Classifications and types of enterprises. Abstract: Forms of ownership and types of enterprises in the Russian Federation
An enterprise (firm) is an independent (separate) entity, which primarily means freedom in making economic decisions. However, any decision regarding the activities of the enterprise is made taking into account the results of the analysis of the internal and external environment.
Internal environmentfirms- this is the enterprise's own economy, covering all the components of its activities; production processes, product sales, financial, material and personnel support, - management system.
External environmentfirms— this is the economic, legal and social environment in which the enterprise operates, being part of the national economy. The external environment of the firm can be schematically represented as follows (Fig. 1).
Rice. 1. The external environment of the enterprise (firm)
The entrepreneurial sector of the national economy usually has a huge number of firms, which, for the purposes of economic analysis, are grouped according to a number of essential features. The most common are classifications by form of ownership, size, nature of activity, industry affiliation, dominant factor of production, legal status.
By type of ownership companies are divided into:
· private enterprises, which can exist either as completely independent, independent firms, or in the form of monopolistic associations and their constituent parts. Private firms can also include those firms in which the state has a share of the capital (but not the predominant one);
· state enterprises, which are understood as purely state-owned, in which capital and management are wholly owned by the state, andmixedwhere the state owns most of the capital or plays a decisive role in governance. According to the recommendation of the Organization for Economic Co-operation and Development (OECD), state-owned enterprises should be considered enterprises in which state bodies own the majority of the capital (over 50%), and / or those that are controlled by them (through state officials working in the enterprise);
· mixed enterprises sometimes occupy a significant place in the economic life of the country. For example, in Russia in the late 90s. the state retains a stake in many privatized enterprises (a quarter of all employees work at these enterprises).
By size enterprises are divided into small, medium And large based on two main parameters: the number of employees and the volume of production (sales).
Small enterprises usually predominate in number (in Russia, they account for about 1/2 of the total number of enterprises).
IN different countries Small business is defined differently. According to the Law "On State Support for Small Business in the Russian Federation" dated June 14, 1995, in our country, these include those enterprises where the average number of employees does not exceed 30 people - in retail trade and consumer services, 50 people - in wholesale trade, 60 people - in the scientific and technical field, agriculture and 100 people - in transport, construction and industry.
Firm classification by nature of activity involves dividing them into producing wealth(consumer or investment goods) and services.
This classification is close to the classification of the enterprise by industry , which subdivides them into industrial, agricultural, trade, transport, banking, insuranceetc.
Enterprise classificationon the basis of the dominant factor of production highlights labor-intensive, capital-intensive, material-intensive, knowledge-intensive enterprises.
Legal status (organizational and legal forms) in Russia, the following types of enterprises are distinguished according to the Civil Code of the Russian Federation:
· individual entrepreneurs
· business partnerships and companies;
· production cooperatives;
· state and municipal unitary enterprises;
· non-profit organizations(including consumer cooperatives, public and religious organizations and associations, foundations, etc.). (Fig. 2).
Rice. 2. Organizational and legal forms of enterprises in Russia
Individual entrepreneurs. If an individual citizen is engaged in entrepreneurial activity, but without forming a legal entity (for example, organizes his own farm), then he is recognized as an individual entrepreneur. An individual entrepreneur bears unlimited property liability for obligations.
Under contract simple partnership (agreement on joint activity) two or more persons (partners) undertake to combine their contributions and act jointly without forming a legal entity to make a profit or achieve another goal that does not contradict the law. Only individual entrepreneurs and/or commercial organizations can be parties to such an agreement.
General partnership . A partnership is recognized as full, the participants of which (general partners), in accordance with the agreement concluded between them, are engaged in entrepreneurial activities on behalf of the partnership and are liable for its obligations with their property. The management of the activities of a general partnership is carried out according to common consent all participants. As a rule, each participant in a general partnership has one goalos. The participants in a general partnership jointly and severally bear subsidiary liability property belonging to them for the obligations of the partnership, i.e. with all their property, including personal.
General partnerships are concentrated mainly in agriculture and the service sector and are, as a rule, small-scale enterprises, the activities of which are quite easily controlled by their participants.
Faith partnership. A limited partnership (limited partnership) is a partnership in which, along with the participants who carry out entrepreneurial activities on behalf of the partnership and are liable for the obligations of the partnership with their property ( full partners), there is one or more contributors (limited partners) who bear the risk of losses associated with the activities of the partnership, within the limits of the amounts they have made contributions and do not take part in the implementation of the partnership entrepreneurial activity. Since this legal form allows attracting significant financial resources through an almost unlimited number of limited partners, it is typical for larger enterprises.
Limited Liability Company (OOO). A company founded by one or more persons is recognized as such, the authorized capital of which is divided into shares of the sizes determined by the constituent documents. Members of an LLC are not liable for its obligations and bear the risk of losses associated with the activities of the company, to the extent of the value of their contributions. The authorized capital of an LLC is made up of the value of the contributions of its members. This legal form is most common among small and medium enterprises.
Company with additional liability (ODO) a company established by one or more persons is recognized, the authorized capital of which is divided into shares of the sizes determined by the constituent documents; the participants of such a company jointly and severally bear subsidiary liability for its obligations with their property in the same for all multiples of the value of their contributions, determined by the constituent documents of the company. In case of bankruptcy of one of the participants, its liability for the obligations of the company is distributed among the other participants in proportion to their contributions, unless a different procedure for the distribution of responsibility is provided for by the constituent documents of the company.
Joint-Stock Company (AO). A joint stock company is a company whose authorized capital is divided into a certain number shares. AO members ( shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their shares.
Joint stock company whose members may alienate their shares without the consent of other shareholders, recognized open (OAO). Such a joint-stock company has the right to subscribe for shares issued by it and their free sale on the terms established by law. An open joint-stock company is obliged to annually publish for general information the annual report, balance sheet, profit and loss account.
Joint stock company whose shares are being distributed onlyamong its founders orothera predetermined group of people, recognized closed (COMPANY).
The founding document of a JSC is its charter.
Authorized capital JSC is made up of the nominal value of the shares of the company acquired by the shareholders.
The supreme governing body of the JSC is General Meeting of Shareholders.
The advantages of the joint-stock form of enterprise organization are:
the possibility of mobilizing large financial resources;
the ability to quickly transfer funds from one industry to another;
· the right to freely transfer and sell shares, ensuring the existence of the company regardless of changes in the composition of shareholders;
limited liability of shareholders;
separation of ownership and control functions.
The legal form of a joint-stock company is preferable for large enterprises where there is a great need for financial resources.
Production cooperatives
production cooperative(artel) recognized as a voluntary association of citizens on the basis of membership for joint production activities based on their personal labor and other participation in the association of its members (participants) of property share contributions. The production cooperative is commercial organization. Its founding document is charter approved by the general meeting of members of the cooperative. The number of members of the cooperative must not be less than five. The property owned by the production cooperative is divided into shares its members in accordance with the charter of the cooperative. The cooperative is not entitled to issue shares. A member of the cooperative has one vote when decisions are taken by the general meeting.
State And municipal unitary enterprises
unitary enterprise called a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. Besides, this property is indivisible, i.e. cannot be distributed among contributions (shares, shares), including between employees of the enterprise. In Russia, in the form of unitary enterprises, there are only state And municipal enterprises. They manage, but do not own the state (municipal) property assigned to them. If such an enterprise is based on lawoperational management federal property, i.e. managed by state bodies, it is referred to as a federal state-owned enterprise. All other unitary enterprises are enterprises based on the right of economic management.
Non-Profit Organizations
Non-profit organizations are consumer cooperatives, public and religious organizations, foundations.
consumer cooperative a voluntary association of citizens and legal entities on the basis of membership is recognized in order to meet the material and other needs of the participants, carried out by combining property share contributions by its members. Typically, a consumer cooperative provides its members with certain consumer benefits.
Public and religious organizations (associations) voluntary associations of citizens who, in accordance with the procedure established by law, have united based on the commonality of their interests to meet spiritual and other non-material needs.
1. By form of ownership:
§ State. enterprises - 3.4%
§ Municipal enterprises – 5.3%
§ Ownership of public and religious enterprises - 5.3%
§ Private property - 80.5%
§ Property of Russian citizens permanently residing abroad
§ Consumer cooperation (trade in the countryside, Rospotrebsoyuz) - 0.1%
§ Mixed ownership of Russian enterprises – 2%
§ Foreign ownership - 1.9%
§ Joint Russian and foreign ownership – 1.8%
By the value of fixed assets:
§ State - 23%
§ Non-state - 77%
By number of employees:
§ State. and municipal - 34%
§ Private - 54%
§ Public and religious - 0.6%
§ Mixed Russian - 8%
§ Mixed Russian and foreign - 4%
2. By organizational and legal forms:
§ Business partnerships and companies
§ Production cooperatives or artels
§ Unitary enterprises
3. By the scale of enterprises and their production activities:
§ Large and largest
§ Medium and small
Small businesses include:
§ Individuals (not legal entities) engaged in individual entrepreneurship;
§ Commercial enterprises in which the number of workers does not exceed 100 people in industry and construction, 60 in transport and science, 50 in wholesale trade, 30 in retail trade, and 50 in other industries. public organizations less than 25%. The share of capital owned by persons who are not subjects of a small enterprise is less than 25% (980 thousand)
If the number of employees is less than 15 people, then the enterprise has the right to enjoy benefits (on taxes, use accelerated depreciation methods).
§ Trade - 46%
§ Real estate transactions - 15%
§ Manufacturing - 12%
§ Construction - 11%
Problems:
Ø Small business in the Russian Federation is underdeveloped.
Ø The problem of combining production (so that there are small, medium, and large enterprises).
Ø The problem is in the legal field.
Ø Great impact on energy prices.
Ø Lack of highly qualified personnel.
Ø High interest rates on bank loans.
Ø Pricing policy is poorly regulated.
The basis of the economy is large and large enterprises. Transnational corporations have emerged.
4. By type of production:
§ Single
§ Serial
§ Bulk
5. According to the methods of organizing the production process:
§ Single production
§ Batch production
§ In-line production
6. By purpose and nature of production processes:
§ Production of means of production (group A)
§ Production of consumer goods (Group B)
7. By the nature of the consumed raw materials:
§ Mining industry
§ Manufacturing
8. By the nature of technology:
§ Continuous
§ Discontinuous
9. By the time of work during the year:
§ Year-round businesses
§ Seasonal businesses
10. According to the degree of mechanization and automation:
§ Comprehensively automated
§ Partially automated
11. By cost structure:
§ Labor-intensive
§ Material-intensive
§ Capital-intensive
§ Energy intensive
Organizational and legal forms of the enterprise. Organization Features economic activity business partnerships, business companies, production cooperatives, unitary enterprises
Business partnerships and companies recognized as commercial organizations with shares (contributions) of founders (participants) authorized (reserve) capital. Individual entrepreneurs and legal entities (commercial enterprises) may be participants in business, partnerships and companies. Depending on the nature of the association and the degree of responsibility of the participants for its obligations, business associations are divided into associations of persons and associations of capital.
Associations of persons are based on the personal participation of their members in the conduct of the affairs of the firm. Members of such an enterprise combine not only monetary and other resources, but also their own activities in the application of these funds. Each participant in such an enterprise has the right to conduct business, representation and management.
Capital pooling involves the addition of only capital, but not the activities of investors: the management and operational management of the enterprise is carried out by specially created bodies. The responsibility for the obligations of capital pooling lies with the enterprise itself, and the participants themselves are thus relieved of the risk arising from economic activity.
Business partnerships are associations of persons, business companies are associations of capital.
General partnership- this is an association of two or more persons for carrying out entrepreneurial activities with the aim of making a profit, the participants of which personally participate in business, and each is fully liable for the obligations of the partnership not only with the invested capital, but also with all his property. Losses and profits of a general partnership are distributed among the participants in proportion to the share of each of them in the common property of the partnership.
· acts on the basis of the memorandum of association, not the charter;
· participants cannot state bodies and bodies of local self-government;
· the retirement of 1 general partner, as a rule, entails the termination of the partnership;
cannot be created by one person and a person can be a participant in only one full partnership;
partnership in faith(limited partnership) is a partnership in which, along with general partners, there are one or more participants-contributors (limited partners) who bear the risk of losses within the limits of the amounts of their contributions and do not take part in the entrepreneurial activities of the partnership.
Limited Liability Company (LLC) established one or by several persons a company, the Criminal Code of which is divided into shares of the sizes determined by the constituent documents; LLC participants are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their contributions.
LLC differs from other enterprises in a number of the following characteristics:
1) According to the composition of participants:
Community members can be citizens and legal entities;
· The company cannot have as its sole participant another economic company consisting of one person;
The number of participants in an LLC should not exceed 50.
2) On the property of the company:
· The authorized capital of the company consists of the nominal value of the shares of its participants (share capital);
· The minimum level of authorized capital for an LLC is established by federal law in the amount of 100 times the amount of the minimum wage (SMIC) as of the date of submission of documents for state registration of an LLC;
· Share certificates, unlike shares, are not securities, and, accordingly, they are not circulated on the market. Usually, share certificates are transferred to other depositors of funds only with the consent of the partners. As a rule, there is no public subscription in an LLC;
· In an LLC, a shareholder may, under certain circumstances, be obliged to contribute additional funds and the authorized capital of the company.
3) Constituent documents of LLC - memorandum of association and charter of the company.
4) Profit intended for distribution among its participants is distributed in proportion to their shares in the LLC, unless the charter establishes a different procedure for distributing profits between participants.
Additional Liability Company (ALC)- in order to satisfy the claims of creditors, ALC participants may be held liable for the debts of the company with their personal property, and in a joint and several manner. The amount of this liability is limited: it concerns only part of the property - the same for all multiples of the amount of contributions made. In case of bankruptcy of one of the participants, its additional liability is proportionally distributed among the participants, as if “growing” to the shares.
Joint Stock Company (JSC) – a commercial organization, the authorized capital of which is formed at the expense of the nominal value of shares acquired by shareholders and certifying the mandatory rights of shareholders.
In the description:
· Commercial organization,
· The authorized capital of the JSC is divided into a certain number of equal shares, each of which corresponds to a share - a security that gives any owner equal rights;
· JSC participants are not liable for its obligations, and the company is not liable for the debts of its participants;
· The trade name of a joint-stock company must contain an indication of the organizational and legal form of the enterprise (JSC), its type (open or closed), as well as the name that individualizes the company.
Joint-stock enterprises have the following advantages:
· Ability to attract additional investments by issuing shares;
Reduction of entrepreneurial risk;
· Reducing the dependence of JSCs on the composition of shareholders;
· Availability of a proven mechanism for JSC activities based on joint-stock legislation.
The only founding document of a JSC is charter. The economic basis of JSC activity is the authorized capital.
Authorized capital of JSC is made up of the nominal value of the shares acquired by the shareholders and determines minimum size property of the company that guarantees the interests of its creditors.
When a company is established, the authorized capital is formed at the expense of funds contributed by the founders as payment for the shares they acquire. However, subsequently the real value of the property (net assets) of the operating company may not coincide with the size of its authorized capital.
The authorized capital of a JSC is formed in two ways:
· Public subscription for shares (JSC);
· Distribution of shares among the founders (CJSC).
· Has the right to conduct an open subscription for the shares issued by him and a free sale;
· Shareholders may alienate their shares without the consent of other shareholders;
· The minimum size of the authorized capital must be at least 1000 times the amount of the minimum wage established by federal law on the date of registration of the company;
· It is obligated to annually publish for general information the annual report, balance sheet, profit and loss account.
· Shares can be distributed only among the founders or other predetermined circle of persons;
· The number of participants is not more than 50;
· Min size of the UK - not less than 100 times the amount of the minimum wage in force on the date of state registration of the company;
· Shareholders of a closed company have a pre-emptive right to acquire shares sold by other shareholders of this company.
JSC of one type can be transformed into a company of another type. But there are a few restrictions. An open society cannot be transformed into a closed one if:
· the founders in accordance with federal laws are the Russian Federation, a constituent entity of the Russian Federation or a municipality;
companies operating in a certain area can only be created in the form of open ones (investment funds);
The open society has more than 50 members.
A closed company cannot be transformed into an open one if the amount of its authorized capital is below the minimum level established for open companies.
Production cooperatives (artels)- associations of citizens on the basis of membership for a joint production or other household. activities based on their personal labor and other participation on the basis of property share contributions. The participation of legal entities is allowed by law and constituent documents. Non-profit organization.
Members of a production cooperative shall bear subsidiary liability for the obligations of the cooperative in the amount and in the manner prescribed by the law on production cooperatives and the charter of the cooperative. The founding document of a production cooperative was its charter. The number of cooperative members must not be less than 5.
