Moscow Financial and Industrial University "Synergy. Legal forms of public organization of entrepreneurship

Performing complex functions for regulating market relations can be effective in the case when in hand states Powerful economic control levers are concentrated when it is economically strong.
In economic activities Capitalist states Private capital occupies a leading place. However, an important role in the economy plays and state own. It applies to land, forests and other natural resources that are not involved in the economic turnover, and many enterprises. In share state The property in many developed countries accounts for 20 - 25% of the national heritage.
Throughout the twentieth century, immediately entrepreneurial activity of the state acquired increasing importance state Sector in the economy. In developed countries in enterprises owned state It is made from one fifth to a third of the gross national product. Sphere state manufacturing activities It has long been outside the mail-parcel service, telegraph, urban and railway transport. States assigned programs for the development of atomic energy, electronic industry, the creation of a computer, the eloction of space. Share states National income was approaching 40% instead of 5 - 10% at the beginning of the century. Public investments in the economy in individual countries have achieved huge sizes: in Sweden - to 1/4, Italy and the United Kingdom - up to 1/3, in Austria and France - over 40% of the total capital investment. Almost for funds states Fundamental scientific research is underway.
Having finance, states Speakers in relation to the private sector as a customer for the production of products and at the same time its buyer, which gives op-delicate stability to the market. Government spending on goods and services increase faster than national income. So, in the USA by the beginning of the 1990s. They approached 1 trillion. dollars instead of $ 9 billion in 1929 (procurement of weapons, construction of motorways, postal institutions, payments for teachers, judges, firefighters, etc.). In addition to the acquisition of goods and services state Makes payments that redistribute revenues received from taxpayers, specific segments of the population in the form of unemployment benefits, social insurance payments and social security. Height state Expenditures, along with other measures, allows for relevant structural policies, to form such production structures that meet the requirements of scientific and technological progress, to stimulate research and training highly qualified personnel. For the last decades, it became characteristic of the formation of mixed public-private enterprises and corporations with joint stock form.
Problem state The property and its borders are increasingly transformed into the problem of limits and forms. state Control, its ability to really influence the behavior of economic entities. If we proceed from world experience, all the tasks that can and should be resolved at the level of modern states You can reduce:
Ensuring the development of basic industries: energy, metallurgical, fuel industry, stimulating new industries.
Strategic prediction of the development of science and technology, long-term forecasting the development of the economy as a whole, assessing the socio-economic consequences of scientific and technological progress from nationwide positions.
Coordination of the efforts of the Society for the Protection and Environmental Health.
Creation of industrial and social infrastructure: Transport, Communication, Culture, Education, Health.
Developing and providing social guarantees, especially for groups of people who cannot fully engage in socially useful work.
Maintaining in the normal state of the monetary and financial system.
None of the listed tasks can be solved at the level of the enterprise, the corporation, the industries of the economy or the region. This is prerogative exclusively states.

In ensuring the normal functioning of any modern economic system, an important role belongs to the state. The state throughout the history of its existence along with the tasks of maintaining the procedure, legality, organization of national defense, performed certain functions in the field of economics.

State regulation of the economy is important for the economic and social development of the country. At the same time, carrying out regulation of the economy, the state uses a wide range of means and methods of impact on the economy, such as budget, taxes, credit and monetary policy, economic legislation, etc.

In any economic system, including a market economy, the state acts in a certain sense as an economic agent with the right and possibility of coercion, for example in the field of tax policy, state legislation.

State property objects are enterprises that are economically ineffective for private business purposes; industries whose products satisfy the strategic needs of the entire national economy (energy, communication, defense); "Public goods" (roads, ecology, street lighting, etc.). A type of public entrepreneurship should be considered and for commercial lease from the state of natural and production resources.

As a result of entrepreneurship, the state regulates the market economy not only as an external force in relation to it, but also direct participation in production and commercial operations.

State entrepreneurship is not the most effective, it is less efficient than private. Therefore, for world practice it is characteristic that the state is engaged in direct economic activities in those conditions when it is not beneficial for private owners or they are not able to perform it.

In a developed market economy, public entrepreneurship as an integrated set of entrepreneurial organizations perform the following functions: decrees of the President of the Russian Federation. Of May 23, 1994 No. 1003 "On the reform of state enterprises". Dated June 10, 1994 No. 1200 "On some measures to ensure government economy". Dated December 24, 1993 "On approval of the State Program for the Privatization of State and Municipal Enterprises in the Russian Federation". Dated July 1, 1992 N 721 "On organizational measures to transform state enterprises, voluntary associations of state-owned enterprises in joint-stock companies"

general Economic

resource

innovative

organizational

The defining function in the developed economy is a general economic function that is objectively due to the role of entrepreneurial organizations as market entities. Entrepreneurial activity is aimed at the production of goods and bring them to specific consumers. Moreover, entrepreneurial activities are carried out by its subjects under the influence of the entire system of economic laws of the market economy (supply and demand, competition, cost, etc.), which acts as an objective basis for the manifestation of the general economic function. The progressive development of public entrepreneurship is one of the determining conditions for general economic growth, an increase in the volume of gross domestic product and national income, and this acts as an appearance in the system of economic relations of the general economic function.

