Legislative bases of the state property management system. Economic bases of state property management

Legislative bases of the state property management system. Economic bases of state property management

22.03.2019

ANDREY SAVCHENKO
candidate of economic sciences,
Vice President of the Metallurgical Investment Company
(Russia)

Russia needs to build a mixed socio-economic system and is objectively ready for this
For the formation and functioning of a developed economy, there are not enough factors of self-organization, it is also necessary
and government organization (management)
Control state property in the period of global transformations - one of the most complex and underdeveloped problems in economics

It is known that in Russia the old system of state property management has been destroyed, and the new one has not been formed and conceptualized. So far, there are no unambiguous answers to the questions: what kind of socio-economic system is our society transforming into; what role should state property play in the economy during the transition period and at its end, what system of its management should be formed.

It seems that, following the example of most countries, we should create mixed economy. Of course, in the transition to it, it is necessary to overcome the total monopoly of state property. However, this does not mean that the importance of the latter is underestimated. It also performs the most important functions under these conditions, therefore, it is necessary to effectively manage it. It has two components: on the one hand, management of its transformation into private property to a rational level, with another, management of its reproduction and use.

Unfortunately, at the beginning of the current reforms, none of these processes was conceptually comprehended. There was only a total destruction of state property, the main instrument of which was the so-called large-scale privatization. It (in the version that was implemented) did not contribute to the emergence of private property, which is more effective than state property. The negative attitude of the reformers towards the latter led to the loss of control over it, which needs to be restored.

The essence of the state
ownership and management

It has long been proven that property is the basis of any socio-economic system. State property expresses the relationship between people regarding the appropriation of goods in order to realize state and public interests. Its management is aimed at organizing the reproduction, use, transformation and appropriation of its objects through economic functions, forms and methods.

Privatization is just one of the tools, part of this system. It reflects the relationship regarding the transformation of state ownership into private ownership in order to rationalize their overall structure and ensure the efficiency of the reproduction of consolidated social capital. Objectively, it has two stages - mainly formal and real privatization. At the first stage, the transformation of state property into private property is carried out, the powers of the new owners are legally fixed. At the second, real new private owners are formed who organize the processes of effective reproduction and use of property.

The management of state property in the period of global transformations is one of the most complex and underdeveloped problems in economic science. In today's Russian conditions, the difficulties of research in this area are exacerbated by ideological and political “noises” that hinder understanding of the practice of property transformation. Critical analysis is often replaced by an "ideological war" between opponents and supporters of state and private forms of ownership.

For the rational organization of the socio-economic system, a clear definition of subjects and objects of property is necessary. Only the strictly legal assignment of specific objects of property to their subjects, the clarification of the status of the latter with the establishment of an appropriate “bundle of rights” (moreover, guaranteed), economic and other responsibilities, regardless of the type of owner (private person or state), creates powerful economic and other incentives for the rational organization of its use and reproduction.

In essence, in today's Russia (as in times of strict centralization), no one bears tangible responsibility for the efficiency of organizing the use, reproduction and transformation of state property. This means the loss of the motivational mechanism (the other side of the medal of economic responsibility) for its quality management.

Specifics and main functions of state property

Self-organization factors are not enough for the formation and functioning of a developed economy; a state organization (management) is also necessary. The latter is its internal moment, penetrates into all its pores, constitutes an organic part of its being (for example, the monetary system, state enterprises, taxation, etc.). At the same time it outer element in relation to its self-organization. That is why the market mechanism of self-organization and state regulation (management) act simultaneously, in some ways contradictory, in some ways intertwined.

State management is a phenomenon no less economic than the market, competition, goods, money, capital, etc. Its basis is state property, it is through it that the state and public interest is realized. And this is its main “generic” property and consolidating role.

