What is the difference between a state-owned enterprise and a unitary enterprise? State-owned enterprise - what kind of organization is it?
Legal status of state-owned enterprises
A state-owned enterprise is a type of state unitary enterprise. State-owned enterprises are created by regulation on the basis of federal property by decision of the Government of the Russian Federation. The Government of the Russian Federation approves the charter of a federal government enterprise and decides on its reorganization and liquidation.
Features of the legal status of state-owned enterprises, the regime of property transferred to such enterprises by right operational management, are currently established by the Decrees of the Government of the Russian Federation “On approval of the Model Charter of a state-owned plant (state-owned factory, state-owned farm), created on the basis of a liquidated federal state enterprise” and “On the procedure for planning and financing the activities of state-owned factories (state-owned factories, state-owned farms).” A state-owned enterprise has special economic competence. Its charter defines the types of activities that the enterprise has the right to carry out; sources of formation, mode of use of property transferred to the enterprise; basics of accounting, reporting, control over the activities of an enterprise, including control over the intended use of property. Possession, use, and disposal of property are carried out by the enterprise in accordance with the instructions of the owner. Such tasks are embodied in an order plan, which the authorized body annually approves and delivers to the plant three months before the start of the planned year. The order plan is mandatory and prescriptive in nature. The order plan defines various indicators economic activity enterprises. The enterprise's wage fund may be reduced if the indicators of the order plan are not met.
Profit from the sale of products (works, services) produced in accordance with the order plan and as a result of permitted independent economic activity is used to finance measures to ensure the implementation of the order plan, plant development plan, and for other production purposes, as well as social development according to standards established annually by the authorized body. The free remainder of the profit remaining after it has been directed to these purposes is subject to withdrawal to the federal budget. The Civil Code of the Russian Federation provides for the obligation of the owner to bear subsidiary liability for the debts of the enterprise in the event of insufficiency of its property. A consequence of the establishment of the rule on subsidiary liability of the owner is also the norm of Art. 65 of the Civil Code of the Russian Federation, which determines the impossibility of declaring a state-owned enterprise insolvent (bankrupt).
The transfer of mine on the basis of a contract occurs according to the law of continuity (lex continui); this means that the possession of the object during this act is not interrupted for a single moment, because otherwise I would in such a state acquire the object as something without an owner (res vacua), therefore, initially, and this contradicts the concept of contract. A state-owned enterprise is a unitary enterprise based on the right of operational management. The legal status of a unitary enterprise based on the right of operational management (federal government enterprise) is very specific. On the one hand, a state-owned enterprise is created to produce products (perform work, provide services) and, therefore, carry out commercial activities. On the other hand, it can carry out its economic activities only through budget funds allocated from the federal treasury. Thus, the legal capacity of a state-owned enterprise occupies an intermediate position between the legal capacity of a commercial and non-profit organization(such a legal entity can be conditionally characterized as a “business establishment”). A unitary enterprise, based on the right of operational management, is created by a special decision of the Government of the Russian Federation on the basis of property in federal ownership (clause I of Article 115 of the Civil Code of the Russian Federation). The rights of a state-owned plant to the property assigned to it are determined in accordance with the rules of the Civil Code of the Russian Federation on operational management (Articles 297,298 of the Civil Code of the Russian Federation): it has the right to alienate or otherwise dispose of the property assigned to it only with the consent of the owner of this property. Consequently, the consent of the owner is required for the disposal of any property of such an enterprise, both movable and immovable. A federal government enterprise is a legal entity, has a current or current budget account in a bank, a standard seal with its name, forms, and may have a trademark (service mark) registered in the prescribed manner. A government enterprise is liable for its obligations with the funds at its disposal. State-owned enterprises differ from other state unitary enterprises in the following: ? they are based only on federal state property; ? are endowed with a limited real right - the right of operational management (Articles 296, 297 of the Civil Code of the Russian Federation), which is significantly narrower than the rights of economic management (Articles 294, 295 of the Civil Code of the Russian Federation); ? cannot be declared bankrupt (clause I, Article 65 of the Civil Code of the Russian Federation); ? state ( Russian Federation) bears additional subsidiary liability for the obligations of state-owned enterprises if their property is insufficient (clause 5 of Article 115 of the Civil Code of the Russian Federation). The number of state-owned enterprises (state-owned plants, factories, farms) is relatively small. These include, in particular, enterprises engaged