The most important function of public entrepreneurship is a resource. Entrepreneurship development involves the effective use of both reproducible and limited resources, and under the resources, all material and intangible conditions and factors of production should be understood. Of course, first of all these are labor resources, land and natural resources, all means of production and scientific achievements, as well as entrepreneurial talent. The entrepreneur can achieve the highest success if innovations in the area of \u200b\u200bactivity in which he creates its own business will use highly qualified labor, effectively consume all types of resources. Entrepreneurs are interested in their rational use and at the same time can ruthlessly treat public resources. This is evidenced by the history of the development of entrepreneurship and the history of scientific and technical revolutions, the consequences of which for a person. Entrepreneurship as a new one, the type of antibyurocratic economic economy is characterized by an innovative function associated not only using new ideas in the process of entrepreneurial activities, but also with the development of new tools and factors to achieve their goals. The creative function of entrepreneurship is closely connected with all other functions and is due to the level of economic freedom of business entities, the conditions for making management decisions.

An important function of entrepreneurship is organizational, which is manifested in the adoption by entrepreneurs of an independent decision on the organization of their own business, its diversification, in the introduction of intra-profit entrepreneurship, in the formation of entrepreneurial administration, in the creation of complex business structures, in changing the strategy of the entrepreneurial company. The essence of entrepreneurship is most comprehensively manifested in combining all functions inherent in it, which are objectively peculiar to civilized entrepreneurship, but largely depend on the entities of entrepreneurial activities, from the system of state support and regulation of entrepreneurship.

Throughout the twentieth century, the immediate entrepreneurial activity of the state was formed and expanded, the state sector in the economy was gaining more and more importance. In developed countries, the states belonging to the state from one fifth to a third of the gross national product.

Public Entrepreneurship is carried out in those areas where activities are contrary to the nature of private firms or requires huge investments and risk. The main difference from private entrepreneurship is that the priority goal of public entrepreneurship is not to receive income, but in solving socio-economic tasks, such as: decrees of the President of the Russian Federation. Of May 23, 1994 No. 1003 "On the reform of state enterprises". Dated June 10, 1994 No. 1200 "On some measures to ensure government economy". Dated December 24, 1993 "On approval of the State Program for the Privatization of State and Municipal Enterprises in the Russian Federation". Dated July 1, 1992 N 721 "On organizational measures to transform state enterprises, voluntary associations of state-owned enterprises in joint-stock companies"

ensuring the necessary growth rates,

smoothing cyclic oscillations,

maintain employment,

stimulation of scientific and technological progress, etc.

This form of regulation provides support for low-cost enterprises and industries, which are vital for reproduction. This is, above all, the industry of economic infrastructure: energy, transport, communication.

But not only this, states are mastering programs for the development of atomic energy, radio electronic industry, the creation of a computer, the development of space. Public investments in the economy, in individual countries have achieved huge sizes: in Sweden - to 1/4, Italy and the UK - up to 1/3, in Austria and France - over 40% of the total capital investment. Practically, fundamental scientific studies are underway to the state of state, the state speaks relative to the private sector as a customer for the production of products and at the same time its buyer, which gives certain stability to the market.

The problems solved by public entrepreneurship are also: Busygin A.V. Entrepreneurship: Tutorial - 3rd ed. - M. Business, 2001

providing benefits to the population in various areas of social infrastructure,

helping vital science and capital-intensive sectors of the economy in order to accelerate scientific and technological progress and strengthening the country's position in the world economy on this basis.

conducting regional policies, creating in economically backward regions of industrial enterprises,

increasing the number of jobs

environmental protection by introducing waste-free technologies

construction of wastewater treatment facilities

development of fundamental scientific research

production of goods, which is by law by state monopoly.

State Enterprise, even if apparently ended with the most widely and responsibility, always lags behind the private in the degree of economic independence. The activities of the State Enterprise are probably present both market and non-market, coming from the state, motifs. Political motives of change of change, they depend on the government, ministries orders, etc. Therefore, state-owned enterprises are often in a difficult and unclear environment, which is much more complicated than the market conjuncture.

It is much easier to predict the likely fluctuations in demand and prices than to predict the behavior of a new minister or an official whose decisions are often determined by the fate of the enterprise. They may be political goals that have no relation to market behavior (the desire to increase revenues to the budget, the desire to maintain staff and increase wages, etc.). As a rule, state-owned enterprises are not ready for market rivalry, since they count not only on themselves, but also on a special relationship from the authorities (subsidies, tax breaks, sales guarantees within the framework of state promenes). State enterprises have no obligations to shareholders, they usually do not threaten bankruptcy. All this negatively affects the dynamics of costs and prices, the speed of development of new technologies, quality of the organization of production, etc. Competition in the field of commercial activity is also invalid and because the private sector is drawn into corruption: through a bribe, a government can be achieved by large results than by reducing costs. If the economy is burdened with an overhaul of state enterprises, their employees fall into a difficult position. It is they who become the first victim of government policies aimed at overcoming emergency situations. Usually people working in the public sector are the first to feel salary freezing. Apparently, therefore, the wave of privatization, rushing in the 80s in the economies of Western countries, did not cause wide protests from the main mass of employees in the public sector. People expected that, having freed from state pressure, they would be able to fully utilize the benefits of market economy, to become co-owners of private enterprises.

