Nikitin V.V. Foreign construction companies in self-regulated organizations: issues of management

Abstract: The article considers the issues of foreign construction companies’ membership in self-regulated organizations in the field of construction. The author analyzes the provisions of the current Russian legislation regulating relations in the field of a foreign organization’s admission to construction activity. The research subject includes the differences and similarities between qualification requirements, procedures and the status of self-regulated organizations of foreign construction organizations and residing organizations. The author pays attention to the issues of safety ensuring in construction via administrative public legal methods. The study is carried out from the position of administrative and entrepreneurial law, taking into account that the problem of self-regulation in safety ensuring is based on the combination of regulation by public-legal and civilized means. The author concludes that the foreign construction organizations’ legal status regulation in the Russian Federation is carried out primarily by substatutory acts and contains numerous gaps; still the self-regulated organization membership, from the point of law, doesn’t require the establishment of a branch or representational office in Russia. The current legal provisions, perhaps, indirectly restrict the right of foreign construction organizations’ permit to construction activities (general contract). 

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