State-owned enterprises are part of the state. These are enterprises belonging to the "treasury" of the state.
State-owned factories, plants or farms necessarily fall under public administration. This concerns very many issues, such as financial incentives for employees, pricing policy, directive planning, etc.
State-owned enterprises must enter into contracts with organizations for the supply of goods that cover the needs of the state. They have no right to refuse it. In turn, the state must also fulfill its obligations, and in particular: protect the enterprise from bankruptcy, provide benefits for public procurement, help with financing, etc.
There is no need to talk about the high economic efficiency of such enterprises, even though they operate under the onslaught of strict disciplinary responsibility. In fact, they are organizations that have been squeezed out of the market system of entrepreneurship and, in fact, are only budgetary ones.
A certain part of the state budget goes to the cost of maintaining state-owned enterprises. And this automatically leads to the fact that certain control systems are applied to them. Moreover, the number of state-owned enterprises is reduced to a reasonable minimum.
AT different countries the experience of managing such enterprises varies greatly, because the characteristics of each individual country leave their imprints.
If for good example take the experience of France or the United States and transfer it to Russia, it will immediately become clear that it will not take root here. But, there is something that unites the management of state-owned enterprises in all countries. This is government through ministries. Sometimes they are joined by special commissions that function continuously. For example: The United States Atomic Energy Commission (AEC) in the United States existed until 1974. Later, its functions were divided between two other organizations.
In Russia, the decision to create a factory or plant on the basis of a liquidated federal state-owned enterprise is made by the Government of the Russian Federation. This is due to the entry into force of Decree of the President of the Russian Federation No. 1003 of May 23, 1994 "On the reform of state enterprises."
The activities of a state-owned enterprise are managed by the executive authority that approved the charter. However, the direct manager, for example, of a plant, has some independence, and is not just an appendage to the state apparatus.
In connection with this distribution of managerial functions, state-owned enterprises should observe such trends as:
the presence of a competitive system for the selection of personnel occupying the highest positions;
use of the system of independent expert evaluation;
making important decisions should be collegial;
The formation of a committee, council or commission for the management of state-owned enterprises takes place under an industry body. This is the most effective option, since the formation of such a body in the system of the State Property Committee does not provide knowledge of the distinctive features of production. The commission should include more than 50% of independent and impartial specialists. These should be financiers, economists, lawyers, representatives State Committee RF for Industrial Policy, representatives of the State Committee for Antimonopoly Policy, etc.
State-owned enterprises must be located at the place of their state registration. Each of them must have a postal address. In the event of a change of address, the enterprise is obliged to notify the authority dealing with state registration legal entities.
State-owned enterprises are required to have a full corporate name, which includes the words “state-owned enterprise”, “municipal state-owned enterprise” or “federal state-owned enterprise”, and also indicates the owner of the property. It can be a subject of the Russian Federation, a municipality, or the Russian Federation.
The legal activity of all state institutions is determined by Law No. 161-F3.
The current legislation of the Russian Federation defines two types of unitary enterprises:
- Having the right of independent economic management.
- Having the right of operational management, or government.
State-owned enterprises are intended to be engaged in the production of limited-traffic products related to military needs, as well as products for the needs of federal and public organizations, ensuring the country's security and its strategic interests. Their activities are combined with active commercial activities, although they have very limited rights to property that has been transferred by the founding owner.
Differences of state-owned enterprises
A state-owned enterprise carries out its activities on the basis of an estimate of income and expenses approved by the owner. This requires a strictly targeted, and not independent, as in a simple unitary enterprise, the nature of the use of existing property. He is informed of the orders of the owner, which must be fulfilled, it can be the supply of goods, the provision of various services or the performance of work that ensures the activities of state and municipal bodies. The founder has the right to seize excess and unused property, and if it is not used for its intended purpose.
Legal responsibility of state-owned enterprises
Since state-owned enterprises do not have their own property, the founders bear full subsidiary liability for their debts, this does not happen with unitary enterprises (except in cases of their bankruptcy). It is not possible to declare bankruptcy of a state-owned enterprise, which cannot be said about a unitary enterprise, which may become bankrupt. From commercial enterprises state-owned enterprises are distinguished by the absence of an authorized fund.