The property of the cooperative is divided into shares of its members in accordance with the charter of the enterprise. The cooperative is not entitled to issue shares.
Unitary enterprise (UE) is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. In UE, property is indivisible and cannot be distributed among contributions, including among employees of the enterprise. UEs are created and operate on the basis of the state. or municipal property, in connection with which their founders are the Russian Federation or a municipality. The owner of the property, creating a UE and endowing it with the necessary material resources, does not lose, unlike the founders, the rights to it. The property assigned by the owner to the UE forms its statutory fund, the size of which, sources and procedure for creation are reflected in the constituent document; for UE it is the charter.
in 2009 (as a percentage of the total)
It is obvious that private property occupied the largest share. Thus, the citizens of the country are given the freedom to engage in economic activities, including being an entrepreneur. The state ceased to be a monopolist of the entire national economy.
In our country, the privatization of the housing stock has been carried out on a large scale. The following figures testify to this. In total, since the beginning of such privatization, as of January 1, 2009, the number of privatized residential premises amounted to 26442 thousand, their total area is 1306 million m 2 . The share of privatized residential premises in the total number of residential premises subject to privatization is 70%.
The process of privatization of state and municipal enterprises, land and housing - in accordance with the adopted legislation - continues.
However, not all persons strive to strictly observe the generally accepted rules of conduct for owners. They violate them for selfish interests by committing criminal (criminal) actions. To combat such offenses, the state has approved Criminal Code(a single set of legal norms applied in criminal acts).
Severe penalties are provided for in the Criminal Code under the following articles:
· Article 158. Theft (secret theft of another's property).
· Article 159. Fraud (theft of another's property or acquisition of the right to another's property by deceit or breach of trust).
· Article 160. Assignment or embezzlement (appropriation or embezzlement of someone else's property entrusted to the guilty).
· Article 161. Robbery (open theft of another's property).
· Article 162. Robbery (attack for the purpose of stealing someone else's property, committed with the use of violence or with the threat of violence that is dangerous to life or health).
Article 163
· Article 164. Theft of items of special value.
· Article 165. Application of property damage by deceit or breach of trust.
· Article 166. Unlawful possession of a car or other vehicle without the purpose of theft.
· Article 167. Deliberate destruction or damage to property.
· Article 168. Destruction or damage to property through negligence.
Table 7 shows the large scale of some of these types of crimes.
Table 7
Number of registered crimes (thousand)
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Forms of ownership
1. Form of ownership of the enterprise2. Forms of ownership
3. State form of ownership
4. Private ownership
5. Legal form of ownership
6. Economic forms of ownership
7. Municipal form of ownership
8. Forms of land ownership
Form of ownership of the enterprise
Any business organization involves the choice of organizational and legal forms of ownership of the enterprise. Consider the main types of organizational and legal forms of ownership of entrepreneurial activity. Let's start with one forms of ownership of enterprises entail the creation of a legal entity, others do not.Legal entities can be divided into two groups: commercial and non-commercial organizations. The main goal of a commercial organization is to make a profit and distribute it among the participants of the organization. Non-profit organizations solve any social problems and invest all the profits in the further development of such problems.
Since a small business organization is not focused on creating a large enterprise, we will consider the most common forms of ownership of enterprises for a small business organization.
Individual entrepreneur
If you intend to organize a business without further hiring workers, register as an individual entrepreneur. This form of ownership is the simplest in terms of registration, there is no need for accounting and tax reporting, you will only draw up income declarations of a private person. All items of income and expenses are entirely your responsibility. And yet, if in the future you want to expand your business activities, you will have to go through the full procedure for registering an enterprise.
Individual (family) enterprise
This form of ownership of enterprises is suitable for those who wish to attract employees to their business, and only from members of their family. All responsibility in such an organizational and legal form of ownership lies with the owner of the enterprise. The name of the company must contain the name of the owner and the legal status of the company. Work in an individual enterprise is carried out by its owner and hired employees on the basis of employment contracts. One of the disadvantages of this legal form of ownership is that it is not possible for a non-family member to invest in such an enterprise, however, it is considered acceptable for the owner to hire another person on contractual terms as the director of the enterprise, although the owner of the enterprise bears all legal responsibility.
General partnership
Such an organizational and legal form of ownership is a joint activity of several individuals or legal entities. The founders of such a firm bear unlimited liability for the obligations of their property. A general partnership is not an independent legal entity and can unite several entrepreneurs and structures. The profit of a general partnership is not taxed, since the partners pay it individually in the form of income tax.
Mixed partnership
Such form of ownership of enterprises is an association of several individuals or legal entities and has the status of an independent legal entity. Membership in such an enterprise consists of two categories: full members and contributor members. Full members bear equal responsibility in full for the obligations of the partnership and for the management of the enterprise, while contributor members bear property liability within the limits of their contribution to the capital and are not responsible for the results of the current work of the enterprise. The advantage of this organizational and legal form is that full members not only control the situation in the firm, but can also attract outside investors who share the risk and participate in profits, but do not participate in the management of the current activities of the enterprise.
Limited Liability Partnership (Closed Joint Stock Company)
A closed joint-stock company is created when several individuals or firms combine to organize a business that requires long-term investment. In such an organizational and legal form of ownership, all members of the enterprise make contributions to the statutory fund, such contributions are shares, the amount of which is the limit of the responsibility of each partner. The shares of the shareholders of this enterprise cannot be transferred to other persons without the consent of the other shareholders. The conditions for such a transfer are determined by the founding documents. In a closed joint-stock company, the supreme governing body is the general meeting of shareholders, to which the management is accountable. A closed joint stock company is a legal entity, legal entities-participants retain their independence and rights of a legal entity. A limited liability partnership must keep accounting records and submit reports to the relevant authorities.
Joint-Stock Company open type
This organizational and legal form of ownership of enterprises is similar to the previous one, but here the shares can be sold by public subscription, and any individual or company can purchase them. At the same time, most of the shares may end up in the hands of third-party investors and companies, and not employees of the enterprise. A shareholder of an open type company may freely dispose of its shares, including selling them. Control of a firm can be obtained by simply acquiring a majority of the shares. The organization of a business of this form of ownership can be considered appropriate only for large companies.
LLC (limited liability company)
This is a slightly different form of ownership. For example: the owner of such a business can be either one person or a group of people, as well as other enterprises. These owners are called "founders".
And since several people or firms participate in the organization of an LLC company, then there is another basic concept - "Authorized Capital". For Russian organizations, it is at least 10,000 rubles.
Such people / founding firms, at the time of organizing a business, chip off, each with its own part. This part will be considered a specific share (in %) of the total "authorized capital". As a result of this %-share, such a founder will receive dividends from the positive activities of the company.
And, in the event that the company, with the form of ownership of the LLC, fails to fulfill its obligations, the founders of the company, in the end, lose only their contributions to the “authorized capital”. This is provided that the activity was carried out legally and the company went bankrupt in the competition.
It should also be noted that a business with the form of ownership of an LLC is referred to as a “legal entity”.
For such legal entities, there are more rules and instructions that govern this activity than for individual entrepreneurs.
Other forms of ownership such as LLP, CJSC, OJSC and others - you can find out over time, showing curiosity.
At present, and with our tasks of mastering practical accounting for a novice accountant, this knowledge is still superfluous.
Forms of ownership
Forms of ownership have not only theoretical, but also practical value. Depending on the form and type of the property right belonging to a particular person, the legal regime of the property that constitutes the object of this right, and the range of opportunities available to its owner, are determined.The main forms (types) of property recognized in the Russian Federation are listed in the Constitution of the Russian Federation, clause 2, article 8. According to this article, private, state, municipal and other forms of ownership are now recognized and protected in the Russian Federation in the same way.
A similar provision is enshrined in Article 212 of the Civil Code of the Russian Federation, which, however, is not limited to this, subjecting the named forms of ownership to further division depending on whether the property is owned by citizens and legal entities, the Russian Federation, subjects of the Russian Federation or municipalities.
The list of forms of ownership given both in the Constitution and in the Civil Code of the Russian Federation is not exhaustive, since it is accompanied by a reservation, by virtue of which other forms of ownership are recognized in the Russian Federation.
The Law of the Russian Federation “On the Fundamentals of the Federal Housing Policy” (as amended on January 12, 1996, April 21, 1997, February 10, June 17, July 8, 1999) currently in force in the Russian Federation, subdivides the housing stock into private state, municipal and public, i.e. fund owned by public associations. The allocation of public housing stock, which could be classified as privately owned by legal entities, is explained by the peculiarities of its legal regime. It is in many respects similar to the legal regime of state and municipal funds. On the other hand, it differs significantly from the legal regime of residential buildings owned by other legal entities that are not related to public associations. This Law refused to single out collective property, since collective property was understood to be property belonging not to one subject, but to two or more subjects, that is, property was occupied. At the same time, the Law still refers to the property of a condominium, which is not legally accurate, since the condominium itself is a single complex of real estate. Therefore, it is more correct to talk about the property of a homeowners association or about property in a condominium, but not about the property of a condominium.
So, property in the Russian Federation is divided into private, state and municipal. The rights of all owners are protected equally.
As part of private property, the property of citizens and legal entities is distinguished.
State property includes federal property and the property of subjects of the federation, municipal property includes the property of urban and rural settlements and the property of other municipalities.
Property belonging to state or municipal property, if it is not assigned to state or municipal enterprises and institutions, constitutes the property of the treasury.
Depending on who owns this property, it constitutes the national treasury, the treasury of a subject of the federation, or the municipal treasury.
In an objective sense ownership- a system of legal norms that consolidate and protect relations in society for the appropriation of products of production, as well as means that allow the owner to exercise the rights of possession, use, and disposal of property. In the subjective sense - the specific powers of the owner in relation to the ownership of a particular property and the possibility of behavior in relation to this property.
Forms: private, state and municipal property. Types: general (share and joint) and individual.
The basis of occurrence- legal facts, the presence of which is necessary for the emergence of ownership.
There are primary ways of acquiring ownership and derivative ways of acquiring ownership.
Initial Ways– acquisition of the right of ownership to newly created real estate; ownership of a new movable thing made by a person by processing materials that do not belong to him; conversion to the property of public things (berries, mushrooms, etc.); acquisition of ownership of ownerless property, neglected animals, find; acquisition of ownership of the treasure; acquisitive prescription (for real estate - 15 years, for everything else - 5 years).
Derived methods: nationalization, privatization, acquisition of ownership of the property of a legal entity during its reorganization and liquidation, foreclosure on property for the obligations of the owner of this property, conversion of property into state ownership in the interests of society (requisition) or in the form of a sanction for an offense (confiscation), redemption domestic animals in case of improper treatment, the redemption of mismanaged cultural property, the acquisition of property rights under a contract and in the order of inheritance.
Nationalization- the conversion of the property of citizens and legal entities into the property of the state.
Requisition- carried out in the interests of society by decision of state bodies, the seizure of property from the owner in the manner and on the conditions established by law, with payment to the owner of the value of this property.
Confiscation- gratuitous seizure of property from the owner by a court decision in the form of a sanction for committing a crime or other offense. Seizure of property by levying execution on it for the obligations of the owner is carried out by a court decision.
The right of ownership is terminated from the moment the right of ownership arises from a third party, i.e. upon the occurrence of certain legal facts (alienation or refusal of the owner from the property, its destruction) or against the will of the owner (foreclosure, redemption of property: cultural values, domestic animals).
State form of ownership
State property- this is property owned by the right of ownership of the Russian Federation (federal property), as well as property owned by the right of ownership of the constituent entities of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous regions. Land and other natural resources not owned by citizens, legal entities or municipalities are state property. This definition is given in Art. 214 (clauses 1 and 2) of part 1 of the Civil Code of the Russian Federation. If the funds of the relevant budgets or other state property are not assigned to state enterprises and institutions, then they constitute the state treasury of the Russian Federation or the treasury of the corresponding subject of the Federation. State-owned property is assigned to state enterprises and institutions for possession, use and disposal.On the basis of state-owned property, unitary as well as state-owned enterprises can be formed.
unitary enterprise is an economic commercial organization based on the right of economic management. A unitary enterprise is created by decision of an authorized state or municipal body. Only state or municipal enterprises can be in the form of unitary enterprises. A unitary enterprise based on the right of economic management may create another unitary subsidiary enterprise, approve its charter as a legal entity and transfer part of its property to it. The body - the owner of the property is not responsible for the obligations of unitary enterprises. By decision of the Government, on the basis of federally owned property, a unitary enterprise on the basis of the right of operational management can be created - a federal state-owned enterprise. The Russian Federation bears subsidiary liability for the obligations of a state-owned enterprise.
State property is managed in accordance with the Civil Code and other legislative acts regulating property relations in the Russian Federation. The Russian state in relation to state property as a whole should be treated as an owner-user, i.e. monopoly in all respects. A special role in the management of state property is played by the system of federal executive bodies, including the Government of the Russian Federation, ministries, state committees, agencies, and other special bodies authorized by the government and state representatives in joint-stock companies with state capital, etc.
The government has broad powers in the development and adoption of strategic, fundamental decisions on the transformation of state property, its disposal and use, control over the performance of the functions of all state bodies that manage state property. Taking into account the huge scale of activities in this area and the need for a qualified solution of managerial tasks, the Government transfers part of its powers to manage state property to federal executive authorities. Important functions of state property management are assigned to the Ministry of Property Relations of the Russian Federation.
Within the framework of existing laws and other normative acts, the bodies that manage, dispose and use state property perform very important functions. They manage a package of state shares in accordance with the state dividend policy and the procedure for regulating the market value of shares of state (or with mixed ownership) enterprises, develop and implement a strategy for managing the development of state entrepreneurship, form state targeted programs, plans and government orders.
They create a competitive structure for managing the commercialized sector and public sector facilities adapted to the market, develop a pricing policy for the exchange between state enterprises and market formations. These bodies conduct variant strategic forecasting, programming, are in charge of the long-term development of the state property potential, deal with the strategic and current tasks of resource support for state enterprises (farms). Their task is to develop and implement a strategy for scientific and staffing of management structures and state property, as well as to manage the process of effective interaction between entities sharing state property, etc.
These and other functions of state property management should be clearly distributed among federal, regional and municipal governments on the basis of specific criteria. This takes into account the importance of property objects for Russia as a whole, the constituent entities of the Russian Federation, municipalities, as well as an assessment of the possibilities of their reproduction at each level of government. The most important criterion is the observance of the interests of economic entities, as well as ensuring national economic security.
Management of state property means, first of all, managing the process of its effective use, as well as its reproduction in the required scale and quality.
Much remains to be done to further improve the functioning of joint-stock companies with state capital. This is extremely important, since joint-stock state-owned large corporations largely determine the face of the modern Russian economy.
A promising way to resolve the noted contradiction is the consistent commercialization of joint-stock companies with state capital. One of the important tasks of improving the organization of state property management is the formation of an effective institution of state representatives in joint-stock companies with state capital. There are other directions for improving the management of the reproduction of state property in joint-stock companies with state capital, operating on trust management. For example, the organization of the implementation in the joint-stock company of such management functions as science-based planning and forecasting, coordination, preventive economic control, etc.
In the Constitution of the Russian Federation, issues of ownership are addressed in Articles 8, 34 - 36, 71, 72, 114, 130. This mainly concerns guarantees of the rights of the owner. Articles on the equality of all forms of ownership, on the management of federal property as a subject of the exclusive jurisdiction of the Russian Federation, and the delimitation of state property as a subject of joint jurisdiction of the Russian Federation and subjects of the Russian Federation are devoted directly to state property.
In accordance with Article 214 of the Civil Code of the Russian Federation, state property in Russia is heterogeneous. Two of its levels are distinguished - federal property and state property of the subjects of the Federation. State property can be assigned to state enterprises and institutions for economic management and operational management (Articles 294, 296 of the Civil Code of the Russian Federation), as well as make up the state treasury. According to articles 124, 125 of the Civil Code of the Russian Federation, the Russian Federation and the constituent entities of the Russian Federation, represented by state authorities, act in civil relations on an equal footing with citizens and legal entities. In accordance with Articles 71 - 73 of the Constitution of the Russian Federation, issues of managing federal property are resolved at the federal level, and the management of state property of a constituent entity of the Russian Federation is the subject of the jurisdiction of a constituent entity of the Russian Federation.
Regional legislation contains various approaches to the definition of state property management. Thus, the management of state property refers to the activities of state bodies, the participation of subjects of the Russian Federation in civil law relations, the exercise of the powers of possession, use and disposal in relation to objects of state property.
