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3.1. The self-adjustable organisations in oil and gas building and problems of their integration into the mechanism of is administrative-legal regulation.

Formulated and proved in the first paragraph of chapter 1 definition of an oil and gas complex as sets of the subjects owning objects of the oil-extracting, oil refining, petrochemical industry, pipeline transport, nefteproduktoobespechenija both gas supply, and their activity within the limits of realisation of processes of manufacture (extraction), processing, transportation and distribution of oil and natural gas and assotsiirovannoe with an investigated complex oil and gas building causes necessity of more detailed consideration of the delegated powers for sphere of oil and gas building, that, in turn, defines a direction of the analysis of mechanisms of self-regulation in an oil and gas complex.

According to the Federal act from December, 1st, 2007 № 315-F3 «About the self-adjustable organisations» self-regulation is understood as independent and initiative activity which is carried out by subjects enterprise or professional work and which maintenance are working out and an establishment of standards and rules of the specified activity, and also the control over observance of requirements of the specified standards and rules.

The institute of the self-adjustable organisations is one of actively developing institutes in the right regulating the relations in sphere of business.

Creation of the self-adjustable organisations means, that the state transforms the control activity in corresponding areas by means of transfer of some public powers by it on monitoring of professional work of the members regarding observance of requirements of corresponding laws by them and the rules of professional work established by the self-adjustable organisations. Differently, reserving certain levers of influence and the control (about which it will be in more details told in the second paragraph of the present chapter) the state in sector of oil and gas building will mainly co-operate with incorporated structures of participants of public relations [173 [174] [175].

In the legal literature self-regulation is estimated as flexible enough tool quickly adapting to use of modern information technologies, assuming more minimisation of costs for business in comparison with state regulation and not focused on state financing.С.А. Zinchenko and V.V. Galov formulated the thesis that the state uses the self-regulation mechanism as activity of millions businessmen cannot effectively regulate. [176]

If to speak about definition of unity of branch of manufacture of works (services) or about professional work of a certain kind as one of signs of the self-adjustable organisation, to establish in system of capital construction of objects of an oil and gas complex such unity and definiteness it is possible.

Concerning the second classifying sign of the self-adjustable organisation - presence of standards and rules of professional work, obligatory for performance by all members of the given organisation, and not necessarily identical to state standards, it is necessary to notice, that the problem of perfection of legal bases of standardization in building of an oil and gas complex demands separate consideration.

Maintenance with the self-adjustable organisation of additional property responsibility of its each member before consumers of the made goods (works, services) and other persons assumes indemnification fund formation.

We believe, that only in this case it is possible to speak about really effective interaction of the state and the self-adjustable organisations in an oil and gas complex.

It is represented, that self-regulation can be defined, how the difficult, complex mechanism of social regulation of public relations with which help at various levels with use of various kinds of social regulators by subjects enterprise or professional work the independent and initiative activity which purpose are working out and an establishment of standards and rules of the specified activity, and also the control over observance of their requirements is carried out.

Thus it is necessary to consider, that self-regulation mechanisms are established today legislatively, therefore self-regulation can be considered and as a way of regulation of relations of subjects of professional independent and initiative activity fixed by the law in sphere of the oil and gas building which maintenance are working out and an establishment of standards and rules of the specified activity, and also the control over observance of requirements of the specified standards and rules.

In scientific publications on the given problematics the considerable place is given to the civil-law questions, concerning self-regulation institute. Its is administrative-legal aspect has been investigated only in 2010 in dissertation Z. M.Bajmuratovoj. Thus self-regulation prospects in sphere of an oil and gas complex practically were not considered. The aforesaid leads to necessity of theoretical judgement of scientific experience for the purpose of definition of possibilities of introduction of institute of self-regulation in sphere of building of an oil and gas complex.

The main advantages of self-regulation, proceeding from experience of the building organisations, are: an information openness; indefiniteness of the introduction into the self-adjustable organisation; support of builders of an oil and gas complex at all levels of the government; reception of certain level of independence in the decision-making, not contradicting the operating Russian legislation; and also reduction of administrative loading of the state bodies.

E.V.Hahaleva noticed, that functioning of the self-adjustable organisations is an element of the mechanism of participation of citizens in government. According to the federal act «About the self-adjustable organisations» possibility of participation of the self-adjustable organisation «in discussion of projects of standard legal acts of the Russian Federation, standard legal acts of subjects of the Russian Federation, government programs on the questions connected with a subject of self-regulation, and also direction possibility in authorities of the Russian Federation and its subjects of the conclusions about results of independent expert appraisals spent by it is provided

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Projects of standard legal acts ».

Demanding the further scientific discussion J.R.Mrjasovoj's approving statements are represented, that moving of the state powers by means of delegation does not mean qualitative transformation, and the accepting subject can be characterised only as "tool" of their realisation. The self-adjustable organisations operate independently and on its own behalf without any financial state support, the conclusion thereupon follows, that [177 [178] state it does not delegate the powers. At the same time, the self-adjustable organisations are allocated with own powers which subjects of civil matters basically cannot possess. First of all, it is imperious powers in relation to the

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To members.