Only the owner has the right to allocate his property for maintenance economic activity, only he can decide issues related to a decrease or increase in the size of the fund. Not so long ago, state-owned enterprises could be created on the basis of existing federal property and were supposed to meet federal needs. Adopted Law on unitary enterprises allows other owners to create these enterprises, which contributes to an increase in their number.
Property of state enterprises
Unitary enterprises differ primarily scope of powers regarding property, which they are endowed by the founders-owners, because the right in relation to the operational management of a state-owned enterprise has a narrower scope in relation to its content, thereby differing from a simple unitary enterprise with the right of economic management. Therefore, the commission of transactions by a state-owned enterprise regarding the disposal of property is impossible without obtaining the consent of the owner.
By whom and why are state-owned enterprises created?
State-owned enterprises are engaged in the production of products, the provision of services, various works. They carry out commercial and economic activities on the basis of budgetary funds allocated by the federal treasury. Unitary enterprises are created by the Government of the Russian Federation, they are formed on the basis of existing property, which is federal property. The government also approves the Charter of the enterprise, which is its main founding document.
State-owned enterprises are designed to solve specific problems, and are most often created on the basis of reorganized federal enterprises. They retain all the norms of labor legislation that prohibit cutting jobs, transferring property to other organizations, dismissing employees and refusing to hire employees of a reorganized enterprise. Only the owner has the right to alienate and dispose of the property assigned to the enterprise.
Management of unitary enterprises
State-owned enterprises can be created only on the basis of a decision of the Government, and unitary enterprises with the right of economic management are created on the basis of decisions of state structures authorized for these actions, this right is also granted to bodies local government. This is the main and distinctive feature rights for economic management and operational management of these enterprises. The state-owned enterprise is managed by a director appointed by a federal body of the Russian government.
There is quite a large number of forms of ownership. Unitary and state-owned enterprises are both important for economic life and little known to the general public. Therefore, within the framework of this article, this defect will be corrected.
general information
The state-owned enterprise is government activities. What is its feature? The point here is that they belong to the "treasury" of the state. This means that these firms fall under the control of the government. Indirectly or directly, it can affect a very large number of issues, including: pricing policy, financial incentives for employees, directive planning and other points.
The state enterprise is engaged in the fact that it concludes contracts with various organizations regarding the supply of goods that cover the needs of the state. The latter provides them with financial assistance, benefits in public procurement, protection against bankruptcy, and much more. Despite the fact that the state-owned enterprise operates under conditions of strict disciplinary responsibility (theoretically), it is not necessary to talk about its economic efficiency. In fact, as a rule, such firms are forced out of the market system. They are budget entities economic activity.
Practical implementation
How does a state-owned enterprise work? Initially, it should be noted that a fairly significant part of the budget goes to support such organizations. The effectiveness of the use of funds largely depends on the management system used. Now there is a tendency to reduce the number of this type of economic entities to a reasonable minimum.
Realities of the Russian Federation
The legislative base in our country is the law “On the Reform of State Enterprises”. The subject of economic activity is managed by the authority that approved the composition. At the same time, it should be noted that the direct head of an institution or enterprise still has a certain independence. Therefore, it cannot be called an appendage to the state apparatus.
So, a typical federal state-owned enterprise has preferences. For example, it uses a competitive system for selecting personnel for the highest positions. In addition, an independent expert evaluation of activities is used here, and important decisions often taken collectively. Under the sectoral body, a council, committee or management commission is also created. This is the most effective approach due to the fact that it allows you to save on organizational costs and at the same time control the activities of the entity being created.
What else?
It is stipulated that such subjects of economic activity should have in their name the words: “federal” or “municipal state-owned enterprise”. In addition, there must be an indication of the owner of the property. Such firms must be located at the place of their state registration.