The legislation of the constituent entities of the Russian Federation determines the range of relations regulated by laws on the management of state property (as a rule, budgetary relations, relations related to the use of historical and cultural monuments, natural resources), and the range of objects of state property, names the state bodies authorized to manage it, describes the forms of property management and the general procedure for maintaining its registers.
State property plays an important role in the functioning of the state, ensuring economic stability and allows it to perform its social functions: - State property creates material prerequisites for ensuring sustainable reproduction of social capital. This becomes possible because the state, as a rule, owns industries and sectors of the economy that are of national importance, key sectors of the production infrastructure. The state is often the owner of the most important natural resources, intellectual and historical and cultural values. It finances fundamental science, the development and implementation of high technologies, it owns a significant part of information products, etc.;
It allows the state to be an independent element in economic legal relations with other subjects of ownership within the country and abroad, is the guarantor of many international and domestic treaties and agreements, interstate pledge law;
State ownership ensures the functioning of capital-intensive industries, industries and sectors of the economy that have a high level of socialization and require such investments that are beyond the power of private capital (space industry, modern information communications, economic security, etc.);
The state creates favorable conditions for the development of private entrepreneurship, taking on a share of the costs in those areas of activity that are not beneficial to the latter.
State property ensures the functioning of the non-profit social sphere and the production of public goods; national security;
It allows you to smooth out the blows of crises by mobilizing resources for the fastest way out of them by reducing taxation and using state reserve funds, carrying out intervention in the purchase of goods, helping to accelerate the development of higher technologies, nationalizing the property of bankrupt enterprises.
Private ownership
Private property- one of the forms of ownership, meaning the absolute, legally protected right of a citizen or legal entity to specific property, including the means of production.As a legal institution developed in Roman law. One of the three main forms of ownership recognized by the legislation of the Russian Federation. So, paragraph 2 of Art. 9 of the Constitution of the Russian Federation states that land and other natural resources may be in private, state, municipal and other forms of ownership. It acts as the property of citizens and legal entities (including public and religious organizations). The institution of private property was restored in domestic legislation (after a long break) in 1990.
Prohibited Ways to Protect Private Property
The tradition of protecting land holdings from illegal encroachments has a long history, but not in Russia. In most countries of the world, there is administrative or even criminal liability for violating the boundaries of private property. But we have inviolable property is only housing.
Only the dwelling is inviolable
With the protection of the home, everything is like in most developed countries of the world. The principle of the inviolability of the home is enshrined in both the Constitution and the Criminal Code. Penetration into someone else's housing is possible only in cases expressly provided for by federal law, or on the basis of a judicial act (court order, ruling, decision, etc.).
Article 139 of the Criminal Code provides for a fine of up to 40 thousand rubles, up to a year of corrective labor or arrest for up to three months for simply entering a dwelling against the will of a person living in it, without the purpose of stealing.
The same act, committed with the use of violence, is punishable by a fine five times as large or by imprisonment for up to two years. If an official position was used for illegal entry, then the fine can be up to 300 thousand rubles, and the term of imprisonment can be up to three years.
What is meant by housing?
According to the same Criminal Code, it can be an individual residential building with residential and non-residential premises included in it, residential premises, regardless of the form of ownership, included in the housing stock and suitable for permanent or temporary residence, as well as other premises or buildings that are not included in housing stock, but intended for temporary residence. In other words, even a tourist tent can be a dwelling.
But non-residential premises and other storage facilities do not have the same inviolability.
Responsibility for penetration into them occurs only in the event of an attempted theft, when from the actions of the offender, it is obvious that the penetration is committed for the purpose of theft. If someone climbed into the farmer's hayloft just to take a nap, there is no criminal offense in this (unless, of course, the non-residential premises do not form a single structure with the residential one).
Approximately the same situation with the land - there is no criminal or administrative responsibility for walking in someone else's garden. Now, if you decide to pick apples there, an administrative fine is due for this as for petty theft.
However, abroad, violation of the boundaries of private property is a serious offense for which criminal or, at least, administrative liability is established. Why is it different in Russia?
Apparently, the whole thing is in the communal traditions of the Russian people, when the land was the property of all the inhabitants of the village, and no one considered the invasion of foreign territory as a serious offense. In Europe, where land relations were much more individualized in the Middle Ages, criminal prosecution for violation of the boundaries of other people's possessions appeared much earlier than the right to inviolability of the home.
How to defend your territory
Of course, the absence of criminal and administrative responsibility does not mean that one's territory cannot be defended. But writing statements to the police about the illegal intrusion is useless. The owner can only exercise self-protection of his rights, for example, by putting up a fence or otherwise marking the boundaries of his territory.
In addition, the owner, in self-defense, may use physical force to expel strangers from his territory. However, it should be borne in mind that actions in self-defense must be proportionate to the nature of the infringement on the rights of the owner.
This principle applies not only to the protection of the boundaries of private property, but also to any other form of self-defense of rights, for example, in self-defense. If it is only a matter of preventing unwanted guests from entering the site, the owner cannot take measures that threaten their life and health.
You can put up a fence, an alarm, but whether it is possible to stretch barbed wire is a moot point. And certainly you can’t set traps for uninvited guests, as the hero of Andrei Mironov did in the movie “Beware of the Car”, when he tried to protect his car from theft.
In itself, the threat of intrusion into a territory that is privately owned is not a basis for the use of special means of self-defense, such as a traumatic pistol or a gas cartridge. The use of special means is permissible only in cases of violence or the threat of violence that accompanies illegal entry. The use of firearms or edged weapons, as well as items that replace them (for example, an ax), is possible only with a direct threat to the life and health of the defender, that is, not as part of the defense of private property, but in self-defense.
professional security
Services for the protection of property, including land plots, other real estate exist in three types: services of a watchman, a private security company (PSC) or employees private security Ministry of Internal Affairs of the Russian Federation.
A simple watchman has no special rights to apply measures to protect private property. In fact, he is the representative of the owner, exercising his powers by virtue of his position. The watchman has the right to prevent unwanted persons from entering the protected area, to protect the property of the owner, as well as his life and health. If the watchman has a license to own a weapon of self-defense, he has the right to take it with him to work, subject to the established storage rules, his rights to use it are the same as other civilians.
According to Article 24 of the Law "On Weapons", citizens of the Russian Federation may use their legally available weapons to protect life, health and property in case of necessary defense or emergency. The use of weapons must be preceded by a clearly expressed warning about this to the person against whom the weapon is used, except in cases where delay in the use of weapons creates an immediate danger to human life or may entail other grave consequences. At the same time, the use of weapons in a state of necessary defense should not cause harm to third parties.
It is prohibited to use firearms against women, persons with obvious signs of disability, minors, when their age is obvious or known, except in cases when these persons commit an armed or group attack. On each case of the use of weapons that caused harm to human health, the owner of the weapon is obliged to immediately, no later than 24 hours, report to the internal affairs body at the place of use of the weapon.
The rights of professional security guards who are employees of a private security company are somewhat wider.
They can use special means (rubber truncheons, handcuffs, etc.) not only in cases of necessary defense or extreme necessity, but also in cases where non-violent methods of preventive action on offenders have been used and have not yielded the desired results:
A) to repel an attack that directly threatens their life and health (baton);
b) to repel an attack while protecting the life and health of protected citizens and to suppress a crime against property protected by them, when the offender offers physical resistance (baton and handcuffs).
The guard has the right to use firearms in the following cases:
To repel an attack when his own life is in immediate danger;
- to repel a group or armed attack on protected property;
- to warn (by shooting in the air) about the intention to use a weapon, as well as to give an alarm or call for help.
However, apart from the right to use special equipment and weapons in certain cases, the security guards of the private security company actually do not have any rights. Although they quite often carry out not only the protection of the object, but also the actual detention of the offender, his personal search and search of things and vehicles with him, from the point of view of the law, such actions are arbitrariness and can entail quite severe sanctions from an unscheduled inspection by the licensing authority to criminal responsibility.
Much more authority for employees of private security. In addition to the right to use special equipment and firearms, subject to the Law "On Police", they have the right to:
Detain persons trying to illegally take out (take out) material values from a protected facility;
- deliver to the office premises of the guard or the police persons suspected of committing offenses related to encroachment on protected property;
- carry out, in accordance with the procedure established by law, on the basis of the terms of contracts, inspection of things, and in exceptional cases - personal inspection at checkpoints, as well as inspection of vehicles and verification of the compliance of transported goods with accompanying documents at the entrance (exit) to the territory of the protected object;
- use to detect and seize illegally exported (carried out) property, as well as to record illegal actions technical means that do not harm the life, health of citizens and the environment.
When the guard is powerless
However, what are the powers of a watchman, security guard, or police officer, if the violation consists only in crossing the boundaries of private property? As mentioned above, such actions do not form a criminal or administrative offense. Therefore, all that a guard can do is to escort the intruder outside the boundaries of the protected area. Attempts to inspect or detain the violator, to seize any items, to use force are an excess of authority.
In addition, the law allows cases of use of someone else's land by persons who are not owners, without the permission of the owner of the land or a person authorized by him. One of such cases is an easement - the right of passage through the owner's site. Such a right can be private - from the owner of a neighboring plot or public - from an unlimited circle of persons.
According to the Land Code, public easements can be established for:
5) water intake and watering place;
6) driving farm animals through the land;
7) haymaking, grazing of farm animals in accordance with the established procedure on land plots within the time period, the duration of which corresponds to local conditions and customs;
8) use of the land plot for the purposes of hunting and fishing;
A public easement is established by a regulatory legal act, for example, of a local self-government entity (rural district, district), and then registered with the territorial bodies of the Federal Registration Service as an encumbrance of a land plot.
At the same time, the Water Code enshrines the right of an unlimited number of persons to free access to public water bodies (owned by the state or municipality) for personal or household needs. Although this right is not fixed as an easement, in fact, this means that if the owner's site borders on a public water body, then he cannot legally prevent the passage of unauthorized persons along the coastal strip.
The guards have no right to prevent photographing or sketching of private objects.
Recall that they have such rights only in the event of an infringement on the rights of the owner, which is prosecuted by criminal law. Meanwhile, criminal liability comes only for illegal, without the consent of the victim, collecting information about the private life of a person that constitutes a personal or family secret, while other forms of collecting information about private life are not prosecuted by criminal law.
Therefore, the intervention of a security guard in the activities of persons who collect information, for example, paparazzi who is filming in public places, is an excess of the authority of the security guard.
Legal form of ownership
Economic relations of appropriation appear in various forms depending on who is their subject: an individual, a group of individuals or a team organized by them, the state or society (people) as a whole. Accordingly, a distinction is usually made between individual, group or collective and public, as well as mixed appropriation. These economic forms of appropriation are commonly called forms of ownership.Consequently, forms of ownership are economic, not legal categories. They cannot be identified with the right of property or its varieties, highlighting or contrasting on this basis, for example, "the right of individual (or "private") property" and "the right of collective property". After all, forms of ownership as economic relations receive various legal forms of expression that are not limited to the right of ownership. In addition, participants in property relations regulated by civil law, including subjects of property rights, may not be all subjects of economic relations of appropriation.
In particular, labor collectives, various communities and similar entities that do not have their own separate property cannot act in this capacity. After all, they do not alienate any property from the property of other persons, primarily from the personal property of their participants (members), and therefore do not become independent participants in property relations (owners). If such separation occurs, then a new independent owner (legal entity, for example, a joint-stock company or public organization) is formed, which becomes an individual, and not a collective entity, because its founders (participants) lose their ownership of the property transferred to it. In the economic sense, the collective can also be considered the subject of appropriation (property) in such a situation, but in the civil law sense, only a legal entity becomes the sole and only owner. Consequently, the subjects of legal relations (property rights) and economic relations (appropriation) do not necessarily coincide.
For the same reason, legal relations of “mixed ownership” cannot develop either, because the corresponding property is not really “mixed”, but is either separated from the new owner (legal entity), or remains owned by the previous owners (on the basis of common ownership). Because of this, for example, a joint-stock company with predominant or even 100% state participation, nevertheless, becomes the owner of its property, which can no longer be considered an object of state ownership (although Russian legislation on privatization excludes economic entities from the list of purchasers of privatized property). companies with more than 25% state participation). In the same way, a joint venture (economic company) with foreign participation, which is a legal entity of Russian (or other national) law, becomes the sole owner of its property.
Property turnover in a market economy requires the fundamental equality of the rights of commodity owners as owners of property. In other words, the possibilities for the alienation and acquisition (appropriation) of things should be the same for all commodity owners. Otherwise, a single, normal turnover will not work. Therefore, the principle of equality of all forms of ownership becomes necessary, which is understood as the equality of opportunities provided to various subjects of appropriation.
However, it should be emphasized that this principle is also of an economic and not a legal nature. It is simply impossible to ensure the equality of all forms of ownership in the legal sense. Thus, any property, including withdrawn from circulation, can be in state ownership; the state can acquire ownership of property in such ways (taxes, fees, duties, requisition, confiscation, nationalization), which citizens and legal entities are deprived of. On the other hand, legal entities and public legal entities are liable for their debts with all their property, and citizens - for exemptions established by law (Appendix 1 to the Code of Civil Procedure). Therefore, part 2 of Art. 8 of the Constitution of the Russian Federation speaks of recognition and equal protection, but not of the equality of various forms of ownership.
Consequently, the existence of different forms of ownership (that is, economic forms of appropriation of material goods) does not at all require the appearance of different property rights mirroring them. With a different approach, these varieties of property rights will inevitably lead to differences in the content of the rights of owners (as happened earlier, when the presence of property in state or other form of socialist property provided its subject with immeasurably greater opportunities than a form of personal property), thereby violating the fundamental principle of equality forms of ownership. Therefore, it should be recognized that legally there is one property right with a single set of powers (i.e. content) that is the same for all owners, which can only have different subjects. Because of this, there is no need to single out varieties of property rights, for example, a separate private property right opposed to the public property right.
Proclamation in Part 2 of Art. 8 of the Constitution of the Russian Federation of private, public (state and municipal) and other forms of ownership has in mind precisely economic, and not legal categories. Wherein private form property (appropriation) and in the constitutional sense is a general, collective concept for the appropriation (property) of any private (non-state, non-public) persons, in this sense opposed to public or public appropriation (state and municipal (public) property).
The understanding of private property as belonging to only one property - to an individual, and, moreover, not any property, but, first of all, the means of production, and even only those that he is not able to use himself without resorting to hiring work force(obviously identified with the exploitation of workers), is based on ideological (political and economic) dogmas and now has neither legal nor practical meaning.
Speaking about the concept of private property, one must also keep in mind that in Russia even the term "property" itself began to be used only in the second half of the 18th century, under Catherine the Great (whereas before that the tsar, who personified the state, could arbitrarily seize any property any of his subjects). "Full property", including the right to freely dispose of one's property and exempted from numerous restrictions "in the public interest", was granted by the well-known Charter of the nobility to the nobility only to the aforementioned class as a special privilege. Only as a result of the reforms of Alexander II, carried out already in the 60s. XIX century, private property, "ceasing to be a privilege, became the general legal norm of the entire population." Under such conditions, legislative recognition and a normal, rather than a political and economic understanding of private property can not only protect the property interests of citizens and legal entities from arbitrary interference by public authorities, but also become a fairly effective means of forming a genuine civil society independent of the state, in which only a normal market economy can exist.
No less obvious now is the fact that no "other forms of ownership" except for private and public, in fact, does not exist. Attempts sometimes encountered on this basis to single out some special forms of collective, communal or mixed property and the corresponding special "property rights" cannot have either legal (civil law) or simply logical meaning, because the subjects of the corresponding property relations in fact there are always either individual citizens or the owner organizations created by them (legal entities), which is quite within the framework of the usual understanding of private property. In this regard, the recognition of the possibility of the emergence of "other forms of property" other than private and public should be considered the result of a misunderstanding based on an ideological, political and economic interpretation of private property.
Economic forms of ownership
The main task of the theory of property rights, as formulated by Western economists themselves, is to analyze the interaction between economic and legal systems.The theory of property rights is based on the following fundamental provisions:
1) property rights determine what costs and rewards agents can expect for their actions;
2) the restructuring of property rights leads to shifts in the system of economic incentives;
3) the reaction to these shifts will be the changed behavior of economic agents.
The theory of property rights proceeds from the basic idea that any act of exchange is essentially an exchange of bundles of rights: when a transaction is made in the market, two bundles of property rights are exchanged. A bundle of rights is usually attached to a particular physical good or service, but it is the value of the rights that determines the value of the goods exchanged.
Property rights are understood as sanctioned behavioral relations between people that arise in connection with the existence of goods and relate to their use. These relationships define the norms of behavior about the benefits that any person must observe in his interactions with other people or bear the costs of not complying with them. The term "good" is used here to refer to anything that brings utility or satisfaction to a person.