It performs a number of important functions for the economy. I will highlight the following among them:

n state ownership creates the material prerequisites for ensuring the sustainable reproduction of social capital. This becomes possible because the state, as a rule, owns industries and sectors of the economy that are of national importance, key sectors of the production infrastructure. Yes, they are wholly owned by the state. electric power industry in Japan, Canada and France, railway transport in France, Italy, Sweden, Spain and Austria, air transport in France and Spain, postal service in the USA and Japan. The state is often the owner of the most important natural resources, intellectual and historical and cultural values. It finances fundamental science, the development and implementation of high technologies, it owns a significant part of information products, etc.;

n it allows the state to be an independent element in economic legal relations with other subjects of ownership within the country and abroad, is the guarantor of many international and domestic treaties and agreements, interstate pledge law;

n state ownership ensures the functioning of capital-intensive industries, industries and sectors of the economy that have high level socialization and requiring such investments that are beyond the power of private capital (space industry, modern information connection, economic security, etc.);

n the state creates favorable conditions for the development of private entrepreneurship, taking on a share of the costs in those areas of activity that are not beneficial to the latter. For example, in no country (even a highly developed one) is the market able to ensure the operational management of reproduction in the agricultural sector. The free flow of capital into this area only under the influence of the management of the invisible hand of the market is impossible. Here we need state regulation and support;

n state property ensures the functioning of the non-profit social sphere and the production of public goods; national security;

n it allows you to smooth out the blows of crises by mobilizing resources for the fastest way out of them by reducing taxation and using state reserve funds, carrying out intervention in the purchase of goods, helping to accelerate the development of high technologies, nationalizing the property of bankrupt enterprises, etc.

Management of state property requires a clear definition of objects and subjects of state property and taking into account their features. The former typically include plots of agricultural land, most of the natural resources, means of production of state-owned enterprises, finance, securities and much more. The second are the federal state, subjects of the federation, subjects of municipal property.

Fundamentals of the Russian model
mixed economy

At present, myth-making has taken root quite strongly on the pages of many, including scientific publications. One of the myths: only a market economy is efficient. But it is known that a purely market economy does not exist. As noted above, the economic mechanism in developed countries includes two organically interconnected blocks - market self-regulation and state regulation.

Another myth: only private property is effective, and state property is not. If we evaluate the forms of ownership by objective economic and social effects, then it is impossible to prove the advantage of one or the other. And world practice confirms this. If each form of ownership occupies its niche in the market, and the state provides equal rules for the economic activity of subjects of all forms of ownership, then the effectiveness of the functioning of both private and state structures depends on the quality of management, entrepreneurship and marketing.

Today in many countries there is mixed economy with a large number of owners of different qualities, which must be united into a single economic system. The state organization of the economy acts as a unifying force, the socio-economic basis of which is state property. Moreover, the role of the latter is determined not only by its relative weight and the imperfection of the market mechanism. For example, in the US and Japan, the share of state ownership is relatively low. However, having property in key industries and industries, having created a clear system legal regulation, as well as a targeted flexible incentive system to support the effective use of private property and entrepreneurship, combined with a rigid mechanism of responsibility, these states ensure the priority of national interests.

The Russian economy also needs to be transformed into a mixed socio-economic system and is objectively ready for this.

The mixed economy includes the following main blocks:

A variety of forms of ownership, among which the system-forming function is performed by the state. Its subject - the state - purposefully supports the sustainable reproduction of social capital;

An economic mechanism that organically combines the market self-organization of the economic system and its state regulation;

A multitude of technological modes, within which the proportion of less efficient ones will gradually decrease as their potential is exhausted, while more efficient ones will increase;

The totality of forms of distribution of consumer goods, forming a system with a rational combination of distribution according to work, property and through public funds;

Various types of entrepreneurial activity, in the system of which private and state entrepreneurship are organically combined.

Management principles
state property

Management of state property is the management of its reproduction, use and transformation which is especially important for Russia's transitional economy. Since it is one of the forms of general management, in its implementation it is necessary to take into account the “generic” features of the latter.