For last decade from the moment of the beginning of functioning of the first self-adjustable organisations based on obligatory membership of subjects of enterprise activity, has been accepted not only the Federal act «About the self-adjustable organisations», establishing the general legal bases of the given institute, but also a number of the branch federal acts defining principles of functioning of the specified organisations, a number of the subordinate legislation.

Nevertheless, according to D.V.Osintseva it is standard - legal regulation in self-regulation sphere can carry «the frame character, usually"building in"self-regulation institute in social system

By means of set objazyvany or interdictions for certain types

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Behaviour ».

Standards and self-regulation rules in investigated sphere of building in an oil and gas complex hardly can be compared with state standards owing to that in most cases the maintenance of investigated rules, in particular, techniques, the technician, recommendations, technologies, etc. cannot be in details defined in advance.

Self-regulation covers all new and new spheres enterprise and professional work. According to the Ministry of economic development of the Russian Federation, as of December, 2015 in Russia 1154 self-adjustable organisations, from them 719 self-adjustable organisations - in branches into which [179 [180] obligatory membership of participants of the market in the self-adjustable organisations is entered were. The self-adjustable organisations based on membership of persons concern the last, carrying out engineering researches or carrying out architecturally-building designing, building, reconstruction, major repairs of objects of capital construction and the self-adjustable organisations in the field of power inspection.

The similar variety of kinds of the self-adjustable organisations and considerable quantity of the normative acts regulating activity of such organisations in those or other spheres enterprise and professional work, have generated preconditions to an establishment at nation-wide level of the document, allowing to unify approaches to understanding of institute of the self-adjustable organisations and to define vectors of its further development. Such document is the order of the Government of the Russian Federation from December, 30th 2015 № 2776-r «About the Concept

Perfection of mechanisms of self-regulation ». It is necessary to notice, that the given Concept represents the base program document in the self-regulation sphere, approved on level of the supreme bodies of the executive authority.

It is necessary to notice also, that the basis of development of system of the self-adjustable organisations in the field of economy is put in pawn by the Decree of the President of the Russian Federation from July, 23rd

2003 № 824 «About measures on carrying out of administrative reform in 2003 -

2004 »5 which positions have received the development in the Concept of administrative reform in the Russian Federation in 2006 - 2010 gg, approved by the order of the Government of the Russian Federation from October, 25th, 2005 № 1789 r [181 [182] [183].

By the concept it is underlined, that formation of institute of the self-adjustable organisations is not only way of realisation of a state policy on creation of favorable conditions for the development of economy realised by abolition of excessive and duplicated administrative functions of the state and delegation of corresponding powers to the self-adjustable organisations, but also way of stimulation of self-organising of enterprise (professional) community for maintenance professional and the public interests treated as maintenance of the rights and legitimate interests of consumers of the goods, works and services of members of the self-adjustable organisations, and also the state as guarantor of observance of the specified rights.

The concept notices, that development of such self-organising allows to provide, first, necessary level of professional representation of the market in dialogue with the power in questions of protection of the interests and the rights, and with consumers - in questions of protection of their rights; and secondly, to personify the most authoritative and competent, according to representatives of the market, participants.

It is necessary to recognise, that the Concept fairly underlines a role of the self-adjustable organisations as competent professionals who can provide the qualified dialogue of enterprise community with public authorities. However transfer of a part of the state functions cannot be carried out without an establishment difficult reguljativnyh the mechanisms allowing at a stage of formation and comprehension of essence of institute of self-regulation to prevent abusings the delegated rights, it is represented impossible.

The Concept analysis allows to draw a conclusion that in the near future the self-regulation model in Russia will be subjected serious changes. First of all the given changes will be directed on unification of base principles of functioning of the self-adjustable organisations in various spheres, stimulations of working out and acceptance of branch standards and development of system of membership in the self-adjustable organisations. An ultimate goal of realisation of the Concept is creation of three-level model of self-organising of professional community which will allow the self-adjustable organisations to co-operate effectively as with consumers of the goods, works and services of members of the self-adjustable organisations, and with the state, including through

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National associations.

Creation of the self-adjustable organisations in an oil and gas complex of Russia is self-management and autonomy display and causes necessity of state regulation of the given organisations.

It is obvious, that powers of public authorities on regulation and the activity control in those subsystems where it is expedient gradually are transferred to the self-adjustable organisations.

Self-regulation in oil and gas sector can be characterised as the legal institution, called to regulate certain elements of the given complex without direct participation of the state, accordingly self-adjustable organisation of experts of an oil and gas complex represents public association in the form of the noncommercial organisation having membership, realising on fundamentals of legislation and the rules developed by it public functions concerning subjects of activity in sphere of an oil and gas complex which are combined with functions of protection and protection of their rights. Thus, the self-adjustable organisations are considered through a prism of the legislation on the noncommercial organisations, first of all, the Federal act from 12.01.1996 № 7-FZ (red. From 19.12.2016) "About the noncommercial organisations" [184 [185] [186]

Z.M.Bajmuratova absolutely fairly treated self-regulation as a part of public legal regulation, but thus paid attention to the interconnected application not only administrative, but also other legal methods of influence on subjects of the regulation, allowing within the limits of legislatively certain procedures, operatively to operate behaviour of each subject

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Regulations.