Also, each state-owned enterprise must have a postal address. If it changes, then you should notify the body that deals with the state registration of legal entities. Management of state-owned enterprises can be carried out on the very high level if they produce products of extreme importance. It should also be noted the differences that exist within the considered group of economic entities.
unitary enterprise
What is the feature here? This is the name of the federal state-owned enterprise, which is based on its legal status is quite specific. So, on the one hand, it was created in order to perform certain work, provide services, produce products, that is, perform commercial activity. On the other hand, economic activity can be carried out through the use of budgetary funds, which are allocated by the federal treasury.
Thus, a unitary enterprise is a specific legal entity that occupies an intermediate position between a non-profit organization. Truth to prevent abuse in this case such a subject of economic activity can be created only by decision of the government of the Russian Federation. And only on the basis of property that is in federal ownership.
Federal state factories
Let's take another look at this. Federal state-owned factories are created to solve specific problems (for example, the production of tanks). They can also be reorganized on the basis of existing capacities. In the latter case, it is prohibited by law to reduce the number of jobs and refuse to accept employees who were here before the changes. It also cannot be transferred to others. At the same time, the legislation stipulates that it can be alienated only with the consent of the governing body that initiated the creation of a public institution. Also, the latter must:
- Provide reports in accordance with established forms.
- The head is personally responsible for the result of the economic activity of the subject of the economy headed by him.
- Federal funds must be used exclusively for their intended purpose.
- The types of activities are discussed, as well as the procedure for distributing the profits received.
Specificity
If we talk about the direct management of a state-owned enterprise, then this task is entrusted to the director. It operates on the principle of unity of command. Only he can appoint and dismiss him from his post. federal agency government, which was involved in the approval of its composition. At the same time, the Russian Federation bears subsidiary liability for the obligations of such a subject of economic activity.
In other words, the state assumes all the risks that arise in connection with the activities of the enterprise. AT additional order The Russian Federation is responsible for his debts with its property. And this means that due to the activities of one enterprise, it can be recovered. It should also be noted that reorganization and liquidation can only be carried out by the government of the Russian Federation.
Examples of state-owned enterprises
Where are such structures involved? For what specific purposes are they created? Usually, the state deploys its activities in those areas that are of strategic importance for its existence or simply do not interest investors, but are important.
An example is the field of space exploration. There is only one private company on the entire planet that builds spaceships. The bulk of all the work is carried out precisely by state or allied (when several countries are united) structures. Alas, there is no need to talk about getting significant quick profits here. Therefore, for most entrepreneurs, this area is not of interest.
Of the strategic sectors, agriculture and the defense industry should be noted. Satisfaction of the most basic needs of the country's population depends on the first. And in cases of interruptions in the supply of food products, it will be possible to confidently speak of the approach of famine and human losses. Therefore, agriculture is supported by all states that are even a little worried about their security. Here, not only large enterprises are being created and there are harsh conditions, but various stimulating support is also provided. At the same time, the defense industry is concentrated almost entirely on state-owned enterprises so that in the event of a conflict, the enemy could not undermine the supply of the army through economic sabotage.
Conclusion
As you can see, state-owned state-owned enterprises are quite important in maintaining the country's activities. In case of famine, a state reserve has been organized - a special structure that is engaged in the formation of a supply of food. And similar examples you can bring a large number. Although almost all attention was paid to the Russian Federation within the framework of the article, other states also act in a similar way.
The question here is only what attention is paid to this aspect. Thus, an indicator of the activity of the proposed purchases of oil in the world is the strategic reserve of this resource in the United States of America. The norm is the state when there are more than 600 million barrels. If the indicator is less than this number, a new major player will enter the market and buy it in bulk.
Among the legal entities registered and operating in accordance with the procedure established by law on the territory of the Russian Federation, there are entities that have a special, specific legal status. These include, in particular, state-owned enterprises. Let's take a look at their specifics.
general characteristics
A state-owned unitary enterprise is a legal entity that carries out operational management of the material assets entrusted to it. In legal publications, it is also called a business institution. On the one hand, a state-owned enterprise - this is explained by the purpose of its creation. It is formed primarily for the provision of certain services, the production of works or the production of products. Together with that most of operating costs are covered from the budget. In addition, state authorities act as the main customers.