The most important function of such management is the coordination of interaction between the subjects of state property, as well as with other forms of property. Its reproduction takes place in the conditions of market relations, therefore, when managing it, it is necessary to comply with the requirements of market laws: competition, demand, supply, cost, etc.

More complete and accurate public property management can be defined as a system of organizational and economic relations between various subjects (subjects and managers) regarding the organization of reproduction and use of state property objects through organizational and economic functions, forms and methods in order to ensure the realization of the fundamental social and economic interests of society and the state. A feature of this definition is its complexity - the use of target, reproduction, systemic and functional approaches at the same time.

Thus, when managing state property, a system of functions is implemented, including forecasting, planning, organization, motivation, coordination, control, etc. In this case, administrative, economic and other methods can be used. It should also be noted that public and state interests may or may not coincide. The state often expresses the interests not of the entire society, but primarily of big capital, the bureaucracy, and so on.

Among general principles management of state property are the following.

1. The need to evaluate its effectiveness on the basis of criteria of social and economic efficiency. In the first case, management costs are correlated with the benefits received by society, in the second case, they are related to the integral national economic effect. In this case, a whole system of indicators is used.

2. Goal setting - development of a tree of goals with the allocation of the main and priority ones. The strategic social goal is to create material conditions for the sustainable reproduction of goods that satisfy the social needs of society. The overall economic goal is to ensure the sustainable development of the public sector of the economy. When implementing the principle of a targeted approach, it is necessary that:

The state has realized the objectively determined goals, including in relation to each specific object (group of objects), and fixed them in regulatory legal acts;

The methods for achieving the goals were determined in relation to each property by directly involved managers and approved by the authorized state body, who are stimulated and are responsible for achieving the planned result.

3. progressive motivation. In this regard, it is important to develop a mechanism of material interest, depending on the results obtained. It uses a scientifically based dividend policy, a progressive pay system, career advancement, a system of social security, protection and insurance, etc. What the neglect of this principle leads to is shown by the results of the first stages of privatization. In my opinion, one of the factors behind the low social and economic efficiency of the latter was the wrong motivation - instead of guiding privatizers to achieve their goals, they were encouraged for the speed of privatization.

4. Social and economic responsibility of the subjects of management for the sustainability of the expanded reproduction of property and the efficiency of the use of its objects. At present, the situation with economic and social responsibility has worsened. Lost administrative and party responsibility. State property is stolen, passes into the hands of corrupt officials and employees, criminal structures, is exported abroad, destroyed, etc. And the State Committee for Property Management (now the Ministry of Property Relations), managing the privatization process, is released from responsibility for its social and economic efficiency. At the same time, the activity of this body is financed by the cash proceeds from privatization.

Of course, the subjects of state property management should be responsible for the damage caused to society and the state by incompetent actions, inactivity, and even more so by corruption and criminal fraud in management.

The concept of social and economic responsibility should be implemented in the system of legislative acts of direct action with the inclusion in them not of declarations, but of a detailed mechanism of responsibility. Its most important provisions should first of all be reflected in the federal law “On the Fundamentals of State Property Management”.

5. Complexity and systemic management. This principle finds its expression in the interconnection of the functions of property management, the overall goal of management, which ensures the direction of the system of management elements; unity of action of representative and executive authorities, all governing structures and persons; organic combination of economic and administrative methods of management; in the use of uniform criteria for assessing the effectiveness of management, etc.

6. Continuous evolutionary reorganization. It is carried out with the help of such methods of state property management as privatization and deprivatization, nationalization and denationalization, changing the forms of state entrepreneurship, decentralization of management, its democratization, etc.

7. Mandatory quality of legal regulation. This requires the development, adoption and improvement of the system of legislative acts that create legal support for management.

8. Professionalism. The implementation of this principle involves a competitive system when attracting management subjects and a system for their training and advanced training, the exclusion of corruption in the admission and assessment of the level of qualification of managers.

