The norms of the Federal Law “On Self-Regulatory Organizations in the Sphere of the Financial Market” are analyzed in the article. The relevance of the study of these issues is due to the dynamically developing legislation in the financial market regulation field. Attention is drawn to aspects of interaction between the mega regulator, the Bank of Russia, and self-regulated organizations on the financial market. The questions of definitions are investigated, imperfections of the conceptual apparatus due to lack of specification of key terms have been revealed. A wide range of participants operating in the financial market as well as the diversity of their activities are analysed. When studying the legal status of a self-regulating organization in the financial market, it is necessary to pay attention first to the requirements imposed on it by its foundation. This is both a certain institutional-legal form, and an association within a self-regulating organization of not less than 26% of persons operating in this segment of the financial market, requirements to the management structure, etc. Issues of mandatory membership in a self-regulatory organization in financial markets are raised, as well as the combination of self-regulation and licensing institutions. Of course, we could not avoid to touch upon the issues of activity formation standards for the financial market professional participants, as well as participation of a self-regulating organization in this process.

self-regulatory organization, financial market, bank of russia

Gorbach Olga Vladimirovna

Candidate of Economic Sciences, Associate Professor, Civil Law Department Law Institute of Irkutsk State University

664003, Irkutsk, Karl Marx Str., 1, Russian Federation

e-mail: olga.gorbach.2015@list.ru

Some Issues of Self-Regulation in the Financial Market. Sibirskij yuridicheskij vestnik, 2020, no 1 (88), pp. 51–57. (in Russian)

346.252+346.543+347.19

LVNIBW

1. Borovkova V.A., Borovkova V.A., Guryanov Р.А. To the issue of regulation of the securities market of the Russian Federation. Financial analytics: problems and solutions, 2015, no. 16, pp. 2-15. (in Russian)

2. Gorlovskaya I.G. Formation of a securities market regulation model in the mega-regulation system of financial markets in Russia. Herald of Omsk University. Series Economics, 2018, no. 2, pp. 13-24. (in Russian)

3. Evsikov A.M. State control in the field of financial market. Laws of Russia: Experience, Analysis, Practice, 2017, no. 7, pp. 13-17. (in Russian)

4. Petrov D.A. State regulation and self-regulation in the financial market: correlation problems. Laws of Russia: Experience, Analysis, Practice, 2017, no. 8, pp. 25-29. (in Russian)

5. KHabarov S. A. Legislative novels and regulation of professional activity in the market of financial instruments. Law and Economics, 2016, no. 3, pp. 62-66. (in Russian)