According to the economic theory of property rights, not a resource (means of production or labor) is property in itself, but a bundle or share of rights to use a resource.
Two well-known American economists, R. Coase and A. Alchian, stood at the origins of the theory of property rights. I. Bayritsel, G. Becker, D. North, N.S. Cheng, R. Pevsner et al.
The full "bundle of rights" consists of 11 elements:
1) the right to own, i.e. the right of exclusive physical control over goods;
2) the right to use, i.e. the right to use the useful properties of goods for oneself;
3) the right to manage, i.e. the right to decide who and how will ensure the use of benefits;
4) the right to income, i.e. the right to enjoy the results from the use of benefits;
5) the right of the sovereign, i.e. the right to alienate, consume, change or destroy a good;
6) the right to security, i.e. the right to protection from expropriation of goods and from harm from the external environment;
7) the right to transfer benefits as an inheritance;
8) the right to indefinite possession of the good;
9) prohibition to use a method that is harmful to the environment;
10) the right to liability in the form of a penalty, i.e. the possibility of recovering a good in payment of a debt;
11) the right to a residual character, i.e. the right to the existence of procedures and institutions that ensure the restoration of violated powers.
Property rights are understood as socially sanctioned (state laws, traditions, customs, administration orders, etc.) behavioral relations between people that arise in connection with the existence of goods and relate to their use.
Property relations in this theory are derived from the scarcity of resources: without some premise of scarcity, it is meaningless to speak of property. Therefore, property relations are a system of exclusions from access to tangible and intangible resources. If there are no exceptions to access to resources, then they belong to no one, belong to no one, or - which is the same thing - belong to everyone, because there is free access to them. According to this theory, such resources do not constitute an object of ownership.
To exclude others from free access to resources means to specify ownership rights to them. The term "specify" literally means a listing of details to which special attention must be paid. The meaning and purpose of the specification is to create conditions for the acquisition of property rights by those who value them more, who are able to benefit from them more.
Forms of ownership are in constant development. As civilization developed, property relations also changed, taking on a variety of forms. This gives grounds for the assertion that property is a historical category.
Municipal form of ownership
Municipal property, along with state and private, is one of the main forms of ownership. In Russia, such a provision is legally enshrined in the Constitution (clause 2, article 9). According to the Constitution, the subjects of the law of the municipal form of ownership are municipalities. Local self-government bodies exercise on their behalf the rights to use, own and dispose of this property.Municipal property is administered by administrative-territorial formations: cities, districts, towns, etc. The objects of ownership are the property of local governments, housing funds, non-residential premises, local budget funds, extra-budgetary funds, manufacturing enterprises, the service sector, cultural, educational, healthcare institutions, etc.
The property of municipal property is assigned to a large part to municipal enterprises or is transferred to the jurisdiction of municipal institutions. In the event of the transfer of property to the management of the enterprise, they receive the right self-management received property (property right - the right of management). Institutions also receive the right of operational management of the property assigned to their account.
Municipal property from the beginning of its existence is distinguished by the organization closest to the population, since it serves with its means and capabilities to meet the needs and needs of the population.
Historically, municipal property expands its composition and complicates the management structure. Initially, it included only healthcare institutions, education, social security, communications, but with the development of society and technology, water supply, electric and gas supply, sewerage, transport, housing stock and non-residential stock, etc. were added to the listed formations. At the same time, the volume of of this type of property, the structure and managerial staff are being improved (more and more qualified operating specialists are constantly required).
Historically, municipal property arose as an independent type of property, but developed under the pressure of state structures, to a certain extent subordinated to them. However, in recent years, a steady opposite trend has emerged of the gradual release of municipal property from subordination to the state and its transfer to the jurisdiction of local governments.
Municipal ownership differs from the state form of ownership in the following feature: its operation is characterized by the pursuit of rather narrow goals to improve the living conditions of local residents, the improvement of the territories of settlements. State property, on the other hand, strives to meet the needs of all citizens, regardless of their place of residence.
The municipal ownership of a land plot implies the authority to own, dispose and use a land plot that belongs to the municipality. The objects of such right include land plots that were transferred by the Russian Federation or its subjects to municipal ownership or considered as such on the basis of federal laws. Ownership of land must be supported by a certificate of ownership.
Municipal (communal) property does not exist in all countries, but only in those where the appropriate historical prerequisites have developed for its emergence. In Russia, it is considered at the legislative level as an independent form of ownership. It includes the property of cities, rural settlements and municipalities owned by the right of ownership.
Forms of land ownership
Property is a necessary condition for the economic freedom and life of an individual, as well as society and the state as a whole.Ownership of land - regulated by the norms of various branches of law, public relations on the ownership, use and disposal of land.
Forms of landed property directly depend on the needs of the economic development of the productive relations of society and their correspondence to the productive forces, therefore they are constantly undergoing certain changes. According to Art. 9.2 of the Constitution of the Russian Federation, land and other natural resources are in private, state, municipal and other forms of ownership. The Land Code of the Russian Federation, adopted on October 25, 2001, also fixed the plurality of forms of land ownership.
There are the following forms of ownership: state, municipal, private ownership.
State ownership of land
In accordance with the legislation of the Russian Federation (according to paragraph 1 of article 214 of the Civil Code of the Russian Federation), state property is divided into two subspecies:
Property of the Russian Federation (federal property);
- the property of the subjects of the Russian Federation.
In accordance with paragraph "d" Art. 72 of the Constitution of the Russian Federation, the delimitation of state land ownership into federal land ownership and land ownership of the subjects of the Russian Federation belongs to the joint jurisdiction of the Federation and its subjects.
According to paragraph 1 of Art. 16 of the Land Code of the Russian Federation, state property is land that is not owned by citizens and legal entities, as well as owned by municipalities. The delimitation of state ownership of the property of the Russian Federation (federal property), the property of the constituent entities of the Russian Federation and the property of municipalities (municipal property) is carried out in accordance with the Federal Law "On the delimitation of state ownership of land" dated June 17, 2001.
Article 17 of the Land Code of the Russian Federation regulates the legal regime of federally owned lands, these are:
- the property right of the Russian Federation, which arose during the delimitation of state ownership of land;
- acquired by the Russian Federation on the grounds provided for by civil law.
According to paragraph 2 of Art. 17 of the Land Code of the Russian Federation, land plots not granted to private ownership may be in federal ownership on the grounds provided for by the Federal Law “On the delimitation of state ownership of land”.
Article 18 of the Land Code of the Russian Federation establishes that the following land plots are owned by the subjects of the Russian Federation:
recognized as such by federal laws;
- the right of ownership of the subjects of the Russian Federation, for which arose during the delimitation of state ownership of land;
- acquired by the subjects of the Russian Federation on the grounds provided for by civil law.
They may also own the following land plots not provided for private ownership:
Occupied with real estate owned by the subjects of the Russian Federation;
- provided to the state authorities of the constituent entities of the Russian Federation, state unitary enterprises and state institutions created by the state authorities of the constituent entities of the Russian Federation;
- assigned to the lands of specially protected natural territories of regional designation; forest fund lands owned by subjects of the Russian Federation in accordance with federal laws;
- lands of the water fund, occupied water bodies, owned by the subjects of the Russian Federation;
- lands of the land redistribution fund, etc.
The main principles of delimitation of state ownership of land are:
The supremacy of the Constitution of the Russian Federation and federal laws (part 1 of article 1);
- the priority of state authorities of the Russian Federation in the process of delimiting state ownership of land (clause 2, articles 2, 6);
- derivation of the right of ownership to a land plot from the right of ownership of immovable property located on it, within its boundaries or under it (Articles 3-5);
- gratuitousness of acquiring the right of ownership to land plots when delimiting state ownership of land.
State authorities and local self-government bodies are obliged to ensure the management and disposal of land plots owned and (or) administered by them on the principles of efficiency, fairness, publicity, openness and transparency of the procedures for granting such land plots.
Municipal ownership of land
Municipal property - land plots occupied by objects of municipal property, as well as recognized as municipal property during the period of division of land by property levels. Example: hospitals, grandfather. gardens, city hall, agricultural enterprises (SVHZ Progress), as well as public land (streets, roads, squares, parks)
This type of property may include lands occupied by objects of municipal property, as well as lands necessary for the direct implementation of public services for the population located in the corresponding territory of a district, city, etc.
These lands are subject to state registration in the State Register in accordance with Government Decree No. 219 of February 18, 1998.
In accordance with Art. 130 of the Constitution of the Russian Federation, local self-government exercises possession, use and disposal of municipal property, which includes everything that is not federal property of the constituent entities of the Russian Federation and private property.
By orders of the Government of the Russian Federation, objects of social, cultural and communal purposes are transferred from federal property to municipal property of a number of constituent entities of the Russian Federation.
Municipal property includes land within the boundaries of cities, towns and rural settlements, as well as land plots beyond their boundaries, transferred to the jurisdiction of local governments. In order to ensure their development, state-owned lands may be additionally transferred to the municipal ownership of cities and other settlements, as well as districts (except for districts in cities). Land may be acquired into municipal ownership by local self-government bodies from the owners of land plots by way of their redemption or on the basis of donations, refusals of land plots and on other legal grounds.
The main purpose of municipally owned lands is to serve the communal needs of the local population (servicing the needs of the housing stock and public utilities, engineering infrastructure facilities, external improvement, etc.). Because of this, municipal land property has a narrower purpose than state property.
The management and disposal of municipal lands is carried out by local governments on the basis of local charters, territorial planning and zoning of lands in accordance with the legislation of the Russian Federation and the constituent entities of the Russian Federation.
Municipally owned lands may be transferred to citizens and legal entities on the basis of decisions of local self-government bodies in accordance with their charters.
Before the adoption of a special federal law, the turnover of land plots in large cities is organized on the basis of lease, the sale of the right to lease. In small towns, land plots can be transferred into ownership for individual residential and garage construction, collective gardening. The transfer of built-up land plots into ownership is carried out taking into account the planned intended purpose of the plots in accordance with urban planning documentation.
The right of private ownership of land by citizens and legal entities The right of private land ownership (PSZ) of citizens and their associations is directly enshrined in the Constitution of the Russian Federation, in Art. 36 of which it is established that citizens and their associations have the right to own land in private ownership. Possession, use and disposal of land and other natural resources, as stated in part 2 of this article, is carried out by their owners freely, if this does not damage the environment and does not violate the rights and legitimate interests of other persons. Land plots provided to citizens under the right of private ownership may be held by them under the right of both individual and common ownership.
Common property means that property is owned by two or more persons. Common property under the current legislation can be either shared, when the property in common ownership is divided into certain shares belonging to each of the owners, and joint - without determining such shares. As a general rule, joint ownership of property is shared, unless the law provides for the formation of joint ownership of it. In addition, the Civil Code of the Russian Federation (Article 244) establishes that common property arises when so-called indivisible things become the property of two or more persons, i.e. things, the division of which in kind is impossible without changing their purpose or is not subject to division by virtue of the law. In the sphere of land relations, only the second criterion is applied, since land as an object of ownership refers to divisible things. So, by virtue of Art. 257 of the Civil Code of the Russian Federation, the property of a peasant (farm) economy, including a land plot, belongs to its members on the basis of joint ownership, unless otherwise provided by law or an agreement between them. This Art. is dispositive in nature, and it is not excluded that the property of a peasant economy, including a land plot, may be in the shared ownership of its members in cases provided for by law or an agreement between them. The law “On Peasant (Farm) Farming” (Article 15) established the opposite rule: the property of a peasant farm belongs to its members on the basis of common shared ownership, and only with the unanimous decision of its members can it be in common joint ownership. It is quite clear that the provision established by the new Civil Code of the Russian Federation is currently in force. It should also be borne in mind that, according to the current legislation, property, including land plots, can be privately owned by both citizens - individuals and legal entities (with the exception of state and municipal ones). Consequently, the property right of agricultural partnerships, societies, cooperatives is also private property with all the ensuing consequences. It is no accident, therefore, that in the draft of the new Land Code of the Russian Federation, the rights of citizens and legal entities to land plots are considered in one chapter (Chapter XI). This does not mean that the rights of citizens and legal entities to land plots are identical. Thus, legal entities cannot own a land plot on the basis of the right of lifetime inheritable possession. But, the property rights of citizens and legal entities, with the exception of state and municipal ones, are of the same type: in both cases 1 and 2, this is the right of private property, which has found appropriate consolidation in the Constitution, the Civil Code and the Land Code.
Land users - persons owning and using land plots on the right of permanent (perpetual) use or on the right of gratuitous fixed-term use;
Landowners - persons owning and using land plots on the basis of the right of lifetime inheritable possession;
In accordance with the land legislation of the Russian Federation, state-owned land plots can be transferred to legal entities and individuals on the right to use. The right to use land is subdivided into permanent (perpetual) use, life-long inheritable possession of land, limited use of other people's land (servitude), lease of land, gratuitous fixed-term use of land.
Permanent (unlimited) use of land plots
Land plots are provided for permanent (perpetual) use to state and municipal institutions, federal state-owned enterprises, as well as state authorities and local governments.
Land plots are not provided to citizens for permanent (perpetual) use.
Citizens who own land plots on the basis of the right of permanent (unlimited) use have the right to acquire them in their ownership. Every citizen has the right to acquire the land plot in his permanent (perpetual) use free of charge once, free of charge, and the collection of additional amounts of money in addition to the fees established by federal laws is not allowed.
Lifetime inheritable land ownership
The right of lifetime inheritable possession of a land plot in state or municipal ownership, acquired by a citizen prior to the entry into force of this Code, shall be retained. The provision of land plots to citizens on the basis of the right of lifetime inheritable possession after the entry into force of this Code is not allowed.
The disposal of a land plot that is on the right of lifelong inheritable possession is not allowed, except for the transfer of rights to a land plot by inheritance. State registration of the transfer of the right to lifelong inheritable possession of a land plot by inheritance is carried out on the basis of a certificate of the right to inheritance.
Citizens who have land plots in inheritable possession for life have the right to acquire them in their ownership. Every citizen has the right to acquire a land plot in his lifetime inheritable possession free of charge once, free of charge, and the collection of additional sums of money in addition to the fees established by federal laws is not allowed.
The right to limited use of someone else's land (servitude) Private servitude is established in accordance with civil law. A public easement is established by a law or other regulatory legal act of the Russian Federation, a regulatory legal act of a constituent entity of the Russian Federation, a regulatory legal act of a local self-government body in cases where this is necessary to ensure the interests of the state, local self-government or local population, without seizure of land plots. The establishment of a public easement is carried out taking into account the results of public hearings.
Public easements may be established for:
1) passage or passage through the land;
2) use of a land plot for the purpose of repairing utility, engineering, electrical and other lines and networks, as well as transport infrastructure facilities;
3) placing boundary and geodetic signs and entrances to them on the land plot;
4) holding drainage works on the land;
5) water intake and watering place;
6) driving livestock through the land;
7) haymaking or grazing of livestock on land plots within the time period, the duration of which corresponds to local conditions, customs, with the exception of such land plots within the forest fund lands;
8) use of a land plot for the purpose of hunting, fishing in a closed reservoir located on the land plot, collection of wild plants within the established time limits and in accordance with the established procedure;
9) temporary use of a land plot for the purpose of conducting exploration, research and other work;
10) free access to the coastal strip.
An easement may be temporary or permanent. The implementation of the easement should be the least burdensome for the land in respect of which it is established.
The owner of a land plot burdened with a private servitude has the right to demand a commensurate payment from the persons in whose interests the servitude is established, unless otherwise provided by federal laws.
Land lease
Land plots are leased to citizens of the Russian Federation, foreign citizens and stateless persons.
Lease - a certain type of fixed-term use of land, for agricultural land the maximum lease term is 49 years, for other categories the term is not limited. A local authority, legal entities (collective farms, joint-stock companies, etc.) as well as citizens - owners of land plots can act as a lessor. Any legal entities can act as tenants. persons or citizens. The document certifying the right to lease land is a lease agreement concluded between the tenant and the landlord and registered with the state registration service.
Sublease - the right to lease a land plot by a tenant to a third party. A sublease agreement may be concluded for a period not exceeding the term of the lease agreement. Under a sublease agreement, the tenant cannot transfer to the subtenant more rights to own and use the property than he himself has in accordance with the terms of the lease agreement.
Free fixed-term use of land plots
Lands that are in state or municipal ownership may be granted for gratuitous fixed-term use only to state and municipal institutions, federal state-owned enterprises, as well as state authorities and local self-government bodies.
A land plot may be provided for gratuitous fixed-term use on the basis of an administrative legal act or an agreement. The right of gratuitous fixed-term use of a land plot arises on the basis of a gratuitous use agreement.
