| Title article: | Public control in construction: the place and role of self-regulatory organizations |
|---|---|
| UDC: | 342 |
| Section: | LAW |
| Authors: | Goncharov Vitaly V. ;Borisova Anna A. ;Petrenko Elena G. |
This article is devoted to the public law analysis of the place and role of self-regulatory organizations (hereinafter also referred to as SRO) in organizing and conducting public control activities in construction in the Russian Federation. The paper substantiates the place and role of the institution of public control in the system of legal guarantees for the implementation, protection and defense of the constitutional principles of democracy and the participation of citizens in the management of state affairs. The list of possible subjects of public control in construction, as well as the place of SRO in it is analyzed. The purpose of the study is not only to identify, formalize and analyze the main problems that hinder the organization and implementation of public control of SRO in construction, but also to develop a system of measures to resolve these problems. Among these problems, the work examines: the lack of consolidation of the institution of public control in the Constitution of the Russian Federation; the lack of certainty in legislation regarding the grounds and limits of public control in relation to construction organizations (private developers); the lack of consolidation in the legislation on SRO of the possibility of organizing public control by them in relation to the activities, acts and decisions of their members; the lack of detail of the mechanism of public control in the Urban Planning Code of the Russian Federation, weak real powers of SRO in construction in the field of organization and implementation of public control measures; poor use of positive foreign experience of SRO participation in public control events; insufficient organizational and technical base of SRO for the implementation of public control and their dependence on SRO members in this matter. The resolution of these problems is possible by: incorporation of the institution of public control into the Basic Law of the country with the consolidation of the possibility of its implementation in relation to the activities, acts and decisions of any legal entities; introducing amendments to the legislation on public control regarding the fact that the activities, acts and decisions of legal entities (including the construction sector) may be subject to public control if this affects the rights and freedoms of man and citizen; inclusion of the institution of public control in the legislation on SRO as a separate chapter (section); detailing the mechanism of public control in the Urban Planning Code of the Russian Federation with the expansion of the powers of SRO in the construction sector to organize and conduct public control activities; organization by the Public Chamber of the Russian Federation, together with relevant ministries and departments, of the analysis of foreign experience of SRO participation in the functioning of public control with its subsequent adaptation and implementation into Russian legislation; adoption by the Government of the Russian Federation of a set of federal programs aimed at developing the organizational and technical base and independence (independence) of SRO as subjects of public control.
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