Based on the monitoring and analysis of the activities of self-regulatory organizations (SROs), the Ministry of Construction of the Russian Federation has developed a draft law aimed at strengthening the responsibility of SROs for the results of the activities of members of the organization.
The proposed changes are designed to provide conditions for the formation of effective mechanisms to limit the activities of unscrupulous and unqualified contractors, increase the openness of decisions taken by SRO, as well as strengthen responsibility and impose sanctions against SRO for failure to perform their control functions.
"Self-regulation in construction, like any permanent mechanism, requires additional adjustment taking into account current tasks and challenges. Based on the monitoring, we saw several growth points that are fundamentally important for improving the quality of work, protecting the interests of citizens and further developing self-regulation in construction. The main priority here is to increase the responsibility of the SROs themselves for the results of their members' activities. The draft law of the Ministry of Construction of the Russian Federation introduces administrative responsibility for the admission to a self-regulatory organization of a person who does not meet the established requirements, as well as for failure to take measures to exclude such a person from the SRO. The main task of the changes is to ensure access to the market only for qualified contractors," said State Secretary - Deputy Minister of Construction and Housing of the Russian Federation Yuri Mutsenek.
It is also proposed to establish administrative responsibility for violations of the procedure for applying disciplinary measures and violations during the audit of the activities of its members. Thus, Rostechnadzor will have new grounds for holding SRO accountable, including plans to add the possibility of disqualification of heads of organizations for a period of one to three years for repeated violations.
According to the results of the monitoring, so far all 452 self-regulatory organizations operating in the construction sector have not used their right to establish additional grounds for refusing membership in the organization and excluding them from the membership of the SRO, and also imposed only minimum established requirements on them.
"The proposed changes are comprehensive and cover the entire institution of self-regulation in construction. The draft law provides for strengthening the responsibility not only of SRO, but also of National associations. Within the framework of federal state control, the Ministry of Construction of the Russian Federation will have the authority to draw up protocols on administrative offenses against National associations, as well as additional grounds for bringing their participants to administrative responsibility," said Oleg Speransky, Director of the Legal Department of the Ministry of Construction of the Russian Federation.
In order to strengthen the prevention of violations of mandatory requirements, the Ministry of Construction of the Russian Federation is empowered to send mandatory notices to National Associations on the inadmissibility of violations of established requirements by construction participants. In addition, the draft law proposes to simplify the procedure for excluding information about SRO from the state register.
Currently, in order to exclude information about SRO from the state register, it is required to prepare decisions of the National Association of Self-Regulatory Organizations and Rostechnadzor, which consistently carry out measures to identify the same violations in the activities of organizations.
The draft law proposes to eliminate such duplication and determine that in case of discrepancy between the number of SRO members, the size of the compensation fund and violations of the regional principle of formation, Rostechnadzor, based on the conclusion of the National Association, will be able to make an appropriate decision out of court without conducting an unscheduled inspection.
To encourage self-regulatory organizations to perform their functions in good faith, it is envisaged to introduce federal standards that will contain requirements for membership in the SRO and monitoring the activities of participants in organizations, an expanded list of grounds for refusal to join the SRO and exclusion from its members, as well as a list of disciplinary measures. Such federal standards will be coordinated with the Ministry of Construction of Russia and the Ministry of Economic Development of Russia.
Another effective tool in organizing the current control of the SRO over the activities of its members will be the introduction of the obligation of a participant in a self-regulating organization to notify the organization not only of the total amount of obligations under contracts, as it is now established, but also of contracts concluded competitively, as well as agreements to them.
It is expected that all these measures will ensure the further development of self-regulation, stimulate them to self-control, reduce violations in their activities, and strengthen the protection of the rights of consumers of works and services performed by members of self-regulating organizations.
The draft law is currently being worked out with the expert community and is undergoing interdepartmental coordination procedures. As part of the preparation, the initiative was also discussed with Sergey Pakhomov, Chairman of the State Duma Committee on Construction and Housing and Communal Services of the Russian Federation. In the near future, work will continue on the proposed changes by the Ministry of Construction of the Russian Federation together with deputies of the State Duma of the Russian Federation.
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