The self-adjustable organisations possess the public nature, upon inclusion in the uniform state register of the self-adjustable organisations they get the special public status.

Realisation by the self-adjustable organisation of function of the public control for enterprise or professional work of members of the organisation regarding observance of requirements of standards by them and rules, consists in a documentary establishment of conformity of performance of works or rendering of services to requirements of technical regulations, positions of standards, the arches of rules or conditions of the contracts established both the state, and the most self-adjustable organisation.

In investigated sphere the self-adjustable organisations providing the admission for lawful work, objects of capital construction influencing safety, in sphere of industrial safety, works as a part of engineering-geodetic, geological, ecological researches and granting certificates on the admission to defined to kind or kinds of works which influence safety of objects of capital construction function.

Into the national self-adjustable organisations in sphere of oil and gas building, in particular, enter noncommercial partnership «the Union of designers of oil and gas branch» (NP "Sojuzneftegazproekt"), Association of engineers-researchers «Engineering preparation oil and gas

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Complexes »and a number of others. [187 [188] [189]

In 2009 a number of the largest companies operating in branch of oil and gas building, have made decision to be consolidated and register the Self-adjustable organisation Association of builders of gas and oil complexes, for the purpose of creation further the key branch self-adjustable organisation. The decision on the state registration of the given noncommercial organisation was accepted on September, 2nd, 2009 Central administrative board of the Ministry of Justice of the Russian Federation across Moscow.

Considered and other self-adjustable organisations in sphere of oil and gas building have, as a rule, two specialised bodies - the control and disciplinary commissions. The supervisory commission as specialised body of the self-adjustable organisation, carries out the control over performance and observance of requirements to delivery of certificates on the admission to works which influence safety of objects of capital construction, rules of self-regulation and standards of the given organisation. The disciplinary commission urged to consider cases about application concerning members of the organisation of measures of disciplinary influence in case of infringement of the standard requirements provided by the current legislation and internal documents by them.

The self-adjustable organisation Noncommercial partnership «the Union of builders of oil and gas branch» (SRO NP "Sojuzneftegazstroj"), created in 2013 is the organisation based on membership of persons, carrying out building, reconstruction and major repairs of objects of capital construction of an oil and gas complex.

Main objectives of activity SRO NP "Sojuzneftegazstroj" are the prevention of injury owing to lacks of works which influence safety of objects of capital construction and are carried out by members of the given organisation, and also improvement of quality of performance of the given works on objects of a complex.

On July, 9th, 2015 the Decision of Council of the Self-adjustable organisation Association of builders of oil and gas objects "neftegazstroj" in members of Association it was accepted Open Company «Petropipeline Management» which is division of the Chinese Petropipeline Management (CPP) - the contractor leading in the Peoples Republic of China in sphere of building of pipelines and specialised affiliated company of the Chinese national oil and gas corporation (CNPC).

On July, 15th, 2015 Open Company «Petropipeline Management» has received Certificate SRO Association "¡ÑõÔÑúáºßÔÓ«®" about the admission to a certain kind or kinds of works which influence safety of objects of capital construction. To the specified kinds are carried geodetic and a spadework, the device of external electric networks and communication lines, the device of objects of the oil and gas industry, assembly and starting-up and adjustment works, and also works on the organisation of building, reconstruction and major repairs by the involved builder or the customer on the basis of the contract by the legal body or the individual businessman (the general contractor) in sphere of industrial building, building of the enterprises and objects of the chemical and petrochemical industry and objects of an oil and gas complex [190].

In number of the base purposes and directions of activity of the self-adjustable organisations in sphere of oil and gas building are included: association of legal bodies and individual businessmen for coordination of their professional work, representation and protection of the general valuable interests; improvement of quality of realisation of building of objects of an oil and gas complex, and also reconstruction, major repairs of objects of capital construction and others.

The number of the basic directions of activity joins also an establishment of system of measures of disciplinary influence for non-observance by members of the self-adjustable organisation of requirements to delivery of certificates on the admission, rules of the control in the field of self-regulation, requirements of technical regulations, requirements of standards of the self-adjustable organisations and self-regulation rules; application of measures of the disciplinary influence provided by the legislation of the Russian Federation and documents of the organisation concerning the members; conducting the register of members of the self-adjustable organisation.

It is possible to carry to information constituting activity of the self-adjustable organisations, first of all, creation of sites in a network "Internet" and placing on them information on activity of the organisation and its members, the analysis of activity of members of the self-adjustable organisation on the basis of data given by them; and also maintenance of an information openness of activity of members of the organisation, including the publication of data about their activity.

Introduction of the self-adjustable organisations in the field of industrial safety will promote decrease in administrative barriers to small and average business, increase in efficiency of the control over industrial safety, decrease in number of the incompetent and roguish organisations in the market, and also level of corruption and bjurokratizatsii in the field of industrial safety [191].