For the past decades, the formation of mixed public-private enterprises and corporations with joint-stock form has become characteristic.

The problem of state ownership and its borders is increasingly transformed into the problem of limits and forms of state control, its ability to really affect the behavior of economic entities.

If we proceed from world experience, all the tasks that can and should be at the level of the modern state can be reduced to the following: Decrees of the President of the Russian Federation. Of May 23, 1994 No. 1003 "On the reform of state enterprises". Dated June 10, 1994 No. 1200 "On some measures to ensure government economy". Dated December 24, 1993 "On approval of the State Program for the Privatization of State and Municipal Enterprises in the Russian Federation". Dated July 1, 1992 N 721 "On organizational measures to transform state enterprises, voluntary associations of state-owned enterprises in joint-stock companies"

Ensuring the development of basic industries: energy, metallurgical, fuel industry, stimulating new industries.

Strategic forecasting of the development of science and technology, long-term forecasting the development of the economy as a whole, assessing the socio-economic consequences of scientific and technological progress from nationwide positions.

Coordination of the efforts of the Society for the Protection and Environmental Health.

Creation of industrial and social infrastructure: Transport, Communication, Culture, Education, Health.

Developing and providing social guarantees, especially for groups of people who cannot fully engage in socially useful work.

Maintaining in the normal state of the monetary and financial system.

None of the listed tasks can be solved at the level of the enterprise, the corporation, the industries of the economy or the region. It is prerogative exclusively state.

Speaking about the trends in the development of entrepreneurship, various authors offer their variations aimed at the process of optimizing public and public-private entrepreneurship, the main of them can be indicated.1

a) determine the optimal framework of public entrepreneurship. The experience of countries of both developed and developing shows that private entrepreneurship must be complemented by public entrepreneurship. And the more the country is lagging behind in its economic development, the higher the role of the state as a participant in economic activities designed to contribute to solving the most important economic problems in a nationwide scale. The speech here is to maintain vital for the national economy as a whole industries (industries, services), in which private capital does not go or under sufficient volume due to their high capital intensity, long payback period, high degree of risk, preventing the seizure of foreign capital in industries providing national security of the country by including them in the public or public-private sector.
b) to reorganize the management of state property on the basis of the division of powers between the Mingos property of Russia (which should actually become the main body for managing government property with the exception of state unitary enterprises) and industry ministries (departments and other authorized state, including under the contract, bodies ) designed to implement the strategic management of state unitary enterprises;
c) establish public control over effective consumption of public funds, as well as the use of state property;
d) to attract local governments, trade unions, consumer societies, etc. to manage state property.
e) develop a unified register of state ownership, both in the territory of the Russian Federation and abroad. In this registry, the state of state ownership objects, taking into account their depreciation and the physical condition, finding this property in leases, pledge, trust management, the conditions of relevant contracts, regularity and completeness of fees for the use of property;
e) introduce a mandatory state audit;
and) streamline the mechanism of management of state property transferred to economic management or operational management, on the basis of accounting for the peculiarities of management in the commercial and non-commercial public sectors of the economy;
k) Clearly divide all joint-stock companies with state participation into two groups:

Joint-stock companies, the state package of shares of which it is advisable to implement in the near future (within a year) by selling it. In this case, the efforts of state bodies should be aimed at the search for an institutional investor and the growth of the course value of shares. In some cases, it is advisable to go to the pre-sale rehabilitation of joint-stock companies, since the society is on the verge of bankruptcy, it is difficult to rely on the sale of its shares at a high price. Conducting sanitation measures will allow to sell shares at a higher term-term cost. In order to avoid overflowing the stock market, the secondary issuance of shares in these joint-stock companies should not be carried out before the sale of a state package;

Joint-stock companies, the state package of shares of which it is advisable to maintain for a relatively long time. The main goal of state bodies in this case is to ensure the sustainable work of societies, obtaining significant dividends for shares, subject to the direction of the necessary part of the profits on the development and modernization of production, maintaining a stable, moderately growing course value of shares. An important point is to prevent unwanted seizure of control over the joint-stock company by any group of shareholders. For this, the state representative must track the basic transactions with shares of the joint stock company. The representative of the state (in cases where the state has less than 50 percent of the shares) it is advisable to unite for a joint vote on the fundamental to joint stock company with any influential shareholder (by a group of shareholders), whose interest (which) is largely coincided with the interest of the state. In some cases, it seems to us, state representatives should raise the issue of increasing the state share in the authorized capital to maintain control over society, important, importance for the Russian economy;

l) Wider practicing the transfer of shares of the joint-stock company with a controlling stake in the state in the confidential management of the direct management of the AO, appointed under the contract after the victory at the entrepreneurial project competition
m) develop new models of entrepreneurial activities of the state based on various forms of combination of public and private ownership, i.e. Development of the economy of mixed type (the creation of public-private holding companies, to manage the activities of technologically related industries in key sectors of the national economy, mixed public-private firms, etc.);
n) introduction on the macro-level level of an indicative (contractual) planning with the establishment of a number of mandatory indicators for state enterprises;

For a mixed economy, a variety of ownership forms is characterized.