Ministry of Education of the Russian Federation
NOVOSIBIRSK HUMANITARIAN INSTITUTE
Fraternal branch
Faculty of Economics
Macroeconomics
Topic: Forms of ownership and types of enterprises in the Russian Federation.
Coursework of a student of the 2nd year of distance learning
Volkova Lyubov Anatolyevna
Scientific adviser Murashova L. N.
Date of submission of coursework _____________
Grade_____________
Introduction
1.1. The concept of property, its economic content
2. Forms of ownership
2.1 Historical forms of ownership
2.2. Signs of the classification of forms of ownership
2.3. Forms of ownership
3. Ownership in Russia
3.2. Criteria for the effectiveness of property transformations
3.3. Features of property transformation in Russia
4.1. The enterprise, its tasks and functions
5. Types of enterprises
5.2. Self employed
5.3. Partnership (partnership)
5.4. Corporation (limited companies)
5.4.1. Small business.
5.4.2. Joint stock company (closed and open).
5.4.3. Joint venture.
5.5. Cooperatives
6. Enterprises and entrepreneurship in the Russian Federation
Conclusion
Bibliography
Introduction
To understand the laws of the functioning of the economic mechanism, as well as the entire economic system as a whole, property relations are of fundamental importance.
For a long time, economic thought was dominated by the idea that property is the relationship of a person to a thing, the power of a person over a thing, his ability to own, dispose of, use the material conditions of his existence. At the same time, the desire of a person to possess things acted as a natural, inalienable instinct.
However, with the accumulation and deepening of knowledge about the laws of development of society, ideas about property began to change towards an increasing recognition of its social, rather than natural, basis.
The most important step in the study of property was made by the economic thought of the last century. The ideologist of petty-bourgeois socialism P.-J. Proudhon (1809-1865) famously said: "Property is theft." This definition did not receive universal recognition and was subjected to justified criticism, but there was a very valuable detail in Proudhon's position. If one person owns a thing, then another person is deprived of the opportunity to own it. This means that not nature, but social relations underlie property.
The Napoleonic Code stated that "property is the right to use and dispose of things in the most absolute way." Here, property relations are presented in the form of legal relations, where subjects are endowed with the right to use material values.
A person lives, produces and uses the results of labor in close interaction with other people. Because of this, it can be argued that property is a relationship between people that expresses a certain form of appropriation of goods, c. features form of appropriation of the means of production.
For a correct and more complete idea of property, in my work I will determine the place that belongs to it in the system of social relations.
An enterprise (firm) is an organization that conducts business under a specific name. The firm controls the use of land, labor and capital. She herself decides on the design, method of production and sale of products. A firm should be distinguished from a production unit such as a factory, farm or mine, as it is a management unit. One firm may own or control several production units.
Firms come in different sizes - one private entrepreneur or a corporation with thousands of employees.
Creation of values is the fundamental function of the enterprise. The process of creating value is the satisfaction of group or individual needs, as a result of which the enterprise seeks public recognition of its activities. A prosperous enterprise is an enterprise that receives a steady profit from its activities. The owners (or shareholders) of the enterprise are interested in a constant and ever-increasing flow of income and in such a use of their own and borrowed funds that increases the value of their property (dividends, shares). Personnel and suppliers are interested in the stability of the enterprise, long-term relationships with it, as well as in a favorable working atmosphere. For consumers, goods and services that satisfy them in terms of quality and price are of the highest value.
Public recognition, in turn, gives the company the opportunity to expand production, increase sales and services, and ultimately increase its profits.
The main working tool in the implementation of the target functions of the enterprise is a market strategy, within which the competitive advantages of the enterprise are realized. In international theory and practice of business, there are three main types of market strategy of an enterprise.
The management of the enterprise should seriously analyze the existing competitive advantages and choose one of the strategies of behavior in the market.
After the market strategy has been carried out, the next tool for implementing the target function of the enterprise, which ensures sustainable profit, is planning aimed at achieving the goals of the enterprise.
In his term paper I will describe how enterprises are classified, what types of enterprises exist.
1.1. The concept of property, its economic content.
Property is one of the most important and complex problems of economics and economic theory. The history of the economic life of society during periods of increased social activity leads, as a rule, to a redistribution of objects and property rights. Russia's transitional economy serves as confirmation of this historical tradition.
Public thought has always paid more attention to the problem of property. Special appeals to it are contained in historical, philosophical and fiction. A rich tradition and material have been accumulated in the legal literature, within which a number of directions have developed in the study of property rights. Economic science has also always paid special attention to this problem. However, this problem remains underdeveloped. activities and their results.
Own- 1) a system of objective relations between people regarding the appropriation of means and results of production; 2) the totality of the rights of the subject to manage the conditions of the economic concept of ownership has been formed in science and in life for many hundreds, even thousands of years, but is still the object of analysis, research, and discussion.
The category "property" historically entered into scientific circulation long before the emergence of economics, economic theory as a special branch of science. First of all, property has become an official object of legal, legal nature and philosophy. The formation of property took place in primitive society. Roman law already defined the concept of property and the basic relations associated with it, such as: possession, use, disposal.
The emergence of property relations at the forefront of scientific and social thought is not accidental. Transformations in property relations directly leave an imprint on the life and well-being of people, affect their vital interests, and are visible on the surface of vital, social phenomena.
For a long time property as a special social relation was the direct subject of jurisprudence, primarily civil law. However, with the further development of social production and the emergence of new forms of entrepreneurial activity, property acquires great importance in its economic aspect, becoming, along with legal, also a defining economic category.
Let's turn to original concepts and definitions.
Property - the relationship between a person, group or community of people (subject), on the one hand, and any substance of the material world (object), on the other hand, consisting in permanent or temporary, partial or complete alienation, detachment, appropriation of the object by the subject. So property characterizes the belonging of an object to a certain subject.
Subject of ownership(owner) - the active party of property relations, having the opportunity and the right to possess the object of property. The subjects of property are, in the final analysis, deliberately animate persons. Attempts to replace them with certain categories of the “state” type without indicating which bodies and persons represent the “state” lead, in fact, to “subjectless” property, which is an abstraction. Only people can personify, realize practically the right of ownership.
Property object – the passive side of property relations in the form of objects of nature, matter, energy, information, property, spiritual, intellectual values, wholly or to some extent belonging to the subject. Objects of property are often called simply property, investing in this concept both the object itself and the relations connected with it regarding ownership.
In the concept " property relations” includes, on the one hand, the relationship of the owner “to his thing”, that is, property, subject-object relations between the subject and the object. These primary relations serve as a material prerequisite for the relationship between the subjects of ownership, that is, subjective-object relations. The latter represent economic relations that arise in connection with property, reflect the property relationship of the subject with other subjects. This group of relations is of a socio-economic nature and determines, first of all, the forms of distribution of property, products, goods, income, and other values between owners.
The specificity of the economic content of property consists in the following main characteristics.
1. Property is not a thing and not just the relationship of people to things, but the relationship between people who can be associated with things (means and results of production). But these relations have not a material, but a socio-economic content and forms (the connection of workers with the conditions of production, forms of income, etc.).
2. The monopolization of the conditions of production by some subjects and their alienation from others or the equal rights of access of workers to the conditions of production characterize the socio-economic content of property relations and determine the nature of the combination of the main factors of production of workers and productive resources, and the assignment of the result.
3. Forms of income form the economic realization of property and are determined by the position of subjects in property relations.
When determining the place of the category of property in the system of social relations:
· First, the economic content of the category of property depends on the nature of the established forms of property, which include the relations of production, distribution, exchange, consumption. For example, a market economy is characterized by the predominance of private property;
second, the position of certain groups, classes in society, their ability to use all factors of production depends on property;
· third, the forms of ownership change in accordance with the change in the modes of production due to the development of the productive forces;
Fourth, although within each economic system there is some basic form of ownership specific to it, this does not exclude the existence of its other forms, both old ones that have passed from the previous economic system, and new, peculiar germs of the transition to new system. The interweaving and interaction of all forms of ownership has a positive impact on the entire course of the development of society.
Fifth, the transition itself from one form of ownership to another can go in two ways: evolutionary - on the basis of a competitive struggle for survival, the gradual displacement of everything that is dying out and the strengthening of the dominance of viable elements under appropriate conditions, as well as revolutionary - the forcible assertion of the dominance of new forms of ownership (in theory of Marxism: the main essence of the socialist revolution is the elimination of private property).
2. Forms of ownership.
2.1. Historical forms of ownership.
Forms of ownership can be considered in the vertical-historical and horizontal-structural sections.
In the vertical historical classification, the forms of ownership form the key points for the redistribution and concentration of property rights. such a classification is close to the traditional formational classification, although it does not completely coincide with it.
For primitive forms of ownership is characterized by the fact that property rights have not yet been formed and, accordingly, there were no institutions and mechanisms for their distribution and redistribution. Consequently, there were no conditions for the formation of economic power and economic dependence. Equal rights to living conditions, work and results were a distinctive feature of primitive appropriation.
antique the form of ownership is characterized by an extremely high concentration of property rights among individuals, when the right of full ownership extended to people. The absolute concentration of property rights in some individuals corresponded to an equally absolute lack of rights in others, who were deprived of personality traits.
The subsequent development of human society was accompanied by a consistent movement towards equality of personal rights and freedom. In this historical movement, after the ancient feudal own. It was characterized by absolute ownership of the conditions of production and limited ownership of people.
Ancient and feudal property have in common that economic power was supplemented by power over the personality of people.
Liberation from personal dependence led, on the one hand, to the legal equality of all citizens, and on the other hand, to a new type of relationship: the economic power of some and the economic dependence of others. If we proceed from the accepted classification according to the formation criterion, then these properties are possessed by capitalist system. With an equal distribution of civil rights, there is an unequal distribution and concentration of property rights.
Construction experience socialism was an attempt to equalize people not only in rights and freedoms, but also in ownership of the conditions and results of production.
There are intermediate forms of ownership, which involve the redistribution of property rights in order to limit the economic power of some and free others from the economic dependence. An example is the participation of employees in management, distribution of income, control, etc.
Modern trends in the world economy indicate that the post-industrial development of society will be accompanied by an increasing distribution of absolute private property rights and an increasing variety of combinations of rights between economic agents.
2.2. Signs of classification of forms of ownership.
The question of forms of ownership is one of the most complex in economic theory. As noted, the classification of forms of ownership can be carried out in historical plan by describing successive forms of ownership. Each of the historical forms, in turn, is specified by objects and subjects of ownership, by the nature of the appropriation of the results of production, and other features.
Functional, a horizontal approach to describing the structure of modern forms of ownership requires supplementing the historical approach with special characteristics, based on the above content of ownership as a combination of economic powers that determine the position and socio-economic status of the subjects of the economic process.
The theoretical basis for the functional definition of forms of ownership and their structure are economic powers. The modern theory of property rights has from a dozen (in an enlarged classification) to one and a half thousand (in a fractional classification) powers. But far from all powers can be considered essential, determining the socio-economic status of the subjects of the economic process. Which ones can be considered as such? This is first of all work. This is the main factor in all economic processes, including the process of appropriation, since it is in the process of labor that objects of property and all social wealth are created. At the heart of the pyramid of property relations and forms of ownership is the subject of labor (worker, peasant, engineer, programmer, etc.). But the workers and creators of objects of property can become the subject of the formation of a form of ownership only when their creative right added other essential property rights: to resources, to the production process and its result, to income. it is essential to note: whoever owns monopoly resources or has an absolute ownership right to them, he has a priority right to the process and result of production, to income and management. At the top of the appropriation pyramid are income. They are the initial motive and the end result of the economic functioning of property. The owner can cede the management function by hiring managers; he can cede the right to use the conditions of production by leasing them. But he will not cede to anyone the right to appropriate income and dispose of it. From the point of view of the economic powers of property, the position of workers who create goods depends on the state of other powers. Workers certainly act as the creators of objects or the material basis of property. But this does not mean at all that the basic property rights belong to those who stand at the origins of real creative appropriation. history and modernity testify to the fact that the final appropriation is torn off from its origins. Several options are possible here: 1) the supreme property rights are given to those who create objects of property and real social wealth; 2) one person works, and other subjects and institutions become the owners of what has been created; 3) various combinations between these two polar situations are possible.
The second essential sign of the allocation of forms of ownership is the authority to dispose of the created objects of ownership. Their special value form is income. This level of authority implies economic power. In the practical implementation of these powers, options are also possible: 1) the income is appropriated by the one who creates it; 2) creates one and assigns the other. Intermediate options are also possible. Closer to the second entitlement is disposal of property. In fact, property in value form is the accumulated (capitalized) income.
And finally control. In singling out this right, two circumstances are kept in mind. The process of creating objects of property on any large scale needs to be agreed and coordinated by all participants. But there is also a more essential aspect of the named right in connection with property. With the formation of joint-stock companies, the functions and subjects of ownership are separated from the functions and subjects of disposal. subjects of management (managers), controlling the movement, economic turnover of property and assets, become the real owners of certain powers to dispose of the means and results of production. In economic theory, this process has been called the "revolution of managers." The reality of Russia's transitional economy is full of examples of contradictions and conflicts between outside investors and managers. This contradiction is an insurmountable reality even in countries with already established and developed market economies.
2.3. Forms of ownership.
When studying forms of ownership, one has to face the lack of a unified terminological base due to confusion in basic concepts. Such forms of property as nationwide, state, public, collective are perceived by some authors as synonyms, by others as different concepts. The same applies to the concepts of individual, private, personal property. In order to achieve an understanding in what follows, let us first try to determine what the form of ownership is, by what criterion it is determined, and what forms of ownership must be distinguished from each other.
Form of ownership we will call its type, characterized on the basis of the subject of ownership. In other words, the forms of ownership determines the belonging of various objects of ownership to the subject of a single nature. Based on this definition, we distinguish the following forms of ownership.
Individual (individualized) property, within which the subject of ownership is personified as an individual, an individual who has the full right (within the framework of legality) to dispose of the object of property belonging to him or part, share of the object. With this form of ownership, the owner knows what belongs to him.
Within the limits of individual property, depending on the nature of the object of property and the nature of its use by the owner, one can distinguish personal And private own. Personal property is distinguished from private property in two ways.
First, assuming that personal property covers objects of individual property used, consumed only by the owner himself or provided by him to other persons for free use. Accordingly, private property is objects of individual property provided for use and consumption for a certain fee to other persons. This definition is applicable to objects in the form of property and commodities. On the other hand, one can generally consider that personal property is the property of household items, personal property, consumer goods.
Another approach to private property is that these are objects of individual property used with the use of someone else's, wage labor, while personal property covers only objects used with the use of the owner's personal labor. This definition applies, of course, mainly to the means of production.
Note that according to both the first and second definitions, and both taken together, knowledge of the subject and object of property does not in itself make it possible to distinguish personal property from private. One and the same object can be both personal and private property, depending on the nature of its use, application, consumption. At the same time, using one of the definitions or both together, it is impossible to clearly define the line separating personal property from private, and to establish the very fact of using personal property as private, if it is worth doing at all.
In this light, it is difficult to accept the flood of fears and even hostility towards private property that many Russians inherited from the Soviet era and intensified in connection with the transition to a market economy. Most often, the rejection of private property is not due to a deep understanding of its nature and the need or inadmissibility, but ideological background, psychological attitude. Indeed, for many years the word “private trader” was interpreted and perceived as reprehensible, antisocial. The main objection against private property is that with private ownership of the means of production, as stated in the works of K. Marx and V. Lenin, there is exploitation, appropriation of the results of someone else's labor. On this basis, a conclusion was drawn about the inadmissibility of private ownership of the means of production in the conditions of the economic system, which was called socialism in the Soviet Union.
However, it is the category of private property that is really economic, since its use and functioning in entrepreneurial activity has an effective impact on the efficiency of the economy as a whole, while personal property is a characteristic of a person’s personal consumption and is rather an object of sociological research and social planning.
As for the allocation of personal ownership of the means of production, based on the use of the labor of the owner himself, as the most “decent”, then, having legal rights to exist in a market economy, it is the most primitive form. Marx himself argued that such forms of initial unity between the worker and the conditions of his labor are childish forms, equally unsuitable for developing labor as social labor and increasing the productive power of social labor.
Regarding the exploitation of other people's labor, understood as the exclusion from the worker of a part of the surplus product (profit) created by his labor, we note that such a withdrawal exists with any form of ownership. At the same time, the share of surplus value withdrawn by the real owner of the means of production, under conditions of public ownership of the means of production, can be no less than under conditions of private ownership. Where these funds are directed, again, is little determined by the dominant form of ownership, but rather depends on the regulatory function of the state and the objective needs of production and society, individual social groups.