in the production of certain types of defense products, and enterprises of correctional labor institutions. State-owned enterprises are created to produce products, perform work, provide services, the volume and nature of which are determined by the Government of the Russian Federation. In addition to the main types of activities, state-owned enterprises have the right to carry out independent economic activities with the permission of the body authorized by the Government of the Russian Federation. State-owned enterprises include: ? enterprises producing products that are allowed to be produced only at state enterprises; ? enterprises producing products, 50% of which are purchased by the state; ? enterprises that are not subject to privatization at all. The legal status of a state unitary enterprise based on the right of operational management (federal government enterprise) is very specific. On the one hand, a state-owned enterprise is created for the production and sale of products (performing work, providing services), i.e., it carries out commercial activities. On the other hand, it carries out its economic activities at the expense of budget funds allocated by the federal treasury. Thus, the legal capacity of a state-owned enterprise occupies an intermediate position between the legal capacity of a commercial (general) and non-profit (special) organization, i.e. such a legal entity can be conditionally characterized as an “entrepreneurial institution”. To fulfill its statutory goals, a state-owned enterprise has the right: ? receive loans with guarantees from the Government of the Russian Federation; ? independently use part of the income received as a result of conducting independent economic activities. A state-owned enterprise is obliged to: ? use the property assigned to him and allocated federal funds in a targeted manner; ? maintain the number of employees within the limits established by the Government of the Russian Federation (the body authorized by it); ? ensure healthy and safe conditions labor of workers in accordance with the requirements of current legislation on labor protection; ? carry out measures aimed at regulating employment. Buildings, structures and other property are federal property and are assigned to the enterprise in the prescribed manner with the right of operational management by the State Property Committee of Russia on the basis of a decision of the Government of the Russian Federation. A state-owned enterprise does not have the right to lease, transfer for temporary use or otherwise dispose of real estate and other property transferred to its operational management without the consent of the State Property Committee of Russia. A state-owned enterprise, in relation to the property assigned to it, exercises, within the limits established by law, in accordance with the goals of its activities, the tasks of the owner and the purpose of the property, the rights of ownership, use and disposal of it (Clause I of Article 296 of the Civil Code of the Russian Federation). The owner of property assigned to a state-owned enterprise has the right to withdraw excess, unused or misused property and dispose of it at his own discretion (Clause 2 of Article 296 of the Civil Code of the Russian Federation). The rights of a state-owned enterprise to the property assigned to it are determined in accordance with the rules of the Civil Code of the Russian Federation on operational management (Articles 296, 297 of the Civil Code of the Russian Federation): it has the right to alienate or otherwise dispose of the property assigned to it only with the consent of the owner of this property. A state-owned enterprise independently sells the products it produces, unless otherwise established by law or other legal acts (Clause I, Article 297 of the Civil Code of the Russian Federation). The procedure for distributing income of a state-owned enterprise is determined by the owner of its property (clause 2 of Article 297 of the Civil Code of the Russian Federation). Sources of formation of property and financial resources state-owned enterprises are: ? property transferred to him by decision of the Government of the Russian Federation for conducting main activities; ? cash and other funds received from the sale of products (works, services) produced in accordance with the state order; ? funds allocated in the prescribed manner from the federal budget and (or) federal extra-budgetary funds; ? part of the income received as a result of conducting independent economic activity (the charter indicates exactly what part of the income). The management of a state-owned enterprise is carried out solely by the director, acting on the principles of unity of command, who is appointed to the position and dismissed from office federal body The Government of the Russian Federation, which approved its charter. The director of a state-owned enterprise is accountable to the body that appointed him and bears personal responsibility for the results of the economic activities of the state-owned enterprise (Clause 4 of Article 113 of the Civil Code of the Russian Federation). The director of a state-owned enterprise, without a power of attorney, acts on behalf of the enterprise, represents its interests within the limits determined by the legislation of the Russian Federation and the charter, concludes contracts in accordance with current legislation, including labor contracts, issues powers of attorney, exercises the right to dispose of funds in the accounts of the enterprise, issues orders and gives instructions that must be followed by all employees. Termination of the activities of a state-owned enterprise can be carried out in accordance with the legislation by decision of the Government of the Russian Federation in the form of its liquidation or reorganization (merger, accession, division, spin-off) (Clause 6 of Article 115 of the Civil Code of the Russian Federation). 2.15.