In developed countries, along with private property, exists and

state ownership. The proportion of the public sector in developed countries is spilled. He is extremely small in the USA and Japan. "In the European state-owned enterprises produced from 10% to 30% of gross domestic product. They are employed from 4% to 20-25% of the workforce. State enterprises are carried out from 1/6 to 1/3 and even 1/2 gross capital investments in the economy.

Hence, state in modern market economy - This is an entrepreneur, and a major investor, and the organizer of R & D (research and development and development), and the consumer

final products. It directly participates in the production,

distribution, exchange and consumption of goods and services.

In state ownership of the subject of assignment relations,

orders and control acts state.

State ownership occurs in two ways:

The first way, when the state is building new enterprises at the expense of the budget;

The second when the state carries out complete or partial nationalization, acquiring the shares of private enterprises.

As a result, state property is implemented on the following

creation at the expense of the state budget of low-visible enterprises of the infrastructure necessary for the functioning of the entire economy (utilities, energy, transport, communication);

development of some capital industries related to scientific and technical progress (electronics, aviation);

nationalization of unprofitable enterprises (for example, enterprises of the coal industry).

As a result, in the orbit of public entrepreneurship

not only infrastructure producing industry, but also some leading industries are provided.

State enterprises are two species: State

enterprises with the status of a legal entity and state-owned enterprises that are not legal entities. If state enterprises do not possess the status of a legal entity, then they are a division of state bodies and institutions and are on the balance sheet and under the control of government agencies. State enterprises with the status of a legal entity are divided into enterprises of private (commercial) law and public law enterprises.

Private law enterprises - This is usually joint-stock companies. The state in such societies belongs all the shares or their part. In the latter case, mixed (state-private) enterprises are formed.

Private law enterprises - it's legally independent,

economically autonomous enterprises created by special acts of the legislative body (public corporations). Their capital is not divided into shares and is entirely belonging to the state. The activities of state corporations are accountable to parliament, not the government, although through certain forms (appointment of directors, granting subsidies) the government can control their activities. In most countries with a developed market economy, state enterprises are subject to sectoral ministries and are controlled by the Ministry of Finance. In some countries there are special ministries, and in Italy (where the proportion of mixed enterprises is large) they are combined into holding structures.

State enterprises differ from private enterprises

that they are usually dependent on government agencies. Therefore, there is a duality in their activities - a focus not only on the market but also for non-market motifs.

At first, State enterprises unlike privately possesses less competitiveness. Although they work on the principles of self-sufficiency and profitability, but through state administration is made to the market elements of organizedness (work on the state order, sales of products on state solid prices). State enterprises have no obligations to other enterprises, they do not threaten bankruptcies. At the same time, the government controls only certain areas of activity of state-owned enterprises (for example, sales of products), without being able to influence others (for example, to the competitiveness of enterprises)

Secondly, state enterprises enjoy financial

benefits (in taxation, obtaining concessional loans, in freezing debts).

Thirdly, in state-owned enterprises, on the one hand,

somewhat higher salary than in private enterprises, better working conditions. But, on the other hand, the work of state-owned enterprises can be collaborated by the policy of freezing wages, restriction of rights in labor conflicts with the administration (for example, a ban on strike).

Consequently, imposing to state enterprises

non-commercial operations, artificial fence from competition,

guaranteed by the Government of Financial Supports makes often state-owned enterprises less effective in feasibility and financial plan than private enterprises. This is expressed in low productivity, high capital intensity, low profitability, weak susceptibility to innovation, inflated management apparatus and bureaucracy. So in England, the costs of production are not state-owned enterprises by an average of 30%, and in the United States, 20% higher than in private enterprises.

Market economy itself limits the activities of the state, for

some of his actions reduce the effectiveness of state-owned enterprises (policy planning, administrative control over prices) under the functioning of the market mechanism. Therefore, periodically, claims are made to the state, and at the high proportion of the public sector in the economy there is a question about denationalization. Such a picture was observed in all developed Western countries in the 80s, which caused the mass process of privatization.

In this paragraph of the textbook, the basis of the business is considered the final organizational and legal forms of entrepreneurship, provided for by law in force in Russia and based on the participation of the Russian state in the entrepreneurial activity of various legal entities.

Public Entrepreneurship is an important component of the Painting of the Business Business in all countries with a market-oriented economy. Its features in modern Russia are determined by the presence of three circumstances. At first In the Russian Federation, modern government entrepreneurship acts as the continuation of the previous economic relations inherent in the pre-reform Russian (Soviet) economy based on the almost widespread population (nationalization) of enterprises.

Secondly In Russia, as in other countries where market relations are developing, there is an objective need for public entrepreneurship and the existence of the public sector of the economy.

Thirdly In Russia, the traditions of intervention in the economy of government and management bodies, based on the state traditions of Russian officials, believing, as a rule, that it is them and only they are inherent in the right understanding of patterns.

the functioning and development of all aspects of the national economy, including national entrepreneurship.

Fourth , Russia is traditionally strong

state mentality. The wide masses of the population are often experienced more confidence in public entrepreneurship than any organizational legal form of non-state entrepreneurship, especially as a result of numerous fraud facts from various companies based on new Russians, like the activities of the MMM AO MMM described above.

In the past, the state sector who occupied the dominant situation in the USSR economy, indeed, discovered relative inefficiency. In the absence of legal mutual competition, state-owned enterprises were subject to stagnation. The most important thing - state-owned enterprises of the Soviet type under no circumstances could be called full and competitive entrepreneurial firms.

