not empowered for decision-making or their will expression is consultative). Alsoorganization cannot be recognized as self-regulatory when it was created by the participants of civil relationshipsaroused in appropriate sphere but when their decisions are not obligatory but consultative.