Specificity
State institutions and enterprises have much in common. First of all, they are united by the inability to dispose of (own) the material values assigned to them. At its core, a state-owned enterprise is one of the forms for the state power to implement its functions. A similar conclusion can be drawn for institutions. However, the difference between these entities is that they are formed in various fields. In particular, institutions are being created in the scientific, educational, cultural sectors, in the field of social protection, healthcare, physical education, sports, and employment of citizens. A state-owned enterprise is, first of all, a participant in industrial activity. It is created, for example, for the production of defense or other strategic products. At the same time, a state-owned enterprise is considered commercial, while an institution is not.
Legal status
As noted above, the property right of a state-owned enterprise is the right of operational management. Accordingly, it is impossible to form it on the basis of the combination of material values attributed to the property of the Russian Federation, regions or the Moscow Region. A federal state enterprise is a legal entity with one founder. It is he who may own the material values entrusted to operational management.
Normative base
From January 1, 1995, until the entry into force of Federal Law No. 161, the foundations of the legal status of state-owned enterprises were regulated exclusively by the Civil Code. This provision is specified by Article 6 (in clause 6) of Federal Law No. 52, which put the first part of the Code into effect. It established that enterprises established prior to the official publication of part 1 of the Civil Code and operating on the basis of the right of economic management and operational management are subject to the relevant norms. Along with this, Art. 113 of the Code provided that the legal status of the legal entities in question is determined not only by the provisions of the Civil Code, but also by a special law. This normative act, however, was adopted only on November 14, 2002. This, in particular, is about Federal Law No. 161.
Additions and amendments
According to Art. 37 of Federal Law No. 161, all state-owned enterprises had to bring their charters in line with the law. At the same time, a period was set until July 1, 2003. In Federal Law No. 161, some provisions of the Civil Code were specified, regulating the rules by which a state-owned enterprise is created and operates. This, in particular, affected Articles 48-65 of the Code, as well as Art. 113-115. In addition, the law prohibited the formation of subsidiaries by the legal entities in question. Article 115 has undergone the most significant changes. In accordance with the innovations, a legal entity can now be created not only on the basis of state property. This provision allows today to form a municipal state-owned enterprise. This innovation removed the restrictions that existed before. In particular, before the adoption of the law, the legal entities in question could be formed by government decree and exclusively on the basis of state property. Accordingly, the adopted statutes had to be approved by the highest executive body. At the same time, subsidiary liability for obligations was assigned to the Russian Federation. Liquidation and reorganization of legal entities were carried out only by decision of the government.
Key requirements of the law
The property of a state-owned enterprise is considered indivisible. It cannot be distributed among shares, shares (deposits), including between employees. A state-owned enterprise is a legal entity that can from own name acquire and exercise legal rights (property and personal), act as a defendant / plaintiff in court. The legislation prescribes to have an independent balance sheet. The full name must include the phrase "State Treasury Enterprise". This requirement applies only to legal entities established on the basis of state property. Accordingly, the names of entities formed in the MO must contain an indication of the territorial affiliation ("municipal state enterprise"). The name must also contain information about the owner (RF, region or MO). The seal of the legal entity must contain the full name in Russian, an indication of the location. It may also contain names in other (folk or foreign) languages. The location of the enterprise is determined by the address of its state registration. The details must indicate the postal code, locality, street, house / building, room number (if any). In the event of a change in information about the location, the enterprise sends a corresponding notification to the body authorized to carry out state registration of legal entities.
Nuances
It should be noted that no other laws, except for the Civil Code and Federal Law No. 161, determine legal status government enterprise. This norm is directly enshrined in Article 113 (in paragraph 6) of the Code. As for the obligations and rights of the owners of material assets entrusted to a state-owned enterprise, the procedure for reorganization and liquidation, the legislation does not establish restrictions on regulating them by other legal documents. For example, the procedure for the formation and management of the activities of state institutions is determined by government decree.