However, an unsuccessful economy experiment should not be perceived as evidence of the fundamental inefficiency of the public sector of the economy or the inefficiency of public entrepreneurship as such.

Worldwide, public entrepreneurship is a contradictory phenomenon. One side , in many countries, the state budget and local budgets often contain free financial resources, which could well be invested in an entrepreneurial business developed directly by the state (or municipal entities) entrepreneurial firms. WITH the other side , in this case, state authorities and management objectively turn out to be in a dual position-organizing the entrepreneurial activities of the firms belonging to them, they are obliged to fulfill the role of the referee of business relations between all entities of the business business, including them created.

To overcome, and subsequently - constantly overcoming the inevitable conflicts of business interests that arise here, between their own - owned by the state (municipalities) entrepreneurial firms and other people - non-state business entities, various approaches are applied in different countries. A common feature of these approaches is to ensure the effectiveness of the functioning of state-owned enterprises.

Such effectiveness it is understood ambiguously. Effective can be recognized

\u003e Use of temporarily free budget resources on the basis of repayment;

\u003e the ability to establish hard control over well-defined entrepreneurial firms from the authorized state executive bodies;

\u003e State subsidization of unprofitable companies to counter the monopolization of the market by other firms;

\u003e State subsidy of unprofitable sectors of the national economy.

When using the second, third and fourth efficiency criteria state entrepreneurship can also be considered as a temporary measure, and as a constant phenomenon. The first of the listed criteria for effectiveness determines the constant need for public entrepreneurship. The need for public entrepreneurship in market-oriented countries is usually combined with the reasonable sufficiency of the state entrepreneurial activity and the availability of public public monitoring of the functioning of public entrepreneurial firms.

In the United States, for example, public entrepreneurship, is essentially absent in the overwhelming majority sectors of the national economy, although the state of the state accounts for about 20% of fixed capital, as well as 40% of the entire land, 42% of all power plants, postal service, 300 with excess television stations And the same - broadcasting. This, however, does not even apply to the largest companies entering the military-industrial complex of this state. These companies are corporations (open joint-stock companies), and the state does not take any participation in them as a shareholder.

In Western European countries, public entrepreneurship is a facility of hard financial and price regulation. It should be noted that state-owned enterprises of the Soviet type, i.e. economic entities working on policy plans in countries with a market oriented economy are essentially no. The closer to this form is the so-called budget (departmental) enterprises , the proportion of which in various countries with a market-oriented economy ranges from zero to 1.5-2% of the total number of enterprises (the exceptions are communication services, shipyards, arsenals). However, these enterprises are deprived and the ability to make an independent business, they have neither legal or economic independence.

According to its position, they enter the system of public administration and are directly subject to the ministry, agency or local government. Cases of direct structural entry into a particular executive authority of this state are not excluded. In addition, these enterprises do not pay taxes on the profit gain, all their income and expenses in disassembly order (without objection from enterprises and without special notice) are listed in the state budget. In the absence of such enterprises in real possibilities of self-disposal of their own profit and property, as well as independent manifestation of care for their own competitiveness, they cannot be considered independent entities of the business business.

Analogue of departmental (budget) enterprises common in Western European countries can be considered the organizational and legal form of Russian

entrepreneurship, which is called state and municipal unitary enterprises.

In the long name of this organizational and legal form, the initial value is unitary . In general, this concept reflects the fact of the belonging of such legal entities to one-sole owner. Unitary enterprise a commercial organization is recognized, which is not entitled to property ownership assigned to it. The property of the unitary enterprise is indivisible and cannot be distributed on deposits, shares, shares and shares between any persons, including the employees of the enterprise.

In the previous chapters of our textbook, we have already paid attention to certain entrepreneurial firms, the ownership of which belonged to one-sole person. The principal distinction of a unitary enterprise from all of the above entities of the business business is that only state and municipal enterprises can be created in the form of unitary enterprises. In turn, the Russian Federation or municipal members of Russia may be the sole owners of only unitary enterprises.

State unitary enterprises created (establish) directly by the authorities by the state represented by their authorized bodies. Such may be government bodies - ministries and departments. Municipal unitary enterprises established by law, local governments.

A special kind of unitary enterprises are unitary state and municipal institutions that carry out activities commonly allocated as non-commercial. Such are, for example, state educational institutions, state research institutes.

The property of the state and municipal unitary enterprise is respectively in state or municipal property and belongs to such an enterprise on the right of economic management or operational management, and unitary enterprises based on the right of operational management can only have a state affiliation. This means that such enterprises are created solely on the basis of the property in federal property, by decision of the Government of the Russian Federation. Such a unitary enterprise is called federal provisional enterprise . Unitary enterprise based on the principle of economic management may establish another unitary

enterprise, called subsidiary , by transferring to him his property in economic management.

Every unitary enterprise is always responsible for its obligations to all owned property. Meanwhile, the owner of the property of the enterprise, created on the right of economic management, is not responsible for the obligations of the unitary enterprise belonging to him, with the exception of the bankruptcy of such an enterprise due to the owner of his property. In these cases, a subsidiary responsibility for its obligations may be assigned to the owner of the property of a unitary enterprise based on the right of economic management. The most famous federal

state unitary enterprises based on the principle of economic management are the enterprise Primexport and the state company ROSVOORAGE.

