The Current State and Development Prospects of Self-Regulation in the Russian Construction Industry

The presented study aims to examine the current state and development prospects of self-regulation in the Russian construction industry.

Aim. The study aims to conduct a comprehensive analysis of the current state and development prospects of self-regulation as an institution of public administration, identify the problems of self-regulation in the construction industry, and formulate proposals on solving the identified problems.

Tasks. The authors complete the following tasks to achieve the set aim: examine the regulatory framework of the activities of self-regulatory organizations in the construction industry — construction, design, and engineering surveying; analyze the current state and positive trends of self-regulation in the field of construction; identify problems in the activities of self-regulatory organizations in the construction industry — construction, design, and engineering surveying — and development prospects of the examined alternative to government regulation.

Methods. The methodological basis of the study comprises the fundamental provisions of the modern economic theory, theories of public and municipal administration and legal sciences. The information base includes regulatory and legal acts of the Russian Federation on self-regulation in the construction industry, data from the State Register of Self-Regulatory Organizations, and statistics in the field of construction.

Results. At the current stage of development of self-regulation in the construction industry, the most efficient mechanism for this institution involves guaranteed compensation for damage caused due to shortcomings in the works and services during construction, renovation, capital repairs of construction objects, engineering surveying, design. The victims should be compensated not out of insurance payments under civil insurance contracts, but rather out of the compensation funds of self-regulatory organizations.

Conclusion. This study makes it possible to assess the institution of self-regulation in the construction industry — construction, design, and engineering surveying — as an efficient institution for proper protection of the interests of consumers of construction works and services and those of the government.

1. On non-profit organizations. Federal Law No. 7-FZ of January 12, 1996 (as amended on July 29,

2. . Available at: http://www.consultant.ru/document/cons_doc_LAW_8824/. (in Russ.).

3. On self-regulatory organizations. Federal Law No. 315-F3 of December 1 2007 (as amended on August 3, 2018). Available at: http://www.consultant.ru/document/cons_doc_LAW_72967/. (in Russ.).

4. Voskresenskaya E. V. Sub”ekty samoregulirovaniya: teoretiko-pravovoy aspekt [Subjects of self-regulation: Theoretical and legal aspects]. Leningradskiy yuridicheskiy zhurnal, 2016, no. 1 (43), pp. 17−24.

5. Voskresenskaya E. V. Samoregulirovanie otsenochnoy deyatel’nosti [Self-regulation of valuation activities]. Sovremennoe pravo, 2007, no. 3, pp. 85−88.

6. Self-regulation in Russia. Informational portal. Available at: https://sro-portal.info/about/.Accessed 30.06.2019. (in Russ.).

7. Vorona-Slivinskaya L. G., Pak Kh. S. Bezopasnost’ innovatsionnogo razvitiya regional’noy sotsial’noekonomicheskoy sistemy [Safety of innovative development of the regional socio-economic system]. Problemy upravleniya riskami v tekhnosfere, 2015, no. 1 (33), pp. 119−124.

8. On approval of the Administrative Regulation on the fulfillment by the Federal Service for Ecological, Technological and Atomic Oversight of the state function to carry out state supervision of the activities of self-regulatory organizations in the field of engineering surveys, architectural and construction design, construction, reconstruction and overhaul of capital construction facilities. The order of Rostekhnadzor dated July 25, 2013 No. 325 (as amended on 09.10.2017). Available at: http://base.garant.ru/70585564/53f89421bbdaf741eb2d1ecc4ddb4c33/. (in Russ.).

9. The Town Planning Code of the Russian Federation of December 29, 2004 No. 190-FZ (as amended on 08/02/2019). Available at: http://www.consultant.ru/document/cons_doc_LAW_51040/. (in Russ.).

10. Stroitel’stvo v Rossii. 2018: Stat. sb. [Construction in Russia. 2018: Stat. coll.]. Moscow: Rosstat, 2018. 119 p.

11. Voskresenskaya E. V. Pravovaya priroda otstupnogo kak osnovaniya prekrashcheniya grazhdanskopravovykh obyazatel’stv [Legal nature of compensation as a basis for termination of civil obligations]. Zakony Rossii: opyt, analiz, praktika, 2011, no. 3, pp. 91−95.

12. Voskresenskaya E., Snetkov V., Tebryaev A. Current-day matters of administration and law in the field of high-rise Construction. E3S Web of Conferences, 2018, vol. 33. DOI: 10.1051/ e3sconf/20183303051.

13. Voskresenskaya E., Snetkov V., Tebryaev A., Askarov Z. Atypical real estate objects: Legal regime and control system. MATEC Web of Conferences, 2017, vol. 106. DOI: 10.1051/ matecconf/201710608055.