Subsidiary liability of a self-regulatory organization in the system of methods for ensuring the fulfillment of obligations

Relevance. Self-regulation is one of the most rapidly developing legal institutions, but its development faces a number of difficulties, both theoretical and practical. The question of the place of self-regulation in the legal system, its classification as an institution of private or public law is debatable. The problem of subsidiary liability of a self-regulatory organization for its members to consumers of goods (works, services) also requires additional attention, in particular the possibility of classifying it as a method of ensuring the fulfillment of an obligation.

The purpose is to develop scientifically substantiated provisions on the subsidiary liability of self-regulatory organizations. Research objectives: to determine the legal nature of self-regulation; to identify private law aspects of self-regulation; to characterize the subsidiary liability of SROs and to establish its relationship with the institution of ensuring the fulfillment of obligations.

 Methodology. The article is based on the methods of analysis, deduction, description, generalization, formal legal, systemic methods.

 Results. Self-regulation combines both private law principles and public law ones. The private nature of self-regulation is manifested in the voluntary nature of membership, as well as the imposition of civil liability on it for the actions of its members. The public element is that membership (admission) to the SRO gives the right to carry out certain types of activities.

The liability of a self-regulatory organization for damages caused by its members is an important tool in protecting the interests of consumers of goods (works, services) and this differs from licensing.

The application of subsidiary liability of a self-regulatory organization should cover any adverse property consequences that have arisen for the consumer of goods (works, services) due to improper performance of their obligations by an SRO member.

Conclusions. Subsidiary liability of an SRO is a way to ensure the fulfillment of an obligation aimed at creating additional guarantees for the creditor of the proper fulfillment of the obligation at the expense of the property of a third party.

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