The owner of the property of a unitary enterprise based on the right of operational management shall be subsidiary responsibility for the obligations of such an enterprise in the insufficiency of its property to fulfill its obligations. At the same time, the unitary enterprise is not responsible for the obligations of the owner of his property.

All unitary enterprises operate in Russia on the basis of their statutes that must contain, besides other, information

About the subject and purpose of activity of the enterprise;

On the size of the authorized capital of the enterprise, the procedure and sources of its formation.

The organizational and legal form of entrepreneurship does not assume availability at business subjects overall legal capacity . Unitary enterprises are not entitled to make transactions contrary to goals and subject to their activities, such transactions are insignificant. At the same time, the legislation of Russia has established activities that can only be carried out exclusively by state-owned enterprises. These are, for example, the production of weapons and ammunition, narcotic and nuclear substances, the processing of radioactive elements and precious metals.

Russian legislation does not prohibit unitary enterprises to make their own business, it does not necessarily coincide with the interests of a specific Cabinet of Ministers. Therefore, the state prefers not to respond to the obligations of such enterprises (except for federal state enterprises). At the same time, the state does not imply limit its proprietary powers, the real right to the property of such an enterprise.

Organ unitary enterprise he is the leader who is appointed by the owner of a unitary enterprise, or by the authority authorized by the owner, and they are accountable. The unitary enterprise is possible, of course, collegial executive bodies, and collegial advisory bodies (colleges, scientific councils, scientific councils, art councils, etc.), but it is important that the owner of a unitary enterprise is building its relationship with the named enterprise exclusively through fully accountable to him sole supervisor .

Tired unitary enterprise as well approved commissioner at that state body or body of local self-government, with the exception of the charters of subsidiary unitary enterprises, which are approved by their founders. The charter of the federal state enterprise is approved exclusively by the Government of the Russian Federation. The owner of the unitary enterprise is obliged to also form statutory fund this enterprise, with the help of which the company could start their own activity and fully pay it to the state registration of such an enterprise. The minimum size of the authorized fund of the unitary enterprise is 1000 RMMS.

The limited independence of unitary enterprises led to the specific name of this organizational and legal form of entrepreneurship. This is the only form called enterprise . The company name of the unitary enterprise should always contain an indication of the owner of its property, and the company name of an enterprise based on the right of operational management should contain an indication that this enterprise is government.

Along with unitary enterprises, the analogue of which is called in countries with a market-oriented economy by the budget (departmental) enterprise, and other forms of public entrepreneurship are developing in these countries, which sometimes turn out to be very effective. Moreover, public entrepreneurship develops in these countries, as a rule, not in the form of departmental enterprises. Greater (public) corporations and joint-stock companies with mixed capital received greater distribution.

The most common organizational and legal form of public entrepreneurship is the worldwide public corporation. Under public Corporation (from English public Corporation. - Literally: Public Corporation; The state sector of the economy is usually interpreted in English-speaking countries. As a sector of the public economy - in contrast to the private sector) means the specific type of joint-stock company. This specificity is that such corporations are always created on the basis of government decrees in the form of joint-stock companies, all the shares of which belong to the state. One hundred percent ownership of public corporations allows the state if necessary, financing the activities of such corporations on the basis of the return of allocated resources. The degree of risk of such operations for the state is usually balanced by the possibility of centrally monitored

the activities of public corporations on a systematic basis.

As a rule, such joint-stock corporations are not included in the system of government bodies, they only coordinate with them plans for their activities and submit reports to monitor their activities by the authorized state bodies. The sole leaders of public corporations are appointed by the state, however, neither they themselves nor the rest of the personnel are considered civil servants. If necessary, the Public Corporation can be easily transformed into a mixed joint stock company.

In some developed market-oriented countries, public corporations are sectoral leaders among the largest industrial firms (for example, Renault and Elf-Akiten in France, Iry and Eni in Italy).

There are no public corporations in Russia. There is, however, the organizational and legal form of entrepreneurship, whose name is very similar to a public corporation, namely the State Corporation. State Corporation the non-commercial organization established by the Russian Federation on the basis of a property contribution is recognized as a non-commercial contribution, which becomes the property of the State Corporation.

The Federal Law of Russia on non-profit organizations, unfortunately, does not contain instructions on the nature of the relationship between the state and the State Corporation and on the procedure for managing the state corporation. It contains only a record of the absence of the need to compile any constituent documents of the State Corporation like the constituent documents of other legal entities, and also provides that the State Corporation does not respond to the obligations of the Russian Federation, and the Russian Federation does not respond to the obligations of the State Corporation.

The State Corporation is a very exotic organizational and legal form of entrepreneurship, this form is currently represented by the State Investment Corporation (GOSINKOR), operating in Russia since 1993.

The most important thing is that, being a non-profit organization, the state corporation cannot be at the same time with a joint-stock company, since any JSC, together with other economic societies, is interpreted by Russian

legislation exclusively as commercial organizations. Thus, the promising corporate name of this kind of business entities does not receive proper development in the content of this kind of legal entities.