The certificate on the admission to works from the self-adjustable organisation represents the document which is given out by the self-adjustable organisation in building, replacing with itself the licence. The given certificate called by the building admission, allows to carry out kinds of work in the field of building, the major repairs, influencing safety of objects of capital construction. Certificates on the admission to the specified kinds of works stands out the self-adjustable organisation to members of the self-adjustable organisation without restriction of period of validity and operates in all territory of the Russian Federation.

Till July, 2016 many scientists and experts paid attention to necessity of more accurate regulation of procedure of delivery by the self-adjustable organisations of certificates on the admission to works according to approved in 2009 g the Ministry of regional development of the Russian Federation to the List of kinds of the works influencing safety of objects of capital construction and including work on engineering researches, preparation of the design documentation, building, reconstruction, and also major repairs of objects of gas supply and the oil and gas complex [192 [193] [194], now the given direction has ceased to be actual owing to the futures since July 2017 g changes.

Nevertheless, it is obvious, that the developed list, in particular, the including building control at building, reconstruction and major repairs of objects of an oil and gas complex, starting-up and adjustment works on constructions of an oil and gas complex, installation of equipment chemical and a petroleum-refining industry, the device of objects of the oil and gas industry; the device of external networks of gas supply, except main, remains base in the course of reforming of kontrolno-supervising functions in investigated sphere.

Letter Minregiona of Russia from 27.09.2010 N 33838-KK/08 "About the list of kinds of works which under the maintenance can be carried out only on expecially dangerous and technically difficult objects of capital construction"

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Has recommendatory character owing to absence of direct norm of the law,

As according to point 2 of the governmental order of the Russian Federation from 13.08.1997 N 1009 "About the statement of Rules of preparation of standard legal acts of federal enforcement authorities and their state registration" standard legal acts are published by federal enforcement authorities in the form of decisions, orders, orders, rules, instructions and positions.

Also it is necessary to notice, that the list of expecially dangerous and technically difficult objects established by a part of 1 article 48.1 of the Town-planning code of the Russian Federation, now essentially differs from the list, speech about which goes in specified letter Minregiona of Russia.

The algorithm of delivery of so-called building admissions still operates, hence, it is necessary to pay attention that by working out of requirements to delivery of certificates on the admission to works which influence safety of objects of the capital construction which list is approved by order Minregiona of Russia from 30.12.2009 N 624, the self-adjustable organisation should be guided by positions of the Town-planning code of the Russian Federation.

By working out by the self-adjustable organisation of Requirements concerning expecially dangerous and technically difficult objects of the capital construction which list is established by a part of 1 article 48.1 of the Code, it is necessary for self-adjustable organisations to be guided by the governmental order of the Russian Federation from 24.03.2011 N 207 "About is minimum necessary requirements to delivery by the self-adjustable organisations of certificates on the admission to works on expecially dangerous and technically difficult objects of the capital construction, influencing safety of the specified objects".

Changes in the legislation concern also to requirements to membership in the self-adjustable organisations: cancellation of obligatory membership for those who is not going to perform work on turnkey contracts is provided: since July, 1st, 2017 in the self-adjustable organisation necessarily should there will be only the general contractors concluding dogovory directly with the customer (or customers). Thus, if the sum under one contract is less than three millions roubles necessity of membership for the self-adjustable organisation too disappears. To remain in the self-adjustable organisation it is necessary also to the companies which work under the state or municipal contracts, or through tenders conclude dogovory with large corporations. One more innovation of the legislation can be characterised as a principle regionalnosti: Till September, 1st, 2017 to a member of the self-adjustable organisation of the builders, voluntary ceased membership, it is necessary to enter the self-adjustable organisation in region, where it is registered to have the right to transfer of the payment in an indemnification fund.

Sanctions for not opening by the self-adjustable organisation of the special account and not transfer of means of an indemnification fund to the special account the Russian Federation (it is entered by article 3 FZ №372-ФЗ) is defined by article 14.63 KoAP.

The all-Russian not state noncommercial organisation «National association of the self-adjustable organisations based on membership of persons, carrying out building» (National association of builders, NOSTROJ) is the noncommercial organisation consolidating the Russian self-adjustable organisations in the field of building, and representing them at level of the governments.

The decision on creation of the given organisation was accepted on November, 10th 2009 year of the participant of the First Russian congress of the self-adjustable organisations, and on December, 10th, 2009 National association of builders has been officially registered. The organisation consolidates more than two hundred fifty self-adjustable organisations.

National association of builders on the basis of obligatory membership gives protection to all organisations entering into it concerning interaction with the state authorities, in consideration of petitions and offers, in formation of the operating offers, concerning problems of building, designing, reconstruction and major repairs.

Association has the branched out structure covering practically all fields of activity in building. Its structure includes Council, a revision committee and twenty two profile committees on technological questions, industrial and to housing construction, financial sphere, transport and vocational training. Within the limits of association there is a certification of members which are brought in the separate register. Activity NOSTROJ covers many regions of the Russian Federation where regular conferences on profile problems [195] are spent.

It is important to notice, that for each self-adjustable organisation NOSTROJ is not higher operating body.

