Minregion has suggested to create the register unfair SRO
In minregione under the chairmanship of the minister of regional development Victor Basargina Coordination council session on interaction with national associations of the self-adjustable organisations in sphere of building with a view of revealing unfair SRO has taken place. At session offers on modification of the legislation, directed on increase of efficiency of struggle with unfair SRO and to hindrance to occurrence such SRO have sounded. Among offers were, for example, such: introduction of restrictions on delivery of powers of attorney on participation in general meetings of members SRO; an establishment of the maximum number of members SRO; introduction administrative and a criminal liability of officials SRO; an establishment of procedures of interaction of body of the state control (supervision) of activity SRO and national associations SRO in building sphere. Also the offer has sounded to create the Uniform register of the unfair self-adjustable organisations.
Experts have apprehended the offer on creation of the uniform register unfair SRO ambiguously. The president of NP SRO “ TSentrRegion “ Cyril Shalin considers that existence of the register unfair SRO will render invaluable service to the serious building organisations before which there is a question on the introduction or transition in the new self-adjustable organisation. “ however it is impossible to forget about the rests of so-called firms - a something ephemeral, the various organisations - satellites which are created for the only purpose participations in various doubtful financial schemes, and simply unfair building subjects, - he marks. - for such companies without a difference in what SRO to consist, the main thing - to correspond to formal requirements of the law - to have the certificate on the admission to works “.
Doubts effectiveness of the similar register and Tatyana Shalina, director NP “ SRO “ the Alliance of builders “. “ the Mechanism of check of activity of the self-adjustable organisations is, and it is realised both state structures in person Rostehnadzora, and national associations. Therefore conducting the open register such SRO in a network the Internet can cause judicial proceedings on protection of business reputation of the legal person “ - she warns.
As to an establishment of the maximum number of members SRO, that, in opinion Shalinoj, such restriction is impossible, as breaks a constitutional law on association freedom. “ there is a question, by what principle “ to get rid “ from superfluous members. It directly will strike on representatives MSB whom payments in SRO will pay twice and to bear additional financial loading at the introduction into numbers another SRO “ - she speaks.
And Cyril Shalin suggests not to reduce, and, on the contrary, to raise the minimum threshold of quantity of members SRO. “ It will be effective step on a way of struggle with unfair SRO, - he considers. - when the self-adjustable organisation works at level of is minimum admissible requirements of the law, she is compelled to follow the tastes of the members that can lead to any failures - to infringements in work SRO. For realisation of the given idea it is required to introduce respective alterations at least in the law on the self-adjustable organisations that process of reorganisation SRO passed without damage to its members “.