In addition to the general principles of state property management inherent in the current mixed economy, it is necessary to take into account specific that meet the conditions of the transition period. These include: compliance of the content and methods of management with the nature of the reforms and, first of all, ensuring progressive institutional changes in the Russian economy; the focus of management on overcoming the systemic crisis of the economy and the implementation of its restructuring; compliance of organizational links of management with the tasks of implementing industrial, investment, innovation and other areas of policy, etc.

The current situation is largely determined by the fact that the government formally, by the method of shock therapy, carried out mass, instantaneous privatization of more than 2/3 of state property, without having a scientifically based model. To correct the situation, it is necessary to quickly develop a concept for managing state property and a long-term program for its implementation with a clear allocation of stages of implementation.

State property management

In its simplest interpretation, property means the belonging of things, material, spiritual, informational values ​​to certain persons: individuals, families, organizations, social groups, the state, society.

Economic nature of ownership consists in having the ability to extract from things, property beneficial features, to consume in a certain way to satisfy interests and desires, to receive benefits.

Legal basis of ownership consists in the presence of legally established, recognized rights of certain persons to possess things, valuables and the legalized opportunities arising from these rights to dispose of property objects, to use them at their own discretion.

Property Relations- these are relations that arise between people, organizations, authorities regarding ownership, appropriation, division, redistribution of property objects.

On the one hand, these are economic relations, since they are based on economic processes and interests, on the other hand, legal relations, since they are regulated by laws, primarily the Civil Code of the Russian Federation.

Property Management- this is the impact exerted by owners, state authorities and self-government bodies, other authorized persons, on the processes associated with the ownership of things, property and their use, as well as on the participants in these processes.

Thus, property is at the same time an economic, legal, and managerial category.

The theory and practice of state property management widely operate with fundamental concepts such as "property", "subjects of ownership", "objects of ownership". These terms are ambiguous in the sense that they have several different values depending on the area of ​​​​use and the purpose of using this term.

Property as belonging means the existence of a connection between the subject (a person, a group or a community of people, economic entities, organizations, institutions, authorities and management), on the one hand, and an object (any substance of the material world in the form of material objects and spiritual values, information), on the other side.

This connection is manifested in permanent or temporary, partial or complete alienation, detachment, appropriation of the object by the subject.

Property as an object means everything that becomes an object, an object of belonging to a certain subject (individual, group, set of individual subjects).


Subject of ownership(owner) - a person who owns an object of property, the owner of the property right to this object, a representative of the active party of property relations,

The presence of a specific subject of ownership, personifying, exercising the right of ownership, is required condition the emergence and operation of property relations. Subjectless property is an abstraction.

The following can act as subjects of state ownership:

The people exercising the right and powers of ownership directly or delegating them to governing bodies;

The state represented by the authorized bodies of state power, the federation and its subjects;

State organizations and institutions endowed with property rights (property management) on the part of the state and on its behalf.

The object of ownership represents the passive side of property relations, acting in the form of objects, things, materials, energy, information, spiritual, intellectual values, money, belonging entirely or in some part to the subject of ownership.

Property objects are often referred to simply as property.

Types of state property objects:

Subsoil, minerals;

Land for agricultural and other purposes;

Water resources;

Forests and forest resources;

Property complexes in the form of buildings, structures, residential facilities, equipment, other property values;

Monuments of history and architecture;

Unitary enterprises;

Objects of intellectual property;

Financial resources, cash, jewelry.

2. State property as an object of management.

The Civil Code constructs the definition of property rights through the triad of powers of the owner of art. 209 - the owner has the right to own, use and dispose of his property. So, the legal concept of property fixes the powers of the owner in relation to his thing, in order to show and protect their absoluteness. Without division into the main types: possession, use, disposal, it is very difficult to understand the essence of subject-object relations. It is necessary to clearly distinguish between the owner-owner, the owner-user, the owner-manager, especially in cases where these elements of ownership relations are divided between different persons.

