SOCIAL AND LEGAL COMPONENTS IN DEVELOPING SELF-REGULATION INSTITUTE OF CONSTRUCTION SECTOR: RESULTS AND PROSPECTS OF REFORMING LEGISLATION IN RUSSIA
DOI:
https://doi.org/10.32461/2226-3209.1.2018.178338Abstract
Abstract. The article is devoted to the study of social and legal components in developing self-regulation
institution of construction activities. The article notes that self-regulating organizations in the field of construction perform a number of important functions that have a social orientation (regulatory, security, control and security, information). They, as well as other functions named in the Town Planning Code of the Russian Federation and the Federal Law "On Self-Regulatory Organizations", are subordinate to the main objectives of the activities of self-regulatory organizations in the construction field. At the same time, the goals of creating self-regulating organizations in the construction field specified in the legislation affect the legal assessment of functional purpose of these organizations. Based on a comparative legal analysis of domestic legislation and foreign countries such as the United States, Great Britain, and Germany, the authors draw conclusions about changing (reducing) the role of public authorities in performing social and public functions, and about tendency of involving the professional associations of entrepreneurs in this area. As a result of this study, the article authors reveal the positive dynamics of the development of social and legal components of the institute of self-regulation of construction activities in Russia. The article summarizes that self-regulating organizations should be considered as a legal model for the introduction and development of social entrepreneurship in the construction industry.
Key words: social and legal component, self-regulation institute, self-regulating organization, construction
activity.
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