Type of ownership
Continuing the analysis of the regulations governing the activities of state-owned enterprises, we can draw a certain analogy with the legal status of institutions. The first classification criterion is the form of ownership. It is the same for all state unitary enterprises (including those created in the Moscow Region) and institutions. This common feature indicates the unity of the goals of the formation of these legal entities. Both institutions and enterprises implement federal interests, which determines the features of regulatory regulation.
Founders
In the composition of owners for state institutions and enterprises, a general restriction is provided. First of all, as mentioned above, the founder must be one. As it, in accordance with regulatory requirements, either the Moscow Region, or the Russian Federation, or the region can act.
Scope of legal options
According to this criterion, legal entities are classified depending on the range of rights they are vested with in relation to the property entrusted to them. When a subject is formed, certain legal capabilities must be transferred to it. Property rights are necessary for the implementation of normal independent activity according to the purpose of creation. These material values, as well as objects acquired in the course of work, become (according to general rule) property of the subject. State-owned institutions and enterprises are an exception to this provision. The owner, by transferring material values to them, provides legal opportunities with some restrictions. In particular, the subjects have the right to exercise operational management. Pri remains the main owner of material assets. This means that the enterprise can dispose of the entrusted property only with its consent. This equally applies to legal entities established by order of the territorial authorities.
Owner
According to Art. 20 of the Federal Law No. 161, the powers of the legal owner of the property transferred to the federal state enterprise, in matters of creation, liquidation, reorganization, are exercised by the government. Other legal possibilities are implemented both by the Supreme Executive Institute of Power and other state structures. Since December 1, 2007, the state corporation Rosatom has also been granted the powers of the owner. The rules governing the procedure for the implementation of the transferred legal opportunities by it are established by Federal Law No. 317. An appropriate addition was made to Law No. 161. From the municipality, material assets transferred to a state-owned enterprise are implemented by local authorities within their competence. The range of their legal possibilities is determined regulations governing the status of these institutions.
A state-owned enterprise is considered to be a state entity of economic activity, which is based on the right of operational management on the basis of property owned by the state. Main founding document- its charter, which is approved by the Government of the Russian Federation. The firm name of such an enterprise must indicate that it is a state enterprise.
A federal state-owned enterprise is owned by the state or a constituent entity of the Russian Federation.
With regard to the property assigned to such an enterprise, it may exercise the rights of use, possession and disposal, but within the limits established by the laws of the state and which correspond to the goals of any of its activities and the purpose of such property. The owner of the property, which is assigned to a state-owned unitary enterprise, has the right to dispose of it at his own discretion. A state-owned enterprise may alienate such property or dispose of it in some other way only with the consent of its owner.
The state bears subsidiary liability in case of shortage of property. This type of institution is based on the right of operational management.
The owner of all the property of a state-owned organization, among other things, determines the procedure for the necessary distribution of the enterprise's income. A state-owned enterprise may be liquidated or reorganized only in accordance with the decision of the Government of the Russian Federation.
Creation of state-owned enterprises
A state-owned enterprise is the type of institution that can be created on the basis of a liquidated state-owned enterprise. This applies to completely different industries. state economy. However, there are predominant sectors here, which include agriculture and industry.
In order for a state enterprise to be created on the basis of a liquidated enterprise, it must meet several mandatory criteria:
- It is an enterprise that operates only for state institutions.
- The state is the main consumer of the products of this organization.
- The enterprise is one of those that are prohibited by law from privatization.
According to Art. 296 of the Civil Code of the Russian Federation, a state-owned enterprise may be liquidated if:
- The funds allocated to him from the federal budget were used for other purposes.
- There is no profit from the activities of such an enterprise.
- There was a disposal of real estate without the permission of the authorized state body.
The formation of a state-owned organization on the basis of a liquidated enterprise gives rise to the emergence of succession, according to which the new enterprise is the direct successor of the old one. This means that it is responsible for all its obligations, even those that arose even before the onset of such a right.