The primary goals facing to National association, are:

- Discussion of the questions connected with a state policy in the field of building, major repairs and reconstruction;

- Representation of interests SRO at various levels of the government;

- Formation of offers in the field of a state policy in building, major repairs and reconstruction, including on perfection of legislative base;

- Consideration of complaints and the references arriving from the self-adjustable organisations in sphere of building, including oil and gas building.

The purposes of National association of builders in refraction to builders of an oil and gas complex are: protection of interests and representation of the self-adjustable organisations in the field of building in an oil and gas complex; development of standards and regulations of activity of the self-adjustable organisations in building and other participants connected with self-regulation; creation of conditions for effective cooperation of the self-adjustable organisations in building and all participants of the building market, including the state bodies, municipal bodies, consumers of the works influencing safety of objects of an oil and gas complex.

Concerning a principle regionalnosti experts NOSTROJ had been drew a conclusion that reception of members from other regions will be considered now as direct infringement from the self-adjustable organisations.

Acquisition of the status of the self-adjustable organisations is supposed for following kinds of the noncommercial organisations having the right of delivery of certificates on the admission to works which influence safety of objects of capital construction: the self-adjustable organisations based on membership of persons, carrying out engineering researches; the self-adjustable organisations based on membership of persons, carrying out preparation of the design documentation; the self-adjustable organisations,

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Based on membership of the persons who are carrying out building.

According to the current legislation the noncommercial organisation has the right to get the status of the self-adjustable organisation based on membership of persons, carrying out building, under condition of conformity of the noncommercial organisation to following four requirements:

- Association as a part of the noncommercial organisation as its members not less than hundred individual businessmen and (or) the legal bodies who are carrying out building on the basis of the contract building podrjada, individual businessmen and (or) the legal bodies who are builders, is independent [196] carrying out the building, registered in a statutory order in territory of the subject of the Russian Federation in which such self-adjustable organisation is registered, and individual businessmen and (or) the legal bodies who are carrying out building;

- Absence at the noncommercial organisation of the territorial divisions, the isolated branches and the representations located outside of territory of the subject of the Russian Federation in which such noncommercial organisation is registered;

- Presence at the noncommercial organisation of an indemnification fund of compensation of the harm generated in size, established by the current legislation;

- Presence at the noncommercial organisation of standards of the self-adjustable organisation and internal documents, working out and which statement the self-adjustable organisation according to the current legislation, are obligatory ";

Liquidation of the noncommercial organisation having the status

The self-adjustable organisation, it is carried out only after an exception of data on it of the state register of the self-adjustable organisations and transfer as it should be and when due hereunder means of its indemnification fund for the special bank account of National association of the self-adjustable organisations which member was such

The self-adjustable organisation.

According to the Federal act from 03.07.2016 N 360-FZ «About modification of separate acts of the Russian Federation», since October, 2016 each member of the self-adjustable organisation should inform independently in the Uniform federal register of data on the facts of activity of legal bodies of data on membership in the self-adjustable organisation (the introduction into members, the membership termination) with instructions [197]

Names (surnames, a name and if is available, patronymics) a member of the self-adjustable organisation, its identifiers (identification number of the tax bearer, basic state registration number for legal bodies, insurance number of the individual personal account and if is available, identification number of the tax bearer for physical persons), the contact address for communication with a member of the self-adjustable organisation, the name of the self-adjustable organisation, its identifiers

(Identification number of the tax bearer, basic state registration number), kinds of activity which can be carried out in connection with membership in such self-adjustable organisation.

Since July, 1st, 2017 according to the current legislation realisation of enterprise activity on performance of engineering researches, on realisation architecturally - building designing, building, reconstruction, major repairs of objects of capital construction on the basis of the certificates granted by the self-adjustable organisation on the admission to a certain kind or kinds of works is not supposed.

Let's result short some "marks" of the future changes in the self-regulation organisation in oil and gas building.

By November, 1st, 2016 all indemnification funds of the self-adjustable organisations should be translated in the banks authorised by the government, and the self-adjustable organisations are obliged about it to notify Rostehnadzor within seven calendar days. Till March, 1st, 2017 all self-adjustable organisations should be defined with the structure and, in case of need, to be consolidated with other self-adjustable organisation, to correspond to the statutory requirement to the minimum number of the self-adjustable organisation. On July, 1st, 2017 building admissions cease the action. In this connection membership in the self-adjustable organisation of those members who has sent the notice on an exit from the self-adjustable organisation, stops not later than this date.

Membership of those who has not expressed intention to remain and has not written the statement for an exit from the self-adjustable organisation, also stops since July, 1st, 2017 under the decision of constantly operating collegiate body of management of the self-adjustable organisation.

The above-stated allows to establish, that in sphere of oil and gas building there is a formation kvazigosudarstvennoj systems of the control bodies characterised, first, by regional structure, secondly, by standards of activity, is standard approved on federal level.

So, in the given paragraph specificity of legal bases of functioning of the self-adjustable organisations in sphere of oil and gas building has been considered now and directions of rather serious changes fixed by the current legislation are systematised.

