of November 22, 2012 No. 1202
About approval of the Regulations on the state supervision of activities of self-regulatory organizations
According to the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" Government of the Russian Federation decides:
1. Approve the enclosed Regulations on the state supervision of activities of self-regulatory organizations.
2. Realization of the powers provided by this resolution is performed within the number of workers of authorized federal executive bodies, and also budgetary appropriations provided to the specified executive bodies in the federal budget on management and management in the sphere of the established functions established by the Government of the limiting Russian Federation.
Russian Prime Minister
Approved by the Order of the Government of the Russian Federation of November 22, 2012 No. 1202
1. This Provision establishes procedure of the state supervision of activities of self-regulatory organizations (further - the state supervision).
The Ministry of Finance of the Russian Federation - concerning self-regulatory organizations of auditors;
Federal Service for Environmental, Technological and Nuclear Supervision - concerning self-regulatory organizations in the field of engineering researches, architectural and construction designing, construction, reconstruction and capital repairs of capital construction projects, energy inspection;
Paragraph fourth ceased to be valid
The Ministry of Agriculture of the Russian Federation - concerning self-regulatory organizations of the auditing unions of agricultural cooperatives;
The Federal Service for Financial Markets - concerning self-regulatory organizations of credit consumer cooperatives.
3. Provisions of the Federal Law "About Protection of the Rights of Legal Entities and Individual Entrepreneurs when Implementing the State Control (Supervision) and Municipal Control" taking into account features of the organization and conducting the checks established by the Federal Laws regulating the corresponding type of professional or business activity are applied to the relations connected with implementation of the state supervision, the organization and conducting checks of self-regulatory organizations.
4. Subject of checks of self-regulatory organization is observance by self-regulatory organizations of the requirements established by the Federal Law "About Self-regulatory Organisations", other Federal Laws establishing requirements to activities of self-regulatory organizations and other regulatory legal acts of the Russian Federation governing the relations in the established field of activity of the self-regulatory organizations (further - mandatory requirements) concerning including:
a) compliance of number of members of self-regulatory organization to the number of the specified members provided by mandatory requirements;
b) developments and establishments of conditions of membership of subjects of business or professional activity in self-regulatory organizations;
c) standards and rules of business or professional activity obligatory for accomplishment by all members of self-regulatory organization;
d) ensuring accessorial property liability of each her member with self-regulatory organization before consumers of manufactured goods (works, services) and other persons;
e) implementation by self-regulatory organization of control of business or professional activity of the members regarding observance of the requirements established by the Federal Law regulating the corresponding type of business or professional activity, other Federal Laws, standards and rules of self-regulatory organization, conditions of membership in self-regulatory organization, rules of business and professional ethics by them (in the cases established by the Federal Laws), and also applications of measures of disciplinary impact;
e) ensuring information openness of activities of self-regulatory organization and its members, observance of standards of disclosure of information, and also methods of obtaining, use, processing, storage and information security;
g) employee assessments of members of self-regulatory organization or certification of the goods (works, services) made by members of self-regulatory organization if the self-regulatory organization shall perform employee assessment of members of such self-regulatory organization or certification of the goods (works, services) made by members of self-regulatory organization;
h) considerations of claims to actions of members of self-regulatory organization and cases on violation by her members of the requirements established by the Federal Law regulating the corresponding type of business or professional activity, other Federal Laws and other regulatory legal acts of the Russian Federation (if such requirement is provided by the Federal Law), standards and rules of self-regulatory organization (including in the cases established by the Federal Laws, federal standards), and also conditions of membership in self-regulatory organization;
i) implementation of the measures for prevention or settlement of conflicting interests established by the charter of non-profit organization, standards and rules of self-regulatory organization;
j) accomplishment of the instructions issued to self-regulatory organization by officials of federal executive bodies, specified in Item 2 this provision (further - state supervision bodies).
a) conducting checks of self-regulatory organizations;
b) issue of instructions about the elimination of the revealed violations of mandatory requirements according to the procedure established by the legislation of the Russian Federation;
c) observation of observance of mandatory requirements by self-regulatory organizations in case of placement of information by them on the Internet, and also behind observance of mandatory requirements by means of information analysis about activities or actions of self-regulatory organizations which obligation on representation (including by means of use of federal state information systems) is assigned to them according to the Federal Law;
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