More on the topic of State-owned enterprises:
- Appendix 5 STANDARD CHARTER of a state-owned plant (state-owned factory, state-owned farm), created on the basis of a liquidated federal state enterprise 1
The fundamentals of the legal status of state-owned enterprises are established by the norms of the Civil Code of the Russian Federation and the Law on Unitary Enterprises.
A state-owned enterprise is a unitary enterprise based on the right of operational management. In accordance with this law, unitary is recognized commercial organization, not endowed with the right of ownership of the property that is assigned to it by the owner. The property of a state-owned enterprise is indivisible and cannot be distributed among deposits (shares, shares), including among employees of the enterprise. Depending on the owner, a state-owned enterprise can be federal, owned by a constituent entity of the Russian Federation, or be a municipal state-owned enterprise.
The legislation of the Russian Federation, in addition to the creation of state-owned enterprises, allows the creation of unitary enterprises based on the right of economic management.
According to the Law on Unitary Enterprises, a state-owned enterprise does not have the right to create subsidiaries, but it is given the right, in agreement with the owner, to create branches and open representative offices. The state-owned enterprise is obliged to coordinate these issues with the authority under whose jurisdiction it is located. In addition, a state-owned enterprise can be a participant (member) of commercial organizations, as well as non-profit organizations in which participation is allowed legal entities. The decision to participate in a commercial or non-profit organization is made with the consent of the owner.
A state-owned enterprise has special legal capacity. In relation to state-owned enterprises, the legislation provides for full property liability for obligations. At the same time, an essential feature of their legal status is the obligation of the owner to bear subsidiary liability for their obligations if the property of the enterprise itself is insufficient. As a result, state-owned enterprises are not subject to insolvency (bankruptcy) legislation.
A state-owned enterprise is established by decision of the Government of the Russian Federation, or an authority executive power subject of the Russian Federation, or local government body. The decision defines the goals and subject of activity of the state-owned enterprise. The Law on Unitary Enterprises provides an exhaustive list of cases of creating enterprises of this type:
Ø if the predominant or significant part of the products produced, work performed or services provided is intended for federal state needs, the needs of a constituent entity of the Russian Federation or a municipal entity;
Ø if it is necessary to use property the privatization of which is prohibited, including property necessary to ensure the security of the Russian Federation, the functioning of air, rail and water transport, and the implementation of other strategic interests of the Russian Federation;
Ø if necessary, carry out activities for the production of goods, provision of services sold at prices established by the state in order to solve social problems;
Ø if it is necessary to develop and produce certain types of products withdrawn from circulation and have limited circulation;
Ø if necessary, carry out certain subsidized activities and conduct unprofitable production;
Ø if it is necessary to carry out activities provided for by federal laws exclusively for state-owned enterprises.
The constituent document of a state-owned enterprise is its charter, approved by an authorized state body or local government body. The charter of a federal government enterprise is approved by the Government of the Russian Federation. The content of the charter and the procedure for amending it are determined in Art. 9 of the Law on Unitary Enterprises. In state-owned enterprises, an authorized capital is not created.
The peculiarities of the legal status of a state-owned enterprise are largely due to legal regime its property, which, as already noted, is assigned to the enterprise with the right of operational management. It is also important to note that the Law on Unitary Enterprises provides for a special procedure for the distribution of enterprise income, which must be determined by the Decree of the Government of the Russian Federation, authorized bodies state power subjects of the Russian Federation or local governments.