Let's consider in more details a question on specificity of kontrolno-supervising activity concerning institute of the self-adjustable organisations in sphere of oil and gas building which is carried out with the assistance of National association of builders Rostehnadzorom and Minstroem Russia.

Does not cause doubts that building of the Russian statehood assumes presence of an effective control system by a society, the control from the state behind observance of rules of law, a uniform state policy, hence, realisation of control functions in oil and gas sphere is an inevitable condition of positive development of the government in the given area.

What from itself represents the control? In the scientific literature the given concept is treated differently. M.S.Studenikina fairly approved, that «social appointment of the control, it would not be carried out by what body, consists in supervision over conformity of activity of under control object to those instructions which it (object) receives from an operating link (body, the official). In the course of such supervision the actual state of affairs is analyzed, true position is compared with

The planned purposes, estimate controllable activity and

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Ways of elimination of the opened lacks »are defined.

The control assumes an estimation of activity of controllable object from the point of view not only legality, but also expediency, an optimality of concrete actions; possibility of bodies of the control to make accountable.

Control version is the state control - one of the basic functions of the state.

The purposes and control problems are carried out at observance of certain principles of the control defined as conventional rule of actions in the course of realisation of control activity, meeting the requirements of objectivity, definiteness, stability, concreteness and interrelation with other principles [198 [199]. However it is necessary to pay attention that the problem of such principles in theoretical, methodological and practical aspects while is insufficiently developed.

With reference to objects of an oil and gas complex it is important to know an object condition as at the moment time, and during the prolonged period. Such prognosticheskaja the control orientation causes necessity of the analysis of dynamics of a condition of the controllable subject (object).

It is expedient to consider as a subject of the control a condition of elements of an oil and gas complex in whole and their parts. In the given situation there is a certain narrowing of a subject of the control, «it includes those properties and object characteristics on which control activity is directed or which are used in this activity as its means» [200].

Legal problems of maintenance of the state supervision in an oil and gas complex demand the complex analysis and revealing

Discriminating features. Thereupon one of key characteristics of kontrolno-supervising activity in an oil and gas complex is the combination of two kinds of supervising activity: ecological supervision and supervision in the field of maintenance of industrial safety. It is necessary to underline, that the important role in reproduction maintenance mineralnosyrevoj bases of Russia, its rational use and protection of bowels in interests present and the future generations of the people of the Russian Federation is played by the state ecological supervision in an oil and gas complex. J.A.Blazheev establishes, that for activity of an oil and gas complex the great value has also ground supervision, in particular, for example, requirements on rekultivatsii the earths which are a necessary condition of mining operations, supervision in the field of the reference with a waste, supervision on a continental shelf of the Russian Federation.

Essential line of kontrolno-supervising activity

The state bodies its orientation on the decision of problems in interests of achievement of the state purposes which change in the course of formation and development of the state [201 [202] [203] is.

Speaking about the control as, first of all, it is necessary for version of administrative functions to make a start from wide understanding of the government (vlastvovanija). Concerning this JU.A.Tikhomirov specified in the following: «the Government is the organised process of a management, regulation and the control over development of spheres of economy and culture, other spheres of the state life».

The importance of kontrolno-supervising activity as government element (vlastvovanija), its role in realisation of the Policy of Law as a whole explains necessity of revealing of its essence. In the legal literature the opinion is expressed, that the essence of the control consists in fixation of adequacy (conformity) to the purposes of decisions, actions and results of these actions, in definition of degree of conformity planned conditions of controllable object. Thus, as a whole, the essence of the control is concretised in activity on check of conformity of results of the given activity to in advance fixed parametres.

The essence of the control constitutes activity of the state in the name of its bodies and members of a civil society which is directed, first of all on search and the subsequent analysis of the information on events and the processes having the state-legal importance and on revealing of various mismatches, infringements, deviations from operating rules of law and social values. One more significant characteristic of the control is its orientation on the formulation and a substantiation of offers on correction of the purposes or perfection of rules of law.

According to A.B.Zelentsova, the sense of such control consists in that by means of various organisation-legal means to establish, whether actions of controls and officials lawful are, whether there are no in them deviations from effective standards, and if those are available in due time to eliminate them, or to resolve arising thereof disputes, to restore the rights broken thus, to indemnify the caused loss and to involve, in the necessary cases, guilty persons to responsibility [204].

By the governmental order of the Russian Federation from November, 19th, 2008 №864 it is defined, that the state control (supervision) over activity of the self-adjustable organisations in the field of engineering researches, architecturally-building designing, building, reconstruction, major repairs of objects of capital construction, and also conducting the register of the specified organisations are carried out by Federal service on ecological, technological and nuclear supervision (Rostehnadzorom).

According to the Federal act accepted in 2009 «About modification of Federal act item 20« About the self-adjustable organisations »the norm set forth above operates in the following edition:« Conducting the state register of the self-adjustable organisations is carried out by the authorised Government of the Russian Federation federal enforcement authority in case the authorised federal enforcement authority which is carrying out functions under the control (supervision) over activity of the self-adjustable organisations in the established field of activity »is not defined.