I would also like to note the fallacy of popular ideas that private individual property occupies a leading place in the economy, if it was then a very long time ago. The current market economy is characterized mainly by collective, corporate, mixed forms of ownership. In a fairly typical market-type capitalist economy, 10-15% of the means of production are in individual private ownership, 60-70% - in a collective corporate, joint-stock, 15-25% - in the state. Another thing is that corporate, joint-stock property is also classified as private, for which there are certain grounds.
The second form of ownership is collective property in the broadest sense of the word or multipersonal property. Within the multipersonal form, the subject of ownership is not personified as an individual, but is a collection, a community, a collective of owners. The subject of ownership can act as an authorized person or group of persons expressing the proprietary interests of the entire partnership, but much more often acts and is formalized legally as a single legal entity (economic company, enterprises, company) or a state body, public organization. It would be more convenient to call multipersonal property simply common, but the term “common property” is interpreted in the Civil Code of the Russian Federation as property owned by two or more persons, that is, as group property.
Speaking of multipersonal property, we proceed from the broadest understanding of it as a variety of forms of property that are social in nature, covering the range from family to national. This is any integrative, in a certain sense, social form.
Originating in narrowly collective, group ownership, within which there is direct direct participation and control by the owner over the use of the property object, multipersonal property will be erased to the state, nationwide, where the impact on the direction of using the property object on the part of the owner (people) is significantly indirect .
The division of forms of ownership into individual and multipersonal reflects a very enlarged structuring of various forms, covering in all their diversity a significant set of them. It should be noted that such a division of property into two forms: individual and multipersonal - is not generally accepted either in economic science or in practice. Thus, the Civil Code of the Russian Federation distinguishes between private, state and municipal forms of ownership, while recognizing the possibility of the existence of other forms. At the same time, the division of property into the property of legal entities and individuals is widely known. The latter form is clearly associated with individual property.
Let's try to concretize the forms of ownership more clearly and in detail by highlighting the most characteristic forms (classes, types), based on the desire to reflect the real emerging forms and designate conditional ones, the name of which does not correspond to their true content.
It is quite clear that the notions of “state” property used in the Soviet era of Russian history, behind which stood the property of state bodies, “cooperative-collective farm”, which was hardly distinguishable from state and personal ownership only of consumer goods, were dogmatic and conditional.
It is necessary to clarify the category of “public property”, to separate it from the category of “state property”, because the confusion of these concepts creates confusion and the possibility of manipulating the forms and relations of property, and as a result, real objects of property.
The global concept of public property, which covers everything that is above called joint property, is very abstract in the sense that it is difficult to concretize the owner. It is quite clear how the people as a whole are able to realize the functions and rights of the subject of property in relation to these types of joint property, how the mechanism of responsibility for the so-called public property is generated.
It seems that it is necessary to single out such a form as public (public) ownership of natural resources that is not involved in social production and has universal accessibility, including land, water, airspace, flora, and fauna. These riches should be called public property. They are the exclusive property of the whole people. In relation to this object of ownership, the formula should be applied: “this is what belongs to everyone together and to each individually on the basis of equal accessibility”. The janitor has equal rights to the use of such property with the president, everyone becomes in a general turn the disposal of public property on behalf of its owner - the people, the population can only be exercised by the organs of democracy.
As for state property, it is involved in social production and therefore cannot belong to everyone on an equal footing.
As a result, in an enlarged representation, the set of forms of ownership covers:
· nationwide - in the form of natural resources for public use, which has a common and equal accessibility for all members of society (unfortunately, this form of ownership is not singled out in the adopted Russian legislative acts on property);
· state - natural resources, basic production assets, working capital, information representing part of the public property - transferred by the will of the people and the decision of the organs of democracy to the jurisdiction and disposal of state bodies under certain conditions of use with simultaneous delegation of responsibility;
· regional government, given to the jurisdiction and disposal of regional state bodies (the property of the subjects of the federation);
· communal, municipal, placed at the disposal of local authorities;
· collective, representing an indivisible part of public, state, regional property, given to a group of persons for a fixed or unlimited period, as well as leased and used in accordance with the system of rules and norms established by law, contract, charter. It is essentially a derivative form of ownership resulting from the transfer of ownership;
· general - in the form of property, valuables, money, valuable papers, created, acquired, originally owned by two or more persons, members of an associated group, used by them at their own discretion, subject to the general rules and restrictions established by law (such forms, to a certain extent, include joint-stock, collective-share, cooperative property). The common property is divided into joint, within which the object of ownership belongs to all participants, persons on an equal footing, without allocation of shares, and shared ownership, in which the share of each of the individual owners, participants, persons in the common ownership right is determined;
· individual, representing property, objects, information belonging personally to an individual and used by him at his own discretion, subject to the legal norms that apply to citizen-owners.
It is also useful to single out property of public organizations and group, family property.
In the structure of forms and relations of ownership, one should distinguish between natural-real And cost Aspects. If the natural-material composition of the object of ownership is indivisible, only the monetary value may be subject to division. Therefore, situations are quite possible and often observed when the owner has the right to claim the monetary value of the object, but not the object itself.
We emphasize that there is not and cannot be an absolute separation of forms of ownership, inevitable mixed forms of ownership, including transitions from one form to another. For example, if ownership of labor power is individual, ownership of the means of production is common, and ownership of land is state-owned, and all these factors of production are combined in one enterprise, then the ownership of the enterprise will certainly become mixed. It follows that we are forced to admit interpenetration and common existence of different forms of ownership within one object. The same means of production can be simultaneously, in a certain perspective, objects of different forms of ownership. And certainly the owner, the manager, the user of object can differ. However, this circumstance should not serve as a reason for the unlegalized and unauthorized use of property objects by subjects who have no reason to do so.
Until now, we have been talking about the subjects of property in the person of citizens, collectives, organizations, people of the country that owns this property. But on the territory of the country, as part of its national wealth, there may be property of foreign citizens, organizations, states in the form of objects wholly or partly owned by foreign entities. Such proprietary penetration, which in our country is extremely wary of both individual groups of the population and government circles, is an inevitable consequence of the development of foreign economic relations and the inclusion of the country in the world economic system. So it is legitimate to include in the number of forms of ownership foreign property in an isolated form or as part of mixed ownership (joint ventures). The object of such property may primarily be the means of production, buildings, property, investment capital, loans, collateral.
Concluding the description of the structure of the forms and relations of property, let us point out the obvious desire that has manifested itself in recent years to bring under its legal basis. Legislative acts on lease and lease relations, on property, on land and land use, and on foreign investment are adopted at the federal and republican levels. The Civil Code of the Russian Federation has already been included in the number of such acts, and the law on intellectual property will eventually be included. Although the adopted Russian laws are in many respects imperfect, they undoubtedly form the primary legal foundation of property structures and relations. The mentioned package of laws is closely related to legislative acts on the denationalization and privatization of property, which are designed to direct the processes of changing the existing forms and relations of property in the right direction.
3. Ownership in Russia
3.1. Formation of property in Russia
During the revolutionary transformations in Russia, which began in October 1917, private property was abolished in industry, transport, construction, and trade. Collectivization in the countryside replaced the individual property of the peasants with a cooperative-collective farm (actually semi-state). As a result, the complete dominance of socialist, or public (that is, state and semi-state) property was established.
Later in the USSR, the process of building up social means of production at the expense of accumulations continued. As a result, the social structure of ownership of the means of production by the beginning of the 90s. took the following form: state 88.6; collective farm 8.7; cooperatives for the production of goods and services (including housing construction) 1.5; property of citizens 1.2%. These figures, in essence, express the high state monopoly on the means of production.
Establishing the dominance of state property, identified with public property, had its own merits. It provided a unified centralized management of the economy, a huge concentration of resources and their use to solve major economic problems.
The process of expanded reproduction was based on the development of state property. The centralization of property was the basis for relative equality in the distribution of material and spiritual wealth among members of society.
At the same time, the experience of the USSR and other socialist countries has shown that the globalization of state property also has major drawbacks, which become intolerable over time.
State enterprises were not economically interested in using the new achievements of science and technology. These achievements were rejected, since the existing monopoly of state ownership made it more profitable to produce traditional products using established technology. The lack of competition has deprived enterprises of economic incentives to improve product quality and reduce production costs. Internal sources of development were replaced by external incentives based on the strength of administrative power.
As a result, the efficiency of the national economy based on state ownership turned out to be low, in many respects it is inferior to the efficiency of a market economy. The rate of growth in labor productivity slowed down, the return on assets decreased from year to year, and the material intensity of production grew.
Similar shortcomings appeared in collective farm property. The administrative bodies commanded the collective farms undividedly, determined the direction of their production, and formed their management bodies. Collective-farm democracy had a formal character. The collective farm was deprived of the right to dispose of its products, since the main part of it came to the state at prices set by it.
The absence of a truly masterly attitude to production, one way or another, hinders its normal functioning. Of course, the director and management service of the enterprise strive to ensure that it works efficiently. But, as they often and not without reason say, the owner is always interested in the prosperity of the company, and the manager - in maintaining his position.
In Russia, during the radical economic reforms in the 90s a system has developed that includes a number of forms of ownership (Fig. 1).
Different forms of ownership functioning in the general system of economic relations cannot be isolated from each other. Overcoming their specificity, they inevitably intertwine. On the basis of such an interweaving, mixed forms of ownership may arise. The objective basis of this interweaving is the mutual complement and use of those specific opportunities that are inherent in each of the specific forms of management. Thus, in the privatized Russian joint-stock companies, the property of individual citizens, collectives and the state is now merged.
3.2. Criteria for the effectiveness of property transformations.
The difference between economic and legal approaches to the transformation of property is clearly revealed in the following main areas. Law dispassionately fixes the transfer of property rights from one subject to another. The question of how effectively the objects of property were used before and what caused the need for a change of owners is not the subject of special attention in the legal approach. For the economic approach, the question of the effective use of property passing from one owner to another is the main one. Therefore, it is the economic criteria for the transformation of forms of ownership that are the most important for determining the compliance of specific ways and forms of transformation of ownership with historical and economic progress. Ignoring this circumstance can lead to such transformations that will lead to large losses, economic and social regression.
Another difference between the economic approach to property transformations and the legal one is that within the same legal form of ownership, significant transformations can occur in the process of appropriation. For example, an individual has the right to own a piece of land. Regardless of whether it cultivates this plot or not, its property rights will not change, although in terms of economic content these two are completely various situations. His right of ownership does not change even if the land plot is cultivated by hired workers. However, this is already the third and fundamentally different situation from the point of view of the real economic process of appropriation under the same right of private property. Therefore, only economic analysis makes it possible to obtain a deeper, concretized and internally dissected knowledge about the real content of property.
This approach is characteristic of all major areas of economic theory. The theory of efficient and rational distribution of resources, substantiating the criteria for the transfer of resources from the non-state (private) sector to the state (public), puts forward the following requirement: the transformation of property by moving funds and resources from one (private) sector to another (public) is possible and economically justified if the losses from the withdrawal of resources from the private sector are less than the additional benefits in the state (public) sector. In other words, the transformation of private property into public property is justified only if it leads to an increase in the productivity (return) of resources. This economic criterion, with some refinements, can be applied universally to all other forms of ownership and redistributable property rights.
However, the decisions made on the transformation of property in a transitional economy, as experience shows, can often be dictated by other circumstances: political, the interests of shadow and criminal capital, the chosen variant of transformation (radical or reformist). All this can significantly affect the development of rational economic decisions, which can lead to economic losses at a given time.
However, the short-term and long-term effects of ownership changes should be taken into account. In this regard, there is a problem of weighing short-term losses and long-term benefits to society from property transformations. Her solution requires whole line special economic calculations. In any case, a thorough scientific economic analysis must precede the transformation of ownership on a national scale.
3.3. Features of the transformation of property in Russia.
The choice of directions and forms of transformations in the transition economy of Russia is carried out in the course of heated discussions, which were conducted in the following main areas. The following were justified as priorities: denationalization with the preservation of state ownership at large enterprises and privatization in the field of small business; the creation of collective enterprises with both indivisible and collectively shared ownership; free distribution of state property among the population (through special privatization accounts, government securities, etc.); corporatization of enterprises and auctioning of shares of the enterprises themselves.
Privatization in Russia was carried out in a radical way in terms of nature, scale, pace, timing and methods.
The Law of the RSFSR “On Privatization of State and Municipal Enterprises in the RSFSR” was adopted on July 3, 1991 and served as the basis for the development and implementation of practical privatization programs. Decree of the President of the Russian Federation of January 29, 1992 "On the accelerated privatization of state and municipal enterprises" was the basis for the intensification of the privatization process. A large-scale privatization process with the prescription of quantitative privatization plans by industry and region unfolded on the basis of the first privatization program (June 1992). And the Decree of the President of the Russian Federation of July 1, 1992 No. 721 and the approved package of annexes to it led the privatization process to a state of “technological flow”.
In our country, privatization was carried out at a frantic pace. It was not preceded by any preliminary preparation. The inventory of enterprises was not carried out. In the context of a very rapid depreciation of money, the value of enterprises was not correctly assessed (they were often sold at residual value - at the cost of complete worn-out equipment). Therefore, many factories became the prey of clever buyers at a price comparable to the cost of a new prestigious apartment.
The following figures speak of the "cavalry" pace of privatization in 1993, when 43,000 enterprises left the public sector:
Enterprises privatized, thousand: 42.9
by sale 29.4
corporatization 13.5
Receipt of funds from the privatization of enterprises:
privatization checks, mln 46.8
cash, billion rubles 450.3
including:
personal funds of citizens 50.1
enterprise economic incentive funds 19.1
funds of enterprises-buyers 208.0
funds of foreign investors 1.0
It was noted above that privatization is a special, but not the only form of property transformation. It is possible to redistribute property rights without redistributing economic power. The privatization itself can be carried out radically, subordinated to the decision of political goals, or evolutionary, subordinated to the goals of economic efficiency. In the transitional economy of Russia, there have been trends of reverse transformations of property from private to state, cooperative, municipal. Numerous facts of the return of privatized housing to municipal property can serve as examples; consolidation of shares of joint-stock agricultural enterprises; the acquisition by municipal authorities of a controlling stake in privatized enterprises in order to increase production, etc.
At the end of the 1990s, as a result of the implementation of a wide range of measures for denationalization and privatization, significant changes took place in Russia in property relations and organizational and legal forms of commercial activity. This situation is characterized by:
Variety of forms of ownership;
· the transformation of private property into one of the main forms of ownership in the Russian economy;
· overcoming the monopoly of state property in almost all spheres of the national economy;
· the formation of new forms of management, adequate to changes in property relations;
· approval of new forms of organization of economic activity (joint-stock companies, partnerships, farms, charitable and other public funds, etc.);
· formation of market infrastructure and mechanisms serving new forms of ownership.
Despite the fact that major stages of privatization have been passed, the redistribution of property rights has not yet been completed. The optimal concentration of powers for individuals and legal entities has not yet been found, giving the most effective forms of functional movement of property. The criterion of economic efficiency should come to the fore in the process of redistribution of property rights at new stages of property transformation.
By 1997, a situation had developed that could provoke a new large-scale redistribution of property rights, that is, a new stage of privatization and re-privatization. The system of non-payments, into which almost all branches of the real sector of the economy “creeped”, after a sharp increase in the scale of prices since 1992, led to the fact that most enterprises, including entire sectors of the state’s life support, turned out to be chronic debtors. Buyers in the new conditions can be banks and other financial institutions with money capital.
Having already quite obvious experience of mass and radical transformation of property, it is necessary to avoid radical, ill-conceived and uncalculated decisions in terms of economic results.
4. Manufacturing plant
7.1. The enterprise, its tasks and functions
A manufacturing enterprise is a separate specialized unit, the basis of which is a professionally organized labor collective, capable of using the means of production at its disposal to produce the products (perform work, provide services) of the appropriate purpose, profile and range that consumers need (perform work, provide services). Manufacturing enterprises include plants, factories, combines, mines, quarries, ports, roads, bases and others. economic organizations industrial purpose.
On the purely legal side, according to the legislation of the Russian Federation, an enterprise is an independent economic entity created in the manner prescribed by law to produce products and provide services in order to meet public needs and make a profit.
The most important tasks of the operating enterprise are:
receipt of income by the owner of the enterprise;
providing consumers with the company's products;
providing the personnel of the enterprise salary, normal working conditions and the possibility of professional growth;
creation of jobs for the population living in the vicinity of the enterprise;
environmental protection: land, air and water basins;
prevention of failures in the work of the enterprise (disruption of delivery, production of defective products, a sharp reduction in volumes and a decrease in the profitability of production).