The legislation provides the owner of the property of a state-owned enterprise with broad powers, the list of which is given in Art. 20 of the Law on Unitary Enterprises. Let's name some of them:
Ø making decisions on the creation of an enterprise, reorganization and liquidation, approval of the charter;
Ø determination of the goals, subject, types of activity of the enterprise, giving consent to its participation in other legal entities, in associations of commercial organizations;
Ø determination of the procedure for drawing up, approving and establishing indicators of plans (programs) for the financial and economic activities of the enterprise;
Ø appointment to the position of the head of the enterprise, conclusion with him employment contract;
Ø coordinating the hiring of a chief accountant, concluding an employment contract with him;
Ø giving consent to the disposal of property, to carry out transactions related to the provision of loans, guarantees, guarantees, with other encumbrances, assignment of claims, transfer of debt, conclusion of a simple partnership agreement, to carry out major transactions, as well as transactions in which there is an interest, and other transactions;
Ø control over the intended use and safety of property;
Ø approval of indicators economic efficiency activities of the enterprise, monitoring their implementation;
Ø approval of accounting and other reporting, making decisions on conducting audits, determining the amount of payment for auditor services;
Ø confiscation of excess, unused and improperly used property from a state-owned enterprise;
Ø bringing to the government enterprise mandatory orders for the supply of goods, performance of work, provision of services for state or municipal needs;
Ø approval of estimates of income and expenses.
In relation to the property of federal government enterprises, the functions of the owner are performed by the Federal Agency for Federal Property Management. The sole executive body of a state-owned enterprise is its director, appointed by the owner and accountable to him. The manager must act in the interests of the enterprise, in good faith and wisely. Legal status the head of the enterprise is determined by Art. 21 of the Law on Unitary Enterprises and Labor Legislation. It must be emphasized that the head of the enterprise is responsible for losses caused to the state-owned enterprise by his guilty actions (inaction). The owner of the enterprise may sue him for compensation for such losses. In cases provided for by federal laws, collegial advisory bodies may be formed at state-owned enterprises.
The peculiarities of the legal status of a state-owned enterprise should also include the publicity of reporting, its presentation to authorized bodies, and the possibility of the owner establishing cases of mandatory annual audit.
The fundamentals of the legal status of state-owned enterprises are established by the norms of the Civil Code of the Russian Federation, Federal Law of November 14, 2002 No. 161FZ “On State and Municipal Unitary Enterprises”1 (hereinafter referred to as the Law on Unitary Enterprises).
A state-owned enterprise is a unitary enterprise based on the right of operational management. In accordance with this Law, a commercial organization is recognized as unitary if it is not endowed with the right of ownership of property assigned to it by the owner. The property of a state-owned enterprise is indivisible and cannot be distributed among deposits (shares, shares), including among employees of the enterprise. Depending on the owner, a state-owned enterprise can be federal, owned by a constituent entity of the Russian Federation, or be a municipal state-owned enterprise.
In addition to state-owned enterprises, according to the legislation of the Russian Federation, unitary enterprises are created based on the right of economic management.
According to the Law on Unitary Enterprises, a state-owned enterprise does not have the right to create subsidiaries, but it is given the right, in agreement with the owner, to create branches and open representative offices. In accordance with Decree of the Government of the Russian Federation of December 3, 2004 No. 7391, a federal government enterprise must coordinate these issues with the federal executive body under whose jurisdiction it is located. In addition, a state-owned enterprise can be a participant (member) of commercial organizations, as well as non-profit organizations in which legal entities are allowed to participate. The decision on the participation of federal government enterprises in a commercial or non-profit organization is made by federal executive authorities in agreement with Federal agency on federal property management.
A state-owned enterprise has special legal capacity. In relation to state-owned enterprises, the legislation provides for full property liability for their obligations. At the same time, an essential feature of their legal status is the obligation of the owner to bear subsidiary liability for their obligations if the property of the enterprise itself is insufficient. As a result, state-owned enterprises are not subject to insolvency (bankruptcy) legislation.
A state-owned enterprise is established by decision of the Government of the Russian Federation, or an executive body of a constituent entity of the Russian Federation, or a local government body. The decision defines the goals and subject of activity of the state-owned enterprise. The Law on Unitary Enterprises provides an exhaustive list of cases of creating enterprises of this type:
if the predominant or significant part of the products produced, work performed or services provided is intended for federal state needs, the needs of a constituent entity of the Russian Federation or a municipal entity;
- if it is necessary to use property, the privatization of which is prohibited, including property necessary to ensure the security of the Russian Federation, the functioning of air, rail and water transport, and the implementation of other strategic interests of the Russian Federation;
if necessary, carry out activities for the production of goods, provision of services sold at prices established by the state in order to solve social problems;
if necessary, the development and production of certain types of products withdrawn from circulation and limited circulation;
if necessary, carry out certain subsidized types of activities and conduct unprofitable production;
if it is necessary to carry out activities provided for by federal laws exclusively for state-owned enterprises.