Status of a government institution
The legal status of a state unitary enterprise is divided into the following types:
- determining the general status;
- establishing the legal regime of ownership;
- regulating the activities of the organization;
- determining the competence of all management bodies;
- establishing the procedure for reorganization or liquidation of a state-owned enterprise.
Legal status of state-owned enterprises
The legal status of a state-owned state-owned enterprise means that the enterprise is a legal entity and at the same time has the right to have a bank account with it. This implies that state-owned enterprises are a kind of commercial organizations that have a company name that is created from the moment of state registration of this enterprise. The right to such a name is a personal non-property right that no one should use without the consent of its owner. In cases where this right is violated, the enterprise may seek compensation for damages incurred as a result of the illegal use of its trade name.
In addition, state-owned organizations have the right, in accordance with Art. 296 of the Civil Code of the Russian Federation, for a service mark and a trademark, which is also his personal non-property right. These rights, as already indicated, are granted to a state-owned enterprise from the moment of state registration and remain with it for ten years, after which they can be extended for the same period. If the rights to a trademark are violated, they are protected in the same way as the rights to a trade name.
All with government permission
A state-owned enterprise is an economic institution, that is, a commercial organization that independently bears responsibility for all its obligations. However, it is not the owner of the property assigned to it.
Since state-owned enterprises are considered legal entities, they have the right to carry out any activity related to the performance of work, the production of products, or the provision of any services. The volume of such activities is determined by the government of the Russian Federation.
Legal regime of property at the disposal of a state-owned enterprise
The state is the owner of all types of property owned by state-owned enterprises.
However, the institution has been granted the right to manage this property and dispose of it in accordance with its goals and tasks assigned to it. The state may withdraw from him a part of the property that the enterprise is not using or is not used for its intended purpose. A state-owned enterprise has no right to alienate such property or dispose of it in any other way without the consent of the state. To sell their products is his main right.
The property base of a state-owned organization is, as a rule, the property that could remain after the liquidation of the enterprise on the basis of which it was created. All other property resources are its independent acquisition as a result of its commercial activities.
The activities of state-owned enterprises and the implementation of its organization
The activity is carried out by a state organization on the basis of its rights as legal entity, and its goal is the fulfillment by this enterprise of its tasks in production, services, etc. The main issue here is how exactly the profit received as a result of the activities of a state institution is distributed. This issue is resolved according to the specifics of the activity of a particular enterprise and on the basis of its financing. The options for how the profit is distributed can be different: either it remains with the organization in full and goes to the further development of its activities, or it is partially transferred to the state budget.
All the main issues related to the organization of the activities of a state-owned enterprise are decided by the Government of the Russian Federation, for example, they set prices for products, and when obtaining loans, the main thing that is needed is a guarantee from the Government of the Russian Federation.
Governing bodies
The main governing bodies of a state-owned enterprise are the director and his deputies. The director of the enterprise must act on the principles of unity of command, since he is appointed and approved for this position by the Government of the Russian Federation. Its purview is to represent different areas activity the interests of the state-owned enterprise. He is also dismissed from his post by decision of the Government of the Russian Federation.
Reorganization or liquidation of a state-owned enterprise
A state-owned enterprise is the type of organization whose activities can be terminated on the same grounds as the activities of all commercial organizations. This can happen through the liquidation of the enterprise, or reorganization, which is carried out, in turn, in various forms- joining, merging, separating, separating. However, there is one difference here - the legal status of a state-owned enterprise is preserved during its reorganization.
Examples of state-owned enterprises
The main example that can be given here is the field of space exploration. There is only one company in the world that builds spaceships. The main part of the entire work of this enterprise is carried out by government agencies.
More simple examples are enterprises operating in the field of Agriculture, the defense industry, etc. That is, these are the branches of production that must satisfy the basic, even vital, needs of the state and its population, so it is actively involved in their development and financing.
Decisions on any form of transformation of a federal state-owned enterprise are taken by the Government of the Russian Federation.
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