The tasks of the enterprise are determined by:
the interests of the owner;
the amount of capital;
the situation within the enterprise;
external environment (Fig. 4).
The right to set a task for the personnel of the enterprise remains with the owner, regardless of his status - a private person, government agencies or shareholders. The owner, proceeding from his own interests, goals, priorities, not only has the right, but is forced to formulate and set tasks for the enterprise team - otherwise, someone else will do it instead of him in his own interests.
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The most important task of the enterprise in all cases is to generate income through the sale of manufactured products (work performed, services rendered) to consumers. Based on the income received, the social and economic needs of the labor collective and the owners of the means of production are satisfied.
The body that formulates and specifies any economic task is obliged to take into account the real conditions for its implementation, taking into account the functions that the enterprise performs.
Regardless of the form of ownership, the enterprise operates, as a rule, on the basis of full cost accounting, self-sufficiency and self-financing. It independently concludes contracts with consumers of products, including receiving state orders, and also concludes contracts and makes settlements with suppliers of the necessary production resources.
The main functions of the manufacturing enterprise include:
production of products for industrial and personal consumption;
sale and delivery of products to the consumer;
after-sales service of products;
material and technical support of production at the enterprise;
management and organization of work of personnel at the enterprise;
comprehensive development and growth of production volumes at the enterprise;
entrepreneurship;
payment of taxes, performance of mandatory and voluntary contributions and payments to the budget and other financial bodies;
compliance with applicable standards, regulations, state laws.
The functions of the enterprise are specified and refined depending on:
enterprise size;
industry affiliation;
degrees of specialization and cooperation;
availability of social infrastructure;
forms of ownership;
relationships with local authorities.
The enterprise is fully responsible to the financial authorities for the timely transfer of taxes and other payments, covers all losses and losses from its own income. At the expense of proceeds from the sale of products (services), it pays for the costs of organizing and developing production, as well as for the purchase of raw materials, materials, and payment for labor.
The administration and personnel of the enterprise are obliged to constantly ensure that the products they produce are of sufficient quality and not too expensive. Both are necessary for the conquest and retention of the sales market. Low-quality products, as well as products that are too expensive, force the consumer to look for a supplier from whom they can purchase the same products with better quality indicators or at a lower price. In order not to lose consumers, the company's specialists study the product sales markets, take measures to accelerate scientific and technological progress, improve product quality, and reduce its cost. In fact, the fate of the state and development of the country's economy and politics is decided in the labor collectives of industrial enterprises.
5. Types of enterprises
5.1. Signs of classification of enterprises
The entrepreneurial sector of the national economy usually has a huge number of enterprises, which, for the purposes of economic analysis, are grouped according to a number of essential features. The most common are classifications by form of ownership, size, nature of activity, industry affiliation, dominant factor of production, legal status.
By type of ownership companies are divided into:
private, which can exist either as completely independent, independent firms, or in the form of associations and their constituent parts. Private firms can also include those firms in which the state has a share of the capital (but not the predominant one);
state, which are understood as purely state (including municipal), where capital and management are wholly owned by the state, and mixed, where the state owns most of the capital or plays a decisive role in management. According to the recommendation of the Organization for Economic Co-operation and Development (OECD), state-owned enterprises should be considered enterprises in which state bodies own the majority of the capital (over 50%), and/or those that are controlled by them (through state officials working in the enterprise).
Of these two categories of enterprises are often distinguished mixed, those. enterprises with a significant or predominant share of the state in the capital. This category of enterprises sometimes occupies a significant place in the economic life of the country, for example, in Russia in the late 1990s, when, as a result of privatization, the state retained a stake in many privatized enterprises (a quarter of all employed workers work at these enterprises).
By size enterprises are divided into small, medium and large, based on two main parameters - the number of employees and the volume of production (sales).
Small enterprises usually dominate in number (in Russia they account for about half of the total number of enterprises).
Small business is defined differently in different countries. According to the law “On State Support of Small Business in the Russian Federation” dated June 14, 1995, in our country they include those where the average number of employees does not exceed 30 people in retail trade and consumer services, 50 people in wholesale trade, science and technology, agriculture - 60 people, transport, construction and industry - 100 people
Firm classification by nature of activity (production and non-production) involves their division into producing material goods (consumer or investment goods) and services. This classification is close to the classification of enterprises by industry , which subdivides them into industrial, agricultural, trade, transport, banking, insurance, etc.
Enterprise classification on the basis of the dominant factor of production provides for labor-intensive, capital-intensive, material-intensive, knowledge-intensive enterprises.
By legal status (organizational and legal forms) in Russia distinguish, first of all, business partnerships and companies; production cooperatives; state and municipal unitary enterprises; individual entrepreneurs.
5.2 Private entrepreneur
This kind of firm is also called a one-man business, or private property. The owner has or acquires the material resources and capital equipment necessary for the production activity, and also personally controls the activities of the enterprise.
ADVANTAGES:
1. Sole proprietorship is easy to set up as the legal procedure is very easy and registration of this type of company is usually not expensive.
2. The owner is his own boss and has considerable freedom of action. To make decisions about what and how to produce. No need to wait for decisions of any meetings, partners or directors.
3. The owner can provide personal services to the client.
4. Incentives for effective work are the most energetic. The owner gains everything in case of success and loses everything in case of failure.
However, there are also disadvantages of this organizational form, and they are very significant.
FLAWS:
1. With rare exceptions, the financial resources of a sole proprietor are insufficient for the firm to grow into a large enterprise. Such as sole proprietorships, the bankruptcy rate is relatively high, commercial banks are not very willing to provide them with large loans.
2. Full control over the activities of the enterprise is exercised, the owner must carry out all major decisions, for example, regarding the purchase, sale, attraction and maintenance of personnel; not to be overlooked technical aspects that may arise in production, in advertising and in the distribution of products.
3. The most important drawback is that the sole owner is the subject unlimited liability. This means that self-employed entrepreneurs risk not only the assets of the firm, but also their personal assets.
If the company goes bankrupt, he is personally and solely responsible for the debts of the company. In this case, the owner's personal property may be sold to pay off debts.
5.3. Partnership (partnership)
partnership - is a form of business organization natural development of sole proprietorship.
Partnership Act 1890 defined a partnership (partnership) as a voluntary association of 2 to 20 people united for a joint business with the aim of making a profit. However, in some areas of activity (lawyers, accountants, brokers) more than 20 participants are now allowed to form partnerships.
By the degree of participation in the activities of the enterprise partnerships are different. In some cases, all partners play an active role in the functioning of the enterprise, in other cases, one or more participants may play a passive role. This means that they invest their financial resources in the firm, but do not take an active part in its management.
ADVANTAGES:
1. Like sole proprietorship, partnerships are easy to set up. In almost all cases, a written agreement is concluded, and the bureaucratic procedures are not burdensome.
2. Since many people are united in a partnership (partnership), the initial capital can be larger than in a sole proprietorship.
3. Firm management can be specialized. Each of the partners can take responsibility for a specific area of work. For example, for management, production, etc.
FLAWS:
1. When several people participate in management. This division of power can lead to conflicting interests, incoherent policies, or inaction when decisive action is required. It is even worse when partners disagree on major issues. For all of these reasons, managing a partnership can be cumbersome and difficult.
2. The company's finances are still limited, although they far exceed the possibilities of private ownership. The financial resources of three or four partners may not be sufficient, or they may be such that they still severely limit the potential growth of a profitable enterprise.
3. The duration of the partnership is unpredictable. Withdrawal from a partnership or the death of a partner, as a rule, entails the disintegration and complete reorganization of the company, the potential disruption of its activities.
4. Partnership (partnership) suffer from unlimited liability for the activities of the enterprise. A full partnership means that each partner is fully liable for the company's debts.
5. You can create a limited liability partnership. In this case, the partner is liable for the debts of the enterprise in the amount of the funds that he invested in it. However, partners in a partnership of this kind cannot take part in the conduct of business - at least one of them must still accept full responsibility.
5.3 Corporation (limited companies)
Corporation is a legal form of business that is distinct and separate from the specific individuals who own them. These government-recognised "entities" can acquire resources, own assets, manufacture and sell products, borrow, lend, sue, and sue. And also to perform all those functions that are performed by enterprises of any other type.
ADVANTAGES:
1. The most effective form of business organization in terms of attracting money capital. Corporations have a unique way of financing - through the sale of stocks and bonds - which allows them to attract the savings of numerous households. Through the securities market, corporations can pool the financial resources of vast numbers of individuals into a common fund. Financing through the sale of securities also has certain advantages. From the point of view of the buyers. Corporations have easier access to bank credit than other forms of business organization. The reason lies not only in the greater reliability of the corporation, but also in its ability to provide bank accounts with profitability.
2. Another significant advantage of corporations is limited liability. Corporate owners (i.e., stockholders) risk only the amount they paid to buy the stock. Their personal assets are not at risk even if the corporation goes bankrupt. Creditors can sue the corporation as a legal entity, but not the owners of the corporation as individuals. The right of limited liability greatly facilitates the task of the corporation in attracting money capital.
3. Since a corporation is a legal entity, it exists independently of its owners and, for that matter, of its own officers. Partnerships can die suddenly and unpredictably, but corporations, at least according to the law, are eternal. The transfer of ownership of a corporation through the sale of shares does not undermine its integrity. In short, corporations have a certain persistence, lacking in other forms of business, that opens up the possibility of forward planning and growth.
The advantages of a corporation are enormous and usually outweigh the disadvantages. And yet they exist.
FLAWS:
1. Registration of a corporation's charter involves some bureaucratic procedures and costs for legal services.
2. The next possible disadvantage of a corporation concerns issues related to the taxation of corporate profits. It's about a problem double taxation: that part of the income of the corporation, which is paid in the form of dividends to shareholders, is taxed twice - the first time as part of the profits of the corporation, the second - as part of the personal income of the owner of the shares.
3. In sole proprietorship and partnership, the owners of real estate and financial assets themselves directly manage and control these assets. But in large corporations, whose shares are widely distributed among hundreds of thousands of owners, there is a significant divergence between the functions of ownership and control.
The reasons for this lie in the inactivity of a typical shareholder. Most of the shareholders do not use the right to participate in voting, or if they use this right, it is only by subscribing to the granting of powers to the current officers of the corporation.
All limited liability companies must be registered with Companies House. Before the start of actual activities, the company must submit a number of documents to the Registration Chamber for approval:
company memorandum;
Articles of association of a joint stock company.
The law requires all registered companies to publish annual reports and provide copies of these reports to Companies House.
5.4.1. Small business
A small business can be created both by a private person and by an enterprise, organization, both state and public. Firstly, it can be "single-celled" and more complex, have branches, sites, representative offices. Secondly, the variety of purposes for which an enterprise can be created: artistic and ancillary crafts, the provision of various services to the population, the launch of almost any activity not prohibited by law. Thirdly, it attracts a relatively simple procedure of establishment and registration.
In industrialized countries, small businesses account for a significant share of the gross domestic product.
The viability of small enterprises is determined by the freedom and simplicity of their creation, the absence of administrative coercion, the preferential taxation system, and the market pricing mechanism.
Small enterprises include newly created operating enterprises with up to 200 employees in industry or construction, up to 100 people in science and scientific services, up to 50 people in other sectors of the manufacturing sector, up to 25 people in non-manufacturing sectors, up to 15 people in retail trade.
Small enterprises can be created as a result of separation from the existing enterprise, association, organization. In these cases, the organization (enterprise) from which the small enterprise was spun off acts as its founder.
For the state registration of a small enterprise by the local Council of People's Deputies, the following documents should be submitted to the latter:
Order of the founders;
Memorandum of association;
Receipt of payment of state duty for registration.
The memorandum of association defines the relationship between the enterprise and its founder, business executive, financial ties, authorized capital, deductions from profits in favor of the founder.
The charter of a small enterprise establishes the goals of its activities, the procedure for the formation of the enterprise's property, the procedure for management, the possibility of redemption, the distribution of profits, the conditions for reorganization and termination of activities, and other important issues.
The enterprise independently carries out its activities, disposes of the products produced, the profits received, remaining at its disposal after paying taxes and other obligatory payments.
Small enterprises report on the results of their economic activities to the founders in the manner prescribed by the founding agreement.
The management of the enterprise is carried out in accordance with the Charter. The head (director) is appointed by the owner upon establishment of the enterprise. The management structure and staff are determined by the labor collective independently. Contracts can be concluded with managers, specialists and other employees as a special form of employment contract.
Procedural issues of the liquidation of the enterprise are resolved by the owner of the property through the liquidation commission appointed by him. Justified claims of creditors against a small enterprise being liquidated are satisfied from its property.
When an enterprise is reorganized, its rights and obligations are transferred to successors.
5.4.2. Joint stock company (closed and open)
Joint-Stock Company - voluntary organization of legal entities and citizens (including foreign ones) for joint activities by combining their contributions and issuing shares for the entire value of the statutory fund.
Joint stock companies serve three important purposes:
The issue of shares by an enterprise in order to mobilize funds does not change its status, that is, the organizational and legal procedures are not transformed: the meeting of future participants, the determination of the authorized capital, the development of the charter and its state registration.
Depending on who owns the shares, joint-stock companies can be state, cooperative, public, mixed.
A joint stock company may be created for the purposes of economic and other activities not prohibited by law. A joint-stock company, being a legal entity, has the right to enter into any transactions provided for by law, independently resolve issues of organizing management, setting prices for manufactured products, remuneration, and distributing net profit. The company may have representative offices, branches, establish subsidiaries as independent commercial organizations.
The following documents are submitted for registration of a joint-stock company:
Application for registration (letter of the founders);
Minutes of the constituent assembly;
Receipt of payment of the registration fee, the amount of which depends on the authorized capital.
Limited Liability Company (LLC):
A company founded by one or more persons is recognized as such, the authorized capital of which is divided into shares determined by the constituent documents; LLC participants are not liable for its obligations and bear the risk of losses associated with the activities of the company within the limits of the size (value) of their contributions. The authorized capital of a limited liability company is made up of the value of the contributions of its participants. The LLC is not bound by public liability. This legal form is most common among small and medium enterprises.
Joint-stock companies are created of two types - closing and open.
A joint stock company whose members may alienate their shares without the consent of other shareholders is recognized open. Such a joint-stock company has the right to subscribe for the shares it issues and their free sale on the terms established by law. An open joint stock company is obliged to annually publish for general information the annual report, balance sheet, profit and loss account.
A joint-stock company, the shares of which are distributed only among its founders or other predetermined circle of persons, is recognized closed .
Joint-stock companies and limited liability companies do not have fundamental differences. The only difference is that joint-stock companies form an authorized fund by issuing shares, the owners of which may not be known in advance. Limited liability companies create such a fund only at the expense of shareholders. If existing companies start issuing shares, they will turn into joint-stock companies. The concept of "limited liability" means that the shareholder is liable only to the extent of his share. Responsibility does not apply to the rest of its property, unlike a cooperative, whose members are liable for obligations with all their property.
Contributions (shares) of participants in a joint-stock company (partnership) with limited liability may be transferred from one owner to another only with the consent of other owners (shareholders) in the manner prescribed by the charter.
The contributions (shares) of an open type company may be transferred from one owner to another without the consent of the shareholders. The shares of this company can be freely traded.
The supreme governing body of a joint-stock company is the general meeting of shareholders. It makes it possible to exercise the right to manage LLC members. The number of participants' votes at the meeting is determined in proportion to the size of their shares in the authorized capital.
ADVANTAGES:
Ability to mobilize large financial resources;
The ability to quickly transfer funds from one industry to another;
The right to freely transfer and sell shares, ensuring the existence of the company, regardless of the change in the composition of shareholders;
Limited liability of shareholders;
Separation of ownership and control functions.
5.4.3. joint venture
Foreign investment refers to all types of property and intellectual values invested in an enterprise for the purpose of making a profit. Foreign investors have the right to take a business part in enterprises created jointly with legal entities and citizens on the territory of the Russian Federation, as well as to create enterprises wholly owned by foreign investors.
An enterprise with foreign investment is created and operates in the form of joint-stock and other economic companies and partnerships provided for by law in the territory of the Russian Federation.
A joint venture may be created either by establishing it, or as a result of the acquisition by a foreign investor of a participation interest (share, shares) in a previously established enterprise without foreign investment or the acquisition of such an enterprise in full.
The founding documents of enterprises with foreign investment must determine the subject and goals of the enterprise, the composition of participants, the size and procedure for the formation of the authorized capital, the size of the shares of participants, the structure, composition and procedure for making decisions, the list of issues requiring unanimity, the procedure for liquidating the enterprise.
Contributions to the statutory fund are evaluated by participants on the basis of world market prices. In the absence of such prices, the cost of deposits is determined by agreement of the participants.