Meanwhile, it is in Russia that the most strong traditions of state joint-stock entrepreneurship exist. For a long, centuries-old history of joint-stock business in Russia, either government officials or the Russian state itself were the most famous, authoritative and responsible shareholders. The first Russian joint-stock companies, established as we remember, during the times of Peter the Great, as a rule, consisted exclusively from sovereign servants. It is important to emphasize that the participation of the state in the activities of the joint-stock entrepreneurial company as a shareholder who owns all AO shares is an organizational and legal form, more efficient than a unitary enterprise.

State joint stock entrepreneurship pretty widely presented in countries with a market-oriented economy, primarily in sectors of particular importance for the economy of these countries, or in industries requiring large investments. In these industries, private firms, limited liability companies or non-governmental corporations may not always provide a sufficient profit rate for expanded reproduction without constant to attract state budget resources on the basis of repayment.

In Russia, state shareholding is represented, as a rule, in the forms of state participation as a majority shareholder who owns control packages of shares, in a number of major joint-stock companies, many of which are so-called natural monopolies. These are entrepreneurial firms in certain mining sectors of the economy (Concern Gazprom, JSC Slavneft, JSC LUKOIL) in the electric power industry (RAO Unified Energy Systems of Russia), in the field of information business (television company VGTRK), in the field of jewelry business (JSC Almazyuvirexport). In some joint-stock companies, the Russian state is a majority shareholder who does not have a controlling stake in AvtoVAZ, WA Avtoexport).

Such approaches to the participation of the state in the activities of joint-stock companies are widely represented abroad - in participation in the so-called mixed joint-stock companies (Companies with mixed capital). In some countries, any joint-stock companies with state capital are automatically referred to the public sector of the economy (United Kingdom, France), in others - it includes only joint-stock companies in which there are more than 50% of the shares of these companies (Japan, Italy) in the hands of the state, In the third - firms in which the state belongs to the controlling stake, regardless of the magnitude of this package (USA, Canada).

The fact is that in a number of countries (United Kingdom, France), any participation of the state in the activities of the joint stock company necessitates the need for approval (and even appointing a position) of the heads of such a firm to government bodies, regardless of the size of the participation of the state in the authorized capital of the company. And unlike Russian unitary enterprises, such companies are required to annually publish public annual reports on their production, commercial and financial activities, which allows (and not only by government agencies) to adjust, direct their activities, and if necessary, to expose their reorganization and even liquidation.

Taking into account the activities of mixed joint-stock companies, the public sector of the economy, for example, in the UK, covers ferrous metallurgy, coal mining, communications, transport, aerospace industry, supply with electricity, gas. In general, on the state sector of the British economy there are about 25% of the gross domestic product, as well as the total number of all those employed.

Introduction

In the modern market, public entrepreneurship plays an important role. The market free from any state intervention can only be theoretical abstraction. The economic reality is that the state acts as an active participant in market relations.

Already in the period of free competition, a significant part of the productive forces will develop the framework of classical private property and the state was forced to take on the content of large economic structures: railways, mail, telegraph, etc.

In terms of monopolistic competition, when production began to be characterized by a great difficulty, the monopolies themselves were interested in strengthening the regulatory role of the state, in constant support from its part in domestic and foreign markets. The current effort of interstate integration leads to the fact that the general economic processes step by national borders, form new socio-economic tasks associated with defense, science, ecology, reproduction of labor. The market mechanism is not able to solve all problems of economic growth. Along with the motorforce, it contains elements restraining economic development. It was also observed before, when the equilibrium in the economy was achieved with incomplete employment of resources and primarily the workforce. Yermishin P.G. Basics of economic theory M.: Luch, 1998 p.29

Therefore, speaking at present about the market economy, we are talking both about the role of the state in general and about public entrepreneurship.

Next, consider the value of public entrepreneurship at the present stage of the functioning of the country's economy. What is included in the content of public entrepreneurship and what trends of public entrepreneurship is experiencing in modern Russia?

Based on the foregoing, we set the following goal: to explore the importance and content of public entrepreneurship in a market economy.

The tasks of this work, to explore the importance and content of public entrepreneurship in a market economy.

The target is solved through the following tasks:

determine the concept of public entrepreneurship;

reveal the possible methods of state impact on the country's economy;

explore the functions and importance of public entrepreneurship;

consider possible prospects and trends in the development of public entrepreneurship.

The concept, essence of public entrepreneurship

As a result of entrepreneurship, the state regulates the market economy not only as an external force in relation to it, but also direct participation in production and commercial operations.

In a developed market economy, public entrepreneurship as an integrated set of entrepreneurial organizations perform the following functions: Lapustina MG "Entrepreneurship", infra-M, 2008 Art 11

General Economic

Resource

Innovative

Organizational

The most important function of public entrepreneurship is a resource. Entrepreneurship development involves the effective use of both reproducible and limited resources, and under the resources, all material and intangible conditions and factors of production should be understood. Of course, first of all these are labor resources, land and natural resources, all means of production and scientific achievements, as well as entrepreneurial talent. The entrepreneur can achieve the highest success if innovations in the area of \u200b\u200bactivity in which he creates its own business will use highly qualified labor, effectively consume all types of resources. Entrepreneurs are interested in their rational use and at the same time can ruthlessly treat public resources. This is evidenced by the history of the development of entrepreneurship and the history of scientific and technical revolutions, the consequences of which for a person. Affiliation of both new, the type of antiboocratic economic economic management is characterized by an innovative function connected not only using new ideas in the process of entrepreneurial activities, but also with developing new tools and factors for Achievements of the goals. The creative function of entrepreneurship is closely connected with all other functions and is due to the level of economic freedom of business entities, the conditions for making management decisions.

