Of greatest interest is the order of involuntary termination of membership in the sro in the building, ie exclude persons from the sro. From the standpoint of the author of this article, in Part 2 of Art. 55.7 grk Russian lawmaker has applied unsuccessfully language, writing that 'self-regulatory organization decides to expel a member if: ' There are two problems: firstly, whether available in Part 2 of Art. 55.7 gdc Russia list of grounds for exclusion from sro members in the construction of an exhaustive, and secondly, the exclusion of individuals from member organizations in these cases – it's right or duty of the sro? Answering the first question should refer to the standards of paragraph 4 of Art. 8 of the Law on Non-Profit organizations, according to which a member of the nonprofit partnership may be expelled by a decision of the remaining members in the cases and the procedure stipulated by the constituent documents of the nonprofit partnership, except when the non-profit partnership has acquired the status of sro in the building. If a non-profit partnership acquired the status of sro, then, according to the legislator, the grounds and procedure for expulsion of members partnership can not be established by the constituent documents, and must be prescribed by law. Thus, in accordance with Art.
10 of the self-regulatory organizations face exclusion from the members of the cpo can be used solely as a disciplinary measure in cases where it is recommended that disciplinary body SROs and confirmed by a permanent collegial body. Returning to the list of grounds exclusion of members of the SROs in the construction set part 2 of article. 55.7 gdc Russia, we should recognize that because of what was said earlier, the list should be regarded as exhaustive and is not subject to broad interpretation by inclusion in the internal documents of cpo in the construction of other provisions. To understand how such a restriction is justified, consider establishing a list of legislators. It includes: 1) non-member of the sro construction of the technical regulations that has caused harm, and 2) repeated within one year, or a gross violation of a member of the sro in the construction requirements for issuing certificates of admission, requirements technical rules, control rules in the field of self-regulation, standards requirements and (or) the requirements of the rules of self-regulation, and 3) repeated failure to pay within one year or late payment for One year membership fee, and 4) failure to pay on time contribution to the compensation fund, and 5) the absence of an individual entrepreneur or legal entity – a member of the sro in the construction of the certificate of admission to at least one type of work issued by a given cpo. Expel a member of sro in the building for other reasons can not. However, members of SROs – in addition to compliance with technical regulations and requirements for issuing certificates of admission, the rules control self-regulation, the requirements of standards and rules of self-regulation and meeting financial obligations to the sro in the building – must fulfill other duties of a non-profit organizations, such as participate in its activities. If a member of the partnership sabotages participate in general meetings than calling into question the possibility of making partnership decisions necessary to carry out its functions, such a term it would be logical excluded from the organization. In sro, however, is not allowed, so the self-regulatory organization will have to seek other ways of influencing such terms.
