История возникновения и развития саморегулирования в России

Pravoprimenenie

Анна Фёдоровна Алгазина¹ 

[1] Омский государственный университет им. Ф.М. Достоевского

关键词: Публичное управление;    управленческая деятельность;    саморегулирование;    саморегулируемая организация;    ремесленные цеха;    корпоративные объединения;    профессиональная деятельность;    субъекты профессиональной деятельности;   

DOI  :  10.24147/2542-1514.2017.1(3).90-99

学科分类：社会科学、人文和艺术（综合）

来源: Dostoevsky Omsk State University

【 摘 要 】

The subject. The study of the Genesis of the emergence and development of any phenomenon allows to know its essence, as well as to make a prediction about the prospects for its further development. Given the importance of self-regulation in the context of the changes in our country, administrative reform, addressing the problems of the Genesis of self-regulation is very timely and relevant. The purpose of the article is to reveal the peculiarities of the emergence and development of self-regulation in Russia. Methodology. The methodological basis for the study: general scientific methods (analysis, synthesis, comparison, description); private and academic (comparative legal, interpretation, formal-legal). Results, scope. Under self-regulation this article is to understand the management activities carried out by self-regulatory organizations, and consisting in the development and establishment of standards and rules of professional activity, as well as sanctions for non-compliance or inadequate performance. Based on the author's proposed definition of "self-regulation", the fundamental criterion for the recognition of any organizations the prototype of the modern self-regulating organizations was selected the purpose of their creation: regulation of activity of subjects of professional activities and the availability of appropriate given the objectives of the authority. The study of the history of creation and functioning of associations of subjects of professional activity allows to conclude that self-regulation is not fundamentally new, previously unknown in our country a legal phenomenon. Conclusions. The first prototypes of self-regulatory organizations originated in Russia in the Middle ages as a voluntary Association of merchants.In the XVIII century found the beginnings of a model of mandatory self-regulation. In this period at the state's initiative used the European experience, was created workshops as an organizational form of Association of artisans, granting the right to engage in trade. In the Soviet period on the self-regulation can only speak as declaratory of the principle of functioning of the legal profession. The emergence of self-regulation as a special kind of management activities occurred in Russia in late 1990s – early 2000-ies. The greatest degree of legal regulation-regulation achieved after the adoption of the Law on SRO, established a combination of voluntary and mandatory models of self-regulation.

【 授权许可】

CC BY