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Article

Саморегулирование как способ правовой децентрализации в России

Subject of research are social relations in the field of self-regulation, is the legal nature of the results - acts of self-regulation. The integrity of the legal system is broken, not only from the contradictions and conflicts within itself, but due to the fact that a significant share of social regulation goes to the self-regulated organizations. These organizations establish rules of access to the economic markets, conditions for conducting business activity and liability for violations of these terms and conditions. In fact, they restrict the freedom of economic activity. The goal of the study is to show that in Russia there is a trend of decentralization of the legal system in connection with the adoption and the action of the self-regulatory acts. And to such a decentralization had no negative consequences, acts of self-regulation should be adopted in a specific order based on a number of requirements as to their form and content. Article was based on the analysis of specific acts of self-regulating organizations and the practice of their activity:  General requirements for the performance of work, control regulations, regulations on the admission and membership fees.  Expert surveys of self-regulated organizations in building sphere. Was carried out legal analysis of the procedure for adoption of regulations. It is noted that decisions are not always complied with the conditions of their wide discussion, publicity and openness. Found that the most common are two approaches to understanding of self-regulation in Russia: economic and legal. Established by their similarity. Acts of self-regulation are comparable with local, within the organizational and corporate acts, assignable legal characteristics. The legal nature of the acts of self-regulation due to the fact that they are acts of social regulation, determine the rules of conduct. In this regard, are essential requirements to the process of creation and implementation of these instruments, their maintenance, in particular, such as legal certainty (the clarity and unambiguous provisions). The findings of the study can be applied in the theory and practice of Economics and law in the sphere of development of self-regulation and activities of self-regulatory organizations in Russia.