The constituent document of a state-owned enterprise is its charter, approved by an authorized state body or local government body. The charter of a federal government enterprise is approved by the Government of the Russian Federation. The content of the charter and the procedure for amending it are determined in Art. 9 of the Law on Unitary Enterprises. State registration of a state-owned enterprise is carried out in accordance with the Registration Law. It should be noted that in state-owned enterprises an authorized capital is not created.
The peculiarities of the legal status of a state-owned enterprise are largely determined by the legal regime of its property, which, as already noted, is assigned to the enterprise with the right of operational management1. It is also important to note that the Law on Unitary Enterprises provides for a special procedure for the distribution of enterprise income, which must be determined by the Decree of the Government of the Russian Federation, authorized government bodies of the constituent entities of the Russian Federation or local government bodies.
The legislation provides the owner of the property of a state-owned enterprise with broad powers, the list of which is given in Art. 20 of the Law on Unitary Enterprises. Let's name some of them:
making decisions on the creation of an enterprise, reorganization and liquidation, approval of the charter;
determining the goals, subject, types of activities of the enterprise, giving consent to its participation in other legal entities, in associations of commercial organizations;
determining the procedure for drawing up, approving and establishing indicators of plans (programs) for the financial and economic activities of the enterprise;
appointment to the position of the head of the enterprise, conclusion of an employment contract with him;
coordinating the hiring of a chief accountant and concluding an employment contract with him;
giving consent to the disposal of property, including transactions related to the provision of loans, guarantees, guarantees, with other encumbrances, assignment of claims, transfer of debt, conclusion of a simple partnership agreement, to carry out major transactions, as well as transactions in which there is a interest, and other transactions;
exercising control over the intended use and safety of property;
approval of indicators of economic efficiency of the enterprise, monitoring their implementation;
approval of accounting and other reporting, making decisions on conducting audits, determining the amount of payment for auditor services;
confiscation of excess, unused and improperly used property from a state-owned enterprise;
bringing to the government enterprise mandatory orders for the supply of goods, performance of work, provision of services for state or municipal needs;
approval of estimates of income and expenses.
The implementation of these powers of the owner of a federal government enterprise is carried out by the federal executive body in charge of which the enterprise is located, the Federal Agency for Federal Property Management. The division of powers between these bodies is carried out by Decree of the Government of the Russian Federation of December 3, 2004 No. 739.
Liquidation and reorganization of federal state-owned enterprises included in the list strategic enterprises and strategic joint-stock companies, approved by Decree of the President of the Russian Federation of August 4, 2004 No. 1009, are carried out by the Government of the Russian Federation on the basis of a decision of the President of the Russian Federation.
The sole executive body of a state-owned enterprise is its director, appointed by the owner and accountable to him. The manager must act in the interests of the enterprise, in good faith and wisely. The legal status of the head of the enterprise is determined by Art. 21 of the Law on Unitary Enterprises and Labor Legislation. It must be emphasized that the head of the enterprise is responsible for losses caused to the state-owned enterprise by his guilty actions (inaction). The owner of the enterprise may sue him for compensation for such losses. In cases provided for by federal laws, collegial advisory bodies may be formed at state-owned enterprises.
The peculiarities of the legal status of a state-owned enterprise should also include the publicity of financial statements, their submission to authorized bodies, and the possibility of the owner establishing cases of mandatory annual audit.
_INTERNATIONAL SCIENTIFIC JOURNAL "INNOVATIVE SCIENCE" No. 05/2017 ISSN 2410-6070_
E.Yu.Kolobova
FEATURES OF THE LEGAL STATUS OF STATE UNITARY ENTERPRISES
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The article examines the legal status of state unitary enterprises. The author explores the features property rights, responsibility and nature of the activities performed various types state unitary enterprises, including enterprises of mixed private-public form.