An important function of entrepreneurship is the organizational, which is manifested in the adoption by entrepreneurs an independent decision on the organization of its own business, its diversification, in the introduction of intra-profit entrepreneurship, in the formation of entrepreneurial administration, in creating complex entrepreneurial structures, in changing the strategy of activities of the entrepreneurial company. Entrepreneurship is most comprehensive in Combining all functions inherent in it, which are objectively peculiar to civilized entrepreneurship, but largely depend on the entities of entrepreneurial activities, from the system of state support and regulation of entrepreneurship.

ensuring the necessary growth rates,

smoothing cyclic oscillations,

maintain employment,

stimulation of scientific and technological progress, etc.

But not only this, states are mastering programs for the development of atomic energy, radio electronic industry, the creation of a computer, the development of space. Public investments in the economy, in individual countries have achieved huge sizes: in Sweden - to 1/4, Italy and the UK - up to 1/3, in Austria and France - over 40% of the total capital investment. Virtually the funds of the state are fundamental scientific research. P.G. Yermishin Basics of Economic Theory M.: Luch, 1998 p.33Repiting finances, the state speaks towards the private sector as a customer for the production of products and at the same time its buyer, which attaches certain stability to the market.

The problems solved by public entrepreneurship are also: Borisov E.F. Economic theory: Tutorial 2nd ed., Pererab. and add. - M. Yurait, 1999 p168

providing benefits to the population in various areas of social infrastructure,

conducting regional policies, creating in economically backward regions of industrial enterprises,

increasing the number of jobs

environmental protection by introducing waste-free technologies

construction of wastewater treatment facilities

development of fundamental scientific research

production of goods, which is by law by state monopoly.

For the past decades, the formation of mixed public-private enterprises and corporations with joint-stock form has become characteristic.

The problem of state ownership and its borders is increasingly transformed into the problem of limits and forms of state control, its ability to really affect the behavior of economic entities.

If we proceed from world experience, all the tasks that can and should be at the level of the modern state can be reduced to the following: Yermishin P.G. Basics of economic theory M.: Loam, 1998 p.33

Ensuring the development of basic industries: energy, metallurgical, fuel industry, stimulating new industries.

Coordination of the efforts of the Society for the Protection and Environmental Health.

Creation of industrial and social infrastructure: Transport, Communication, Culture, Education, Health.

Developing and providing social guarantees, especially for groups of people who cannot fully engage in socially useful work.

Maintaining in the normal state of the monetary and financial system.

None of the listed tasks can be solved at the level of the enterprise, the corporation, the industries of the economy or the region. It is prerogative exclusively state.

a) determine the optimal framework of public entrepreneurship. The experience of countries of both developed and developing shows that private entrepreneurship must be complemented by public entrepreneurship. And the more the country is lagging behind in its economic development, the higher the role of the state as a participant in economic activities designed to contribute to solving the most important economic problems in a nationwide scale. The speech here is to maintain vital for the national economy as a whole industries (industries, services), in which private capital does not go or under sufficient volume due to their high capital intensity, long payback period, high degree of risk, preventing the seizure of foreign capital in industries providing national security of the country by including them in the public or public-private sector.

b) to reorganize the management of state property on the basis of the division of powers between the Mingos property (which should actually become the main body for the management of state property with the exception of state unitary enterprises) and sectoral ministries (departments and other authorized state, incl. under the contract, bodies ) designed to implement the strategic management of state unitary enterprises;

c) establish public control over effective consumption of public funds, as well as the use of state property;

d) to attract local governments, trade unions, consumer societies, etc. to manage state property.

e) develop a unified register of state ownership, both in the territory of the Russian Federation and abroad. In this registry, the state of state ownership objects, taking into account their depreciation and the physical condition, finding this property in leases, pledge, trust management, the conditions of relevant contracts, regularity and completeness of fees for the use of property;

e) introduce a mandatory state audit;

and) streamline the mechanism of management of state property transferred to economic management or operational management, on the basis of accounting for the peculiarities of management in the commercial and non-commercial public sectors of the economy;

k) Clearly divide all joint-stock companies with state participation into two groups:

l) Wider practicing the transfer of shares of the joint-stock company with a controlling stake in the state in the confidential management of the direct management of the AO, appointed under the contract after the victory at the entrepreneurial project competition

m) develop new models of entrepreneurial activities of the state based on various forms of combination of public and private ownership, i.e. Development of the economy of mixed type (the creation of public-private holding companies, to manage the activities of technologically related industries in key sectors of the national economy, mixed public-private firms, etc.);

n) introduction on the macro-level level of an indicative (contractual) planning with the establishment of a number of mandatory indicators for state enterprises;

Also on the topic

Scholarships and grants abroad for Kazakhstan

Students raised scholarships

For which they can deprive scholarships

Higher educational institutions

The advantages of distance learning abroad