Application of the branch approach according to which the authorised state supervising body supervises the self-adjustable organisations in the directions of the activity corresponding to established sphere of the control and supervision of the authorised body, is quite justified. So, in Rules of conducting the state register of the self-adjustable organisations approved by the Governmental order of the Russian Federation from September, 29th, 2008 №724, it is noticed, that data on the accepted standards and rules of the self-adjustable organisation are brought in the state register of the self-adjustable organisations including. Procedure of entering of the given data in the register assumes necessity, first, to carry out analysis of the names accepted in the self-adjustable organisation of standards with base directions of activity of the given organisations, secondly, to make sure, that accepted standards really correspond to the accepted federal standards.

To execute FZ from 21.07.1997 № 116 «About industrial safety of dangerous industrial objects», Rostehnadzor develops corresponding rules and instructions and carries out the control and supervision of their execution [205].

For entering into the state register of the self-adjustable organisations of data on the noncommercial organisation, it represents to corresponding National association of the self-adjustable organisations the statement for entering of data for such noncommercial organisation in the state register of the self-adjustable organisations, the documents provided by corresponding norms of the legislation on the self-adjustable organisations and documents, confirming conformity of such noncommercial organisation to the requirements fixed in the town-planning legislation. Specified in the present part the statement and the Given documents can be presented on the paper carrier or in the form of electronic documents (a package of electronic documents), signed by the self-adjustable organisation with use of the strengthened qualified digital signature [206 [207]. ";

Administrative regulations of Federal service on ecological, technological and nuclear supervision on granting of the state service in entering of data into the state register of the self-adjustable organisations in the field of engineering researches, architecturally-building designing, building, reconstruction, major repairs of objects of the capital construction, approved by order Rostehnadzora from March, 31st, 2016 № 132 establishes terms and sequence of administrative procedures of Federal service on ecological, technological and nuclear supervision by granting of the state service in entering of data into the state register of the self-adjustable organisations in the field of engineering researches, architecturally-building designing, building, reconstruction, major repairs of objects of capital construction, an order of interaction between structural divisions Rostehnadzora, their officials, and also interactions Rostehnadzora with applicants or their authorised representatives, public authorities and local governments.

The self-adjustable organisation in the field of engineering researches, architecturally-building designing, building, reconstruction, major repairs of objects of capital construction is defined by the given Administrative regulations as the noncommercial organisation created in the form of association (union) and based on membership of individual businessmen and (or) the legal bodies who are carrying out engineering researches or carrying out architecturally-building designing, building, reconstruction, major repairs of objects of capital construction according to point 17 of article 1 of the Town-planning code of the Russian Federation from December, 29th, 2004 N 190-FZ

The basis to start an administrative procedure on decision-making on entering of data on the self-adjustable organisation in the Register of the self-adjustable organisations or the decision on refusal in entering of data on the self-adjustable organisation into the given Register is end of consideration of the statement of the self-adjustable organisation and applied documents, and also the received answers to interdepartmental inquiries.

It is necessary to notice, that interdepartmental inquiries in the form of the electronic document subscribe the strengthened qualified digital signature. Such signature corresponds to all signs of not qualified signature (it is received as a result of cryptographic transformation of the information with use with use of a key of a digital signature; allows to define the person who has signed the electronic document; allows to find out the fact of modification of the electronic document after the moment of its signing; it is created with use of means of a digital signature) and to two additional signs: the key of check of a digital signature is specified in the qualified certificate and the means of a digital signature used for its creation, should receive conformity to the established requirements.

In case the statement of the self-adjustable organisation and applied documents correspond to requirements of the legislation of the Russian Federation, the applicant makes State Tax payment, and also about possibility of entering of data on the self-adjustable organisation the conclusion of National association of the self-adjustable organisations is presented to the meant Register, the expert of the authorised department prepares the project of organizational-administrative document Rostehnadzora about entering of data on the self-adjustable organisation into Register SRO, and in the appendix to the given document the list of kinds of works on engineering researches, on preparation of the design documentation, on building, reconstruction, major repairs of objects of capital construction which influence safety of objects of capital construction is underlined, the right of delivery of certificates on the admission to which is carried to a field of activity of the self-adjustable organisation.

The notice on entering of data on the self-adjustable organisation in the Register of the self-adjustable organisations is made out in duplicate on the paper carrier after signing by head Rostehnadzora of the organizational-administrative document, registered when due hereunder and assured by official stamp Rostehnadzora. One copy of the notice in target dates goes the custom-made item of mail with the notice to the self-adjustable organisation or stands out to the applicant personally, and the notice second copy goes the custom-made item of mail to corresponding National association of the self-adjustable organisations.

The notice on refusal in entering of data on the self-adjustable organisation into the Register, accompanied by the appendix motivirovannogo refusal, should be issued in one copy on the paper carrier, is signed by head Rostehnadzora and directed by the custom-made item of mail to the self-adjustable organisation, or given out personally to the head of an executive office of the self-adjustable organisation at representation of the copy of the document confirming the fact of execution by the specified person of duties of the head of an executive office assured by the applicant, and a presentation of the document proving the identity. The given notice can be given out and to the person operating on the basis of the power of attorney of the self-adjustable organisation, authorising it on reception of the specified documents, at representation of the original of such power of attorney issued according to the legislation of the Russian Federation, and a presentation of the document proving the identity.