Unitary enterprises, property, state-owned enterprises, shares.
State-owned enterprises act as state-subsidized enterprises that independently focus on market demand and pursue the goal of maximizing profits, as well as enterprises whose activities are completely determined by the government and are not aimed at profitability, as well as their intermediate forms. The Decree of the Government of the Russian Federation approved the Concept of State Property Management and Privatization in the Russian Federation, which established the goals and objectives of reforming the management mechanism of unitary enterprises to determine the range and number of unitary enterprises necessary for the implementation of government functions. Later, in order to develop the Concept, the Government of the Russian Federation adopted a Resolution “On federal state unitary enterprises based on the right of economic management”, reflecting the main provisions of the previously adopted Concept, and containing guidelines for the purpose of forced reorganization, liquidation, as well as the sale of state unitary enterprises as objects civil law as property complexes.
In accordance with the Civil Code of the Russian Federation, state and municipal unitary enterprises are organizations created for the purpose of solving the main tasks of the state and making a profit, but at the same time not being the owners of the property assigned to them. Also, Federal Law No. 161-FZ “On State and Municipal Unitary Enterprises” defines the concept and essence of the activities of unitary enterprises. The following types of unitary enterprises are created and operate in the Russian Federation:
Unitary enterprises based on the right of economic management, which include federal state enterprises and state enterprises of the constituent entities of the Russian Federation, municipal enterprises;
Unitary enterprises based on the right of operational management, which include federal state-owned enterprises, state-owned enterprises of a constituent entity of the Russian Federation, and municipal state-owned enterprises.
Unitary enterprises are created in the form of a state-owned enterprise, the property of which is in state ownership, and a subsidiary enterprise, to which state property is transferred for economic management. One of the experts in the field of management of state-owned enterprises believes that state-owned enterprises act as separate business entities, arguing that they “have a more limited right of operational management of the state property assigned to them than ordinary unitary enterprises,” however, he notes that that “state-owned enterprises, in accordance with the rules of Article 115 of the Civil Code of the Russian Federation, can use very narrow opportunities in property circulation, in accordance with Articles 296 - 297 of the Civil Code of the Russian Federation, based on their strictly
INTERNATIONAL SCIENTIFIC JOURNAL "INNOVATIVE SCIENCE" No. 05/2017 ISSN 2410-6070_
target legal capacity." In this regard, state-owned enterprises bear full liability for debts within the limits of their property, and not just Money in contrast to other subjects of operational management law, which, in particular, gives grounds to consider them independent participants in the turnover. However, it is worth noting that institutions and state-owned enterprises have different areas of responsibility and functions indicated in their constituent documents.
In practice, on the territory of the Russian Federation, enterprises of a mixed private-public form have become widespread, where the state owns part of the company’s shares or a controlling stake. In addition, the state, by concluding contractual relations with private sector enterprises, binds these enterprises with corresponding obligations and thereby establishes a relationship of formal subordination with the non-state sector of the economy.
The most common form state entrepreneurship in market countries they are public corporations or joint stock companies with mixed capital. In the Russian Federation, their analogues are a state corporation and a state joint-stock enterprise. State corporation is established federal power and receives a property contribution from the state. An example of a public corporation is the Public Investment Corporation.
In a state-owned joint-stock enterprise, the state owns a controlling stake. Such enterprises are natural monopolies, such as: Gazprom concern, former Russian Open Joint-Stock Company energy and electrification and others. The state can act as a majority shareholder without owning a controlling stake, for example, AvtoVAZ joint stock company, but having the right to appoint the head of a business entity.
The state may unite unitary enterprises and other state business entities into various shapes associations (associations, concerns and others). Large associations are created to implement strategic government programs and development of priority sectors of the economy. Such associations are, for example, natural state monopolies. Also, unitary enterprises can also be part of financial and industrial groups.
