Filatova N. Self-regulatory Organizations as Subjects of Civil Law

The thesis is devoted to the comprehensive research of self-regulatory organizations as the subjects of civil law. Self-regulatory organizations are proved to be non-profit organizations characterized by the following features: a) they unite participants of business and / or professional activity on the membership basis organized according to the same sphere of production of goods (works, services) or type of professional activity; b) they are characterized by having a double goal, which aims to satisfy both the interests of SROs members and consumers of their goods (works, services); c) the constitutive documents of these organizations provide for performing their legislative, control and penalty functions. It is proved that SROs can be referred to as legal entities of both private and public law, depending on whether they are delegated public powers. It is stated that in case public powers are delegated to SROs the latter become representatives of the state in civil relations and thus the state bears subsidiary liability according to obligations of the SRO that emerge in connection with the damage done to persons because of improper execution of delegated powers.The legal nature of the legal relations between SROs and their members is examined. The cases in which the establishment of compulsory membership in the SRO is acceptable, and in which not are determined. The features of the relations between SROs and their members regulation are found out.