Partnership

The article says the ambiguity of the wording to exclude persons from membership in the SRO in the building. Of greatest interest is the order of involuntary termination of membership in the SRO in the building, ie exclude a person from SRO. From the perspective of the author of this article, in Part 2 of Art. 55.7 GRK Russian lawmaker has applied unsuccessfully language, writing that "self-regulatory organization decides on the expulsion of members in case … ' There are just two questions: first, whether existing in Part 2 of Art. 55.7 GDC Russia list of grounds for exclusion of members of the SRO in the construction of a comprehensive, secondly, the exclusion of individuals from member organizations in these cases – it's right or SRO duty? Answering the first question we must turn to the norms of paragraph 4 of Art. 8 of the non-profit organizations, according to which a member of the nonprofit partnership may be expelled by a decision of the remaining members in cases and in the manner prescribed by the constituent documents of the nonprofit partnership, except when the non-profit partnership has acquired the status of SRO in the building. If the non-profit Partnership acquired the status of SRO, then, according to the legislator, the grounds and procedure for exclusion of members of the partnership can not be established by the constituent documents, and must be prescribed by law. Thus, in accordance with Art. 10 of the self-regulatory organizations face exclusion from the members of SRO can be used solely as a disciplinary measure in cases where it is recommended that a disciplinary body and CPO confirmed decision of a permanent collegial body.