Let us note that the number of state and municipal unitary enterprises has increased sharply, while the number of federal state unitary enterprises is decreasing. This is stated in the conclusion of the Expert Council under the Government of the Russian Federation based on the results of the analysis of the process of reforming unitary enterprises. The Government and the President of the Russian Federation have repeatedly set the task of reducing this ineffective and rudimentary form of state participation in economic activity. For example, labor productivity of employees of unitary enterprises is on average 4.5 times lower than that of employees of organizations of other organizational and legal forms. But this form is convenient for solving operational problems by officials of sectoral federal departments, regional and municipal authorities, despite its opacity, excessive administration costs for taxpayers and Negative influence to competition in local markets. It is difficult for small and medium-sized businesses to compete with a municipal unitary enterprise, which attracts expensive credit funds from banks and incurs costs for expanding the sales market. Unitary enterprises, in turn, receive property from the state free of charge; the demand for their services and products is “guaranteed” by municipal orders placed.
In order to formulate proposals for the Government of the Russian Federation, members of the Expert Council under the Government analyzed the implementation of the state program “Federal Property Management”, approved at the federal level in 2014, according to which the privatization (corporation, transformation into another legal form or liquidation) of all federal state unitary enterprises in Russia should be completed by 2018. However, an analysis of the registration of rights by unitary enterprises to their property and preparations for corporatization, carried out by the Federal Property Management Agency together with experts, showed that there is a risk of violating the deadlines for the liquidation of federal state unitary enterprises.
To successfully complete the process of reforming federal state unitary enterprises, the Expert Council under the Government
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offers two possible scenarios. The basic scenario involves strengthening control over the implementation of the state program, which involves the complete liquidation of federal state unitary enterprises by 2018 (primarily through the establishment of specific schedules for each enterprise and the personal responsibility of the heads of the federal executive authorities supervising these federal state unitary enterprises for their implementation with a regular, quarterly consolidated progress report implementation to the Government of the Russian Federation), and a recommendation to the constituent entities of the Russian Federation and municipalities to adopt similar programs. At the same time, presidential decrees establishing performance targets for regional heads must include an additional key performance indicator for regional heads.
The second, more intensive scenario involves the recognition of legislative acts on unitary enterprises based on the right of economic management as repealed from a certain date, for example from January 1, 2018. The main risks of such a scenario are the continuing possibility of theft and loss of property and loss of control in certain socially significant industries or in local markets. However, if this scenario is chosen, before this date it will be possible to implement measures aimed at accounting for property rights and transforming unitary enterprises into business societies or institutions where the owner is the state or a commercial organization, in order to eliminate the administrative burden, experts point out. In addition, various regulatory and law enforcement agencies can and will need to be involved in the implementation of such a scenario. List of used literature:
1. Civil Code of the Russian Federation (part one) dated November 30, 1994 No. 51-FZ (as amended on March 28, 2017).
2. Kolobova E.Yu. Methodology for analyzing the competitiveness of film exhibition business entities // St. Petersburg Economic Journal: scientific and practical peer-reviewed journal, 2015. -No. 2. - S. C 7480.
3. Kolobova E.Yu. Features of management of state unitary enterprises // Scientific transformations in the era of globalization: collection of articles of the International Scientific and Practical Conference (May 20, 2016, Kurgan). At 4 hours. Part 1 / - Ufa: AETERNA, 2016. - 334 p. From 122-125.
4. Decree of the Government of the Russian Federation dated 09.09.1999 No. 1024 “On the Concept of State Property Management and Privatization in the Russian Federation” (as amended on 29.11.2000).
5. Decree of the Government of the Russian Federation dated December 6, 1999 No. 1348 “On federal state unitary enterprises based on the right of economic management.”
6. Reform of unitary enterprises: problems and proposals [Electronic resource] URL: http://open.gov.ru/events/5514748/ (access date: 04/06/2016).
7. Sukhanov E.A. Legal form economic relations. Methodological problems of jurisprudence // System “Consultant Plus” [Electronic resource]. URL: http://www.consultant.ru/sys/
8. the federal law dated November 14, 2002 No. 161-FZ “On State and Municipal Unitary Enterprises” (as amended on May 23, 2016).
© Kolobova E Yu., 2017
E.Yu.Kolobova, Ph.D.
St. Petersburg state institute cinema and television
St. Petersburg, Russian Federation
ANALYSIS OF THE ACTIVITY OF A LOCAL TV CHANNEL
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The article discusses the features of the analysis of a local TV channel in modern conditions. Author