It is necessary to investigate admissible quantity of administrative violations and the size of the penalty at which there comes the moment of an exception of the register.

The control is come under also by activity of national associations of the self-adjustable organisations. Administrative regulations on execution by the Ministry of building and housing and communal services of the Russian Federation of the state function on realisation of the state control over activity of national associations of the self-adjustable organisations having the right of delivery of certificates about

The admission to works which influence safety of objects

208

Capital construction, establishes terms and sequence of administrative procedures of the Ministry of building and zhilishchnokommunalnogo economy of the Russian Federation at realisation of the state control over activity of national associations of the self-adjustable organisations having the right of delivery of certificates on the admission to works which influence safety of objects of capital construction, and also an order of interaction between [208] structural divisions of the Ministry, their officials, interactions of the Ministry with physical and legal bodies, national associations of the self-adjustable organisations, other public authorities in the cases provided by operating town-planning legislation of Russia.

Checks of national associations of the self-adjustable organisations are spent by the state civil employees of responsible structural division of the Ministry, but to check of national association of the self-adjustable organisations can experts, the expert organisations which do not consist in civil-law and labour relations with national association of the self-adjustable organisations in which relation check is spent are involved, and are not affiliated persons of checked national association of the self-adjustable organisations.

Execution of the state function on realisation of the state control over activity of national associations of the self-adjustable organisations having the right of delivery of certificates on the admission to works which influence safety of objects of capital construction includes following administrative procedures: check appointment; preparation of the program of check;

Check realisation; registration and realisation of results of check; entering of the information into the uniform register of checks; inquiry about information granting.

Term of carrying out of the check, fixed by a time interval between dates of its beginning of the termination, cannot exceed twenty working days.

The state function is carried out in the form of documentary, exit planned and documentary, exit off-schedule checks of national associations of the self-adjustable organisations, and also in the form of inquiry about granting of the information in the form of the report necessary for realisation of the state control. Documentary check is carried out on the location of responsible structural division of the Ministry. Exit check is carried out on the location of national association of the self-adjustable organisations in which relation check is carried out.

Checks can be planned and off-schedule. Planned check of national association of the self-adjustable organisations is carried out on the basis of the annual plan approved by the Ministry and spent not more often than an once in three years. The basis for inclusion of planned check in the annual plan of carrying out of planned checks is the expiration of three years from the date of or the state registration of national association of the self-adjustable organisations, or the termination of carrying out of last planned check national associations of the self-adjustable organisations.

It is obvious, that in connection with cancellation with 1 julja 2017 according to the current legislation of so-called building admissions: «realisation of enterprise activity on performance of engineering researches, on realisation of architecturally-building designing, building, reconstruction, major repairs of objects of capital construction on the basis of the certificates granted by the self-adjustable organisation on the admission to a certain kind or kinds of works is not supposed...» The question on a regulation of activity of the self-adjustable organisations and on perfection of kontrolno-supervising activity of enforcement authorities concerning activity of subjects of oil and gas building is staticized.

3.2.

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A source: Vasilev Evgenie Valerevich. the MECHANISM of is administrative-LEGAL REGULATION of the OIL AND GAS COMPLEX In Russia: perfection problems at the present stage. The dissertation on competition of a scientific degree of the master of laws. Moscow 2018. 2018

More on topic 3.1. The self-adjustable organisations in oil and gas building and problems of their integration into the mechanism of is administrative-legal regulation.:

  1. concept and essence of the mechanism of is administrative-legal regulation of an oil and gas complex.
  2. system of rules of law and certificates pravoprimenenija in the mechanism of is administrative-legal regulation of an oil and gas complex.
  3. Chapter 1. THEORETICAL BASES of the MECHANISM of is administrative-LEGAL REGULATION OIL AND GAS COMPLEX.
  4. Chapter 2. BASE ELEMENTS of the MECHANISM of is administrative-LEGAL REGULATION OIL AND GAS COMPLEX
  5. Vasilev Evgenie Valerevich. the MECHANISM of is administrative-LEGAL REGULATION of the OIL AND GAS COMPLEX In Russia: perfection problems at the present stage. The dissertation on competition of a scientific degree of the master of laws. Moscow 2018, 2018
  6. Chapter 3. STRUCTURAL TRANSFORMATIONS of the MECHANISM of is administrative-LEGAL REGULATION OIL AND GAS COMPLEX AT THE PRESENT STAGE
  7. an oil and gas complex as object of is administrative-legal regulation: the basic definitions.
  8. §3. Ekologo-legal problems in an oil and gas complex
  9. evolution of legal regulation of an oil and gas complex (branch) in Russia
  10. §2. Ekologo-legal regulation of activity of subjects of an oil and gas complex
  11. §1. Concept of ekologo-legal regulation of activity of an oil and gas complex
  12. features it is administrative-legal status the enforcement authorities regulating functioning of an oil and gas complex of Russia