The following documents are required to register a joint venture:
Written application of the founders for registration;
The conclusion of the relevant examinations;
Notarized two copies of constituent documents (constituent agreement);
A notarized copy of the decision of the owner of the property on the establishment of the enterprise or a copy of the decision of the body authorized by him, as well as notarized copies of the constituent documents for each participant from the Russian side;
A document on the solvency of a foreign investor issued by a bank serving him or another financial institution;
An extract from the trade register of the country of origin or other equivalent evidence of the legal status of a foreign investor in accordance with the laws of the country of its location;
Enterprises with foreign investors have the right to carry out any activities not prohibited by law. Some activities require a license, such as insurance and banking.
Joint ventures have the right to create subsidiaries, branches and representative offices both on the territory of the Russian Federation and abroad.
Foreign investors and enterprises are allotted land, have the right to lease property, acquire a participation interest, shares and other securities on stock exchanges, and participate in stock exchange transactions in the manner and under the conditions established by law. Foreign investors can participate in the privatization of state and municipal enterprises on the territory of the Russian Federation.
Foreign citizens may be members of the management body of the enterprise on the terms determined by individual agreements.
The liquidation of an enterprise with foreign investment is carried out in the manner prescribed by law and in strict accordance with the charter. If the enterprise, after a year after registration, does not confirm the contribution of at least 50 percent of the specified in statutory documents the amount of the deposit, the body that registered the enterprise recognizes it as failed and makes a decision on liquidation. An enterprise is considered liquidated from the moment the act of the liquidation commission is approved, which must be reported in the press.
5.5. Cooperatives
There are two types of cooperative societies: workers' cooperatives (or producers' cooperatives) and consumer cooperatives (retailers' cooperatives).
WORKER CO-OPERATIVES:
This is a voluntary association of citizens on the basis of membership for joint production activities based on their personal labor and other participation and association by its members (participants in property share contributions). Workers' cooperatives are commercial organizations.
The founding document of workers' cooperatives is their charter, approved by the general meeting of its members. The number of members of cooperatives should not be less than five. Property owned by workers' cooperatives is divided into shares of its members in accordance with the charter of the cooperative. The cooperative is not entitled to issue shares. A member of the cooperative has one vote when making decisions in a common way. Profits are shared among employees in accordance with an established agreement.
At the beginning of the 20th century, there were about 200 workers' cooperatives in Great Britain. They were strongly supported by the cooperatives of retailers, who purchased most of the products of these cooperatives. By the beginning of the 60s, the number had dropped to thirty. Most of the production cooperatives remained in the printing business, sewing clothes and shoes.
CONSUMER COOPERATIVES:
The owners of cooperatives of this type are actually consumers - those people who buy goods, and do not produce them.
The first society of retailers was founded in Rochdel in 1844. a group of poor weavers who founded a small shop. The basic principles of cooperative societies are as follows:
| 1.Open Membership: |
There is no size limit in a cooperative society; everyone can enter the cooperative and leave it at any time. |
|
2.Profit distribution: |
For many years members of cooperatives received regular cash dividends. The amount of dividends is determined by the amount of funds brought to the cooperative. |
|
3. Interest payment on share capital: |
Members of cooperatives receive a fixed percentage of their share capital. The management of the cooperative is carried out by a committee - usually employees. Combining this work with another. They are selected by the members of the cooperative. The current work of the cooperative is carried out by managers. Employed here full-time, appointed members of the select committee. |
Traditionally, cooperative societies have seen themselves as more than just a special form of business organization.
5.6. State-owned enterprises (public corporations)
The word "government" refers to both local authorities and the central government.
The state is the largest employer, so its revenues and expenses far exceed those of the largest limited liability companies.
Many public property enterprises, like private firms, sell what they produce. The best-known examples of this kind are nationalized industries such as coal mining, electricity generation, and rail transport. These businesses are run by public corporations.
Own:
A public corporation is a form of business organization. This form is used to manage nationalized industries.
Like limited liability companies, they are legal entities, but unlike them, they do not own shares. Public corporations are owned by the state. In fact, they belong to all citizens of the country.
Control:
There is a Board of Governors. At first glance, the leaders of these corporations have the same responsibilities as the directors of companies. The most important difference is, How they get into leadership positions.
In public corporations they appointed Minister of the Interior, while in limited companies from choose shareholders.
Managers of public corporations direct the day-to-day operations of the enterprises, but are accountable to the government, not to the shareholders' meeting. The Minister of State is responsible for their work. For example, the Minister of Energy is responsible for the state of coal mining in the country, the Minister of Transport is responsible for the railway lines.
Finance :
Since there are no shareholders in public corporations, such an organization cannot raise capital by issuing shares. In some countries they receive long-term loans directly from the government and short-term loans from banks. Some public corporations receive loans from abroad. The state compensates all expenses, including the losses of public corporations.
Public corporations are required to submit annual reports of activities and balance sheets of income and expenses. These documents are being reviewed by the government.
Goals :
If the main objective of the activities of limited liability companies is to make a profit, then the goals of public corporations are completely different. It is assumed that operating in the nationalized industries, they will at least be self-sustaining enterprises, that is, they will not incur permanent losses. Their main task is to work for the common good. This means that managers must conduct business in such a way that it is as effective as possible in the interests of the whole society, the whole country.
Public corporations must be much more concerned with the social consequences of their activities than limited liability companies. For example, a railroad corporation should prevent the closure of a railroad in remote rural areas, which could completely deprive local residents of an essential transportation service.
The current policy of the government is to compensate for losses in those types of services that are of great social importance.
Municipal enterprises:
Local governments are also involved in the management of enterprises. The best-known example in this area is urban bus transport, which is the responsibility of local authorities in relatively large cities.
City services such as swimming pools, playgrounds and other types of services are offered and implemented for money by local authorities.
Some of these types of services are financed from the budget, since their prices do not compensate for real costs.
6. Enterprises and entrepreneurship in the Russian Federation
Soviet science in the past generally bypassed the issues of enterprise and entrepreneurship. You will not find these words even in the Explanatory Dictionary of the Russian Language by S. Ozhegov. Soviet social scientists considered these concepts as purely class phenomena, although in everyday life and economic practice, most people (and leaders certainly) came into contact with the practice of entrepreneurship to one degree or another.
American experts Robert Hisrich and Michael Peters defined an entrepreneur as a person who spends all his energy on it, takes on all ... the risk, receiving money and satisfaction with what has been achieved as a reward.
Such a definition with a clear coloring of romanticism is unlikely to give a fairly accurate idea of entrepreneurship, especially in Russia in the 90s. The main task of any entrepreneur, which is to receive income for the invested labor and capital, is worldly prose, and by no means romance.
The Law of the Russian Federation "On the Enterprise and Entrepreneurial Activity" notes that "entrepreneurial activity (entrepreneurship) is an initiative independent activity of citizens and their associations aimed at making a profit." Entrepreneurial activity in this Law is interconnected with the activity of an enterprise, as a result of which “the status of an entrepreneur is acquired through the registration of an enterprise”.
There are many problems when creating them. In Russia, this is primarily due to the imperfection of the legislation: methods for coordinating the operation of complexes with central and local administrative and economic departments have not been fully developed; the boundaries of the economic independence of these complexes have not been established; relationships of associations, concerns with state and local authorities in many cases do not have a clear legal regulation; legal bases of information service of complexes, and also development of cooperation, preservation of the developed industrial communications are not developed.
In addition, the formation of large industrial complexes, as a rule, exacerbates the problem of monopoly. The creation of super-large production complexes, concentrating the output of the main part of the country's similar products at their enterprises, poses a real threat of market monopolization, increased inflation, and curbing scientific and technological progress.
The solution to the problem lies in the organization of parallel production of the same type of products, the development of foreign economic relations. However, the creation of parallel structures and competitive placement of orders will take considerable time. Therefore, state bodies consider the development of a system of economic and legal measures of state regulation of the processes of integration of production within the framework of concerns and associations to be the primary and most accessible method of limiting monopoly.
7. Joint stock companies in Belgorod
Characteristics of the corporatization process in the agro-industrial complex.
It is widely believed that joint-stock companies are not adequate to the specifics of agricultural production - the procedure for their functioning in agriculture differs slightly from the organization of the work of production cooperatives and limited liability companies. In addition, a characteristic feature of joint-stock companies in agriculture is the distribution of income not in proportion to the number of shares, but depending on the labor participation of each employee. Only in a few joint-stock companies income is presented in the form of a dividend per share.
Currently, there are 321 joint-stock companies operating in the agro-industrial complex of the Belgorod region, of which 175 are open joint-stock companies, and 146 are closed joint-stock companies. Over the previous three years, there has been a trend towards a decrease in the number of CJSCs and an increase in the number of OJSCs. This trend is especially clearly seen in the example of agricultural enterprises. The trend towards an increase in the number of OJSCs is not due to the goals of raising capital through the placement of shares, but is due to the creation of new commercial structures, mainly agricultural enterprises and enterprises processing agricultural products.
In 1999-2001 in the agro-industrial complex of the Belgorod region, new commercial structures were created, mainly with the organizational and legal form of OJSC. The founders of the new organizations were large industrial enterprises and individuals who are owners of land shares in specific agricultural enterprises. The newly formed enterprises were created, as a rule, by large industrial and commercial enterprises, which include OJSC Efirnoye, OJSC Alekseevsky Meat Processing Plant, LLC BelAgroGAZ, CJSC APP Rif, OJSC Prodimeks, OJSC Belgorod Experimental Plant of Fish Kormov, OAO Stoilensky GOK, and others. The largest investors in terms of investment volume and land ownership are OAO Efirnoye, ZAO APP Rif, and OAO Stoilensky GOK.
The authorized capital of joint-stock companies as of January 1, 2001 amounted to 856.3 million rubles. Additional capital - 148.8 million rubles. Number of shares - 104243.1 thousand pieces with an average par value of 23.80 rubles. There are no preferred shares in the total amount of shares.
Analyzing the placement of shares of joint-stock companies of the agro-industrial complex, we can say that the largest share - 96,5% occupied by shares of agricultural enterprises, an insignificant share of shares is placed by repair and technical enterprises (0,1%) and transport service enterprises (0.1%). The number of shares placed among shareholders decreased due to the conversion of shares, as well as the liquidation of some companies; there was also an issue of shares, including additional issues.
Assessment of the profitability of joint-stock companies of the agro-industrial complex .
An analysis of the performance indicators of joint-stock companies that affect the profitability and profitability of production indicates an increase in the volume of sales of products, goods, works, services. So, if on January 1, 1999 the volume of proceeds from the sale of products, goods, works, services (excluding VAT) amounted to 4912.40 million rubles, then the same indicator as of January 1, 2001 amounted to 13275.26 million rubles. This fact indicates a positive shift in the activities of joint-stock companies of the agro-industrial complex, which was achieved mainly due to an increase in the volume of production and processing of agricultural products. As of January 1, 1999, the financial result of the joint-stock companies of the agro-industrial complex amounted to 131.86 million rubles, as of January 1, 2001, the financial result was 392.14 million rubles, while the profit from the main activity amounted to 1830 .41 million rubles Consequently, a significant part of the losses of the enterprise is received not from the main activity, but from servicing accounts payable for non-operating transactions and from extraordinary expenses.
Production potential assessment .
The production potential of joint-stock companies of the agro-industrial complex can be characterized by the following indicators:
the value of property from January 1, 1999 to January 1, 2001 increased by 1.23 times and amounted to 13,009 million rubles;
the share of production assets in the total value of the property as of January 1, 2001 was 68.12% of their total value.
Production assets as of January 1, 2001 amounted to 10,268.8 million rubles. For the period from January 1, 2000 to January 1, 2001, their value increased by 1.05 times. Currently, there is a tendency to reduce the share of fixed assets in the total value of property.
Indicators of financial and economic activities of joint-stock companies of the agro-industrial complex .
Joint-stock companies are characterized by high rates of efficiency in the use of fixed assets and labor resources. In 2000 (compared to 1999) the amount of proceeds from sales increased by 1.37 times, labor productivity increased by 1.33 times, and the number of employees increased by 3.4%. However, over the same period, capital intensity decreased: from 2.94 in 1998 to 0.97 in 2000; the capital-labor ratio decreased by 25.79%, which is a negative fact in the activities of joint-stock companies.
A characteristic feature of the agro-industrial complex is the presence of an insignificant share of shares in the labor collective (with the exception of agriculture) and agricultural producers. There is a tendency to reduce the number of shares of these groups of owners and the concentration of blocks of shares in legal entities, including third parties. This trend is negative, as it is explained by the concentration of blocks of shares from large owners, who for the most part do not take into account the interests of both the labor collective and agricultural producers.
In the future, this may lead to a significant redistribution of income in favor of processing enterprises to the detriment of the interests of agricultural enterprises. At the same time, prices for products of the processing industry will rise and prices for agricultural products will be limited.
As of January 1, 2001 (according to the founding documents) 52 share issues were registered, including 28 additional issues. The unsatisfactory economic condition of joint-stock companies in the agro-industrial complex requires the development and implementation of specific projects that can change the situation. One of the key problems in joint-stock companies of the agro-industrial complex is the lack of investment in production, therefore it is important to determine the ways and methods, as well as the possibilities of forming a securities market, with the help of which it is possible to solve the problems of financing joint-stock companies of the agro-industrial complex.
There is a speculative trend in the repurchase and sale of products, income is redistributed in favor of processing enterprises. At present, there is a need for a set of measures to eliminate the price disparity between agricultural enterprises and processing enterprises using the share market of joint-stock companies in the agro-industrial complex.
Conclusion
Summing up, I can say that the official statistics of Russia distinguishes the following forms of ownership: state (including federal and subjects of the Federation), municipal, public associations (organizations), private and others (including mixed ownership).
And the question arises: what form of ownership in certain conditions should be given preference and priority in economic policy? In many countries with developed market economies, private property (individual, collective, corporate) prevails. At the same time, a significant part of the property belongs to the state (central and local authorities, municipalities). In countries Western Europe about one tenth of the labor force in industry is employed by state-owned enterprises. The experience of many countries suggests that it is necessary to discard the assumption that only one form of ownership everywhere ensures the efficient functioning of the economy. In addition, both state and private forms of ownership are multivariate. Practice shows that for various spheres, industries, sectors of the economy, their specific forms are good, better than others adapted to the specific conditions of production and exchange. For example, individual property has proven itself well in retail trade, in many types of services (hairdressers, shoe repair shops, household appliances, etc.). Many types of production that do not require excessive complexity and bulky equipment operate effectively on the basis of collective ownership in the form of partnerships, limited liability companies. Large, and even super-large companies based on joint stock principles, for example, giants in the automotive industry, oil, chemical, aircraft manufacturing concerns, etc. can be private. At the same time, railways, communications, power plants, coal mining, metallurgical, defense enterprises can successfully operate in the public sector.
In other words, for each form of ownership and its variants, there is its own “niche”, where some specific form of ownership, and not any form of ownership, turns out to be the most productive.
In many countries, agriculture coexists with their small private forms, and large modern agricultural enterprises, and cooperatives, and state organizations for the technical maintenance of agriculture and animal husbandry.
Pluralism of forms of ownership turned out to be objectively necessary in the conditions of transition to the market in post-socialist countries.
The concept of the expediency of the formation and development of different forms of ownership is enshrined in the Constitution of the Russian Federation. In Art. 8 states: “In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way.”
Also I found out that:
1. In microeconomic analysis, the main object is the firm (enterprise). Firms form the enterprise sector in the economy. In a market economy, it takes the form of the commercial organization sector, or the entrepreneurial sector.
2. Enterprises (firms) are independent economic units of different forms of ownership that have combined economic resources for commercial activities. Commercial activities are understood as activities for the production of goods and the provision of services for third parties, individuals and legal entities, which should bring commercial benefits to the enterprise, namely profit.
3. Extraction maximum profit is the ultimate goal of any commercial activity. Its achievement is carried out through the definition and implementation of a set of targets of a tactical and strategic nature.
4. The main working tool of the enterprise is its competitive strategy. It is understood as a mechanism for realizing the competitive advantage of an enterprise. Competitive advantage is the price or quality characteristics of the company's products that distinguish it from competitors and ensure a stable position in the market.
5. The entrepreneurial sector of the national economy usually has a huge number of enterprises, which, for the purposes of economic analysis, are grouped according to a number of essential features, primarily by form of ownership, size, nature of activity and industry, dominant factor of production, and also by legal status.
6. According to the legal status (organizational and legal forms) in Russia, the following enterprises are distinguished: business partnerships and companies, production cooperatives, state and municipal unitary enterprises, as well as individual entrepreneurs.
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