Self-Regulation and a Conflict of Interests: Ontological Prerequisites and Special Aspects of the Legal Regulation

The work is devoted to the study of the specifics of the legal category “conflict of interest” in the field of self-regulation. It has been established that the very idea of self-regulation is ontologically based on a conflict of interest, which consists in giving the SRO the opportunity to establish mandatory norms and standards of behavior for itself and its members, and to monitor their compliance itself. Analyzing the norms governing the conflict of interests in the field of SRO, based on the content of regulation and its orientation, as well as from the point of view of the legal force of the regulator by which they are established, the author highlights, firstly, the norms that consolidate measures aimed at eliminating or reducing conflicts of interest, which can be established by law, as well as standards and rules installed by the SRO itself. Secondly, measures to prevent or resolve conflicts of interest, which can be established in addition to standards and rules by the charter of the SRO.