Protecting Subjective Rights of Self-regulating Organizations in the Event of Disputes about Charging Fees from its Members — Persons Performing Functions Influencing the Security of the Objects of Capital Development

Abstract

Kruzhkova Svetlana - Рostgraduate Student, Institute of Legislation and Comparative Law under the Government of Russian Federation. Address: 34 Bol’shaya Cheryomushkinskaya Str., Moscow, 117218, Russian Federation. E-mail: svetlana-kruzhkova@yandex.ru.

The article reveals the features of legal relations between self-regulating organizations in development sphere and their members on the payment fees. The author analyzed the judicial acts in which the qualification is given on the payment fees. The paper showed that the overwhelming majority of courts classified a dispute about collecting fees as corporate for two reasons: 1) because it arises in the management of a non-profit partnership, 2) because the fee is paid according to the charter, and not on the economic contracts. The author does not consider the relations on the payment fees as corporate relations. In her opinion, corporate relations arise only during 1) the participation in organization or 2) the management of organization, regardless whether it is a commercial organization or not. The right to participate is the absolute right of the participant to express the will, which may have an impact on the will of corporation. The right to manage is the absolute corporation’s right, when expressing the will is based on a proper formed will, and entails the legal consequences. According to the author, absolute corporate rights are protected indirectly — through the restoration of rights in relative legal relations. In the author’s opinion the requirement of self-regulating organization for payment fees is not the subject of corporate dispute, because the breach of duty to pay fees does not violate the rights of organizations to form their will and express it in relations with third parties. In cases of collection of fees self-regulating organizations do not need additional legal protection provided to the participants of corporate disputes. The relations on the payment fees are compensatory and imply self-regulating organization’s duty to provide services to their members and members obligations to pay for services (in the form of fees). If the subject of obligation between self-regulating organization and their members is not defined, and execution of obligations has not been proved, the rights of self-regulating organization cannot be considered breached and its claim for payment fees shall not be satisfied.