Ownership - the initial, initial form of ownership, reflecting the legal, documented fixation of the subject of ownership, or the fact of real possession of the object. Ownership is the primary form, which in this sense has a dominant character. But ownership is a static characteristic of property relations; this nominal right or the practical opportunity to use an object is by no means always realized.

The owner who owns the object may have the right, certified by the presence of the required documents or simply recognized as a fact, without exercising this right, without using it. Individual owners have long delegated the authority to administer their property to stewards while retaining the income from the property. So, ownership, taken separately, is not yet fully property in the socio-economic sense of the word, which implies not only ownership, but also management and use of the object.

In a number of cases, ownership turns into a formal, declared right that the owner does not use, and sometimes does not know how to use and not strive for. This is how matters stand with public, public property, the formal owner of which is the people. In other cases, the ownership function is separate from legal owner and transferred to another entity, which, not being the owner of the property by status, actually disposes of it and uses it. So, for example, state bodies, not being legal owners of state property (nominally such is the people represented by the state), actually act as owners.

Disposition- the most obvious way to implement the relationship between the object and the subject of ownership, giving the subject the right and opportunity to manage the object, act in relation to the object and use it within the law in almost any desired way, up to transfer to another subject, transformation into another object and even liquidation.

In fact, the owner becomes such, having received the rights and a real opportunity to dispose of the property. So even the owner is a full owner only if he is also a manager.

Use means the use of an object of property in accordance with its purpose at the discretion and desire of the user. Ownership and use of property can be combined in the hands of one entity or be divided between different entities. The latter means that you can use the thing without being its owner. And vice versa, you can be the owner and not use the object of ownership, transferring this right to another subject. So, for example, a hired worker uses the means of production, not being their owner, and, say, the owner of a hotel usually does not use it himself.

There are three aspects of legal property relations:

1. The relationship of the owner to the property belonging to him as to his own;

2. Relations between the owner and all third parties who are obliged not to interfere with the owner in exercising his powers (expression of the absolute nature of the property right);

3. The third party of property relations is the owner and the state, covering tax relations, protection and guarantees of property, rules state registration and restrictions on the circulation of certain types of property.

The right of ownership is a complex legal institution.

The legal regulation of property relations consists of norms that:

1. Establish the very possibility of belonging to material goods to certain persons (constitutional, civil, administrative law - the acquisition and termination of property rights);

2. Establish the nature and boundaries of the behavior of property owners (civil-legal regime, administrative-legal regime of the property object);

3. Offer ways to protect against encroachment by other persons (civil, administrative, criminal law).

The modern attitude to the value of state property is very contradictory.

It is necessary to determine in which areas the existence of state property is expedient from the point of view of public interests.

Enterprises owned and operated by the state (first of all, we are talking about enterprises of paramount importance for economic progress or national security, such as mines or oil refineries);

Entities of public interest owned and operated by the national or local government ( railways, airlines, telecommunications, schools, hospitals, etc.);

Enterprises owned by the state, but not controlled by it;

Enterprises partially owned by the state with the most diverse level of structure of control over it.

From an economic point of view, two types of state property are distinguished:

The first is state ownership in the commercial sector (economic companies, state enterprises),

The second is the non-commercial sector of state ownership ( various systems infrastructure, power systems, transport systems, communications, airports, aviation companies, national museums, libraries). The latter objects do not make a profit, but the objects are not effective not because they are state-owned, but on the contrary, they are state-owned because they are inefficient and transferred to the state to perform certain important common functions.

In a relationship modern Russia states that:

1) the share of products produced by the public sector is higher than fixed by statistics,

2) it is legitimate to qualify mixed public-private property as a relatively independent form within which there are specific relations of disposal, possession and use,

3) the higher investment activity of the sector with mixed ownership in comparison with the public and private sectors gives grounds to consider it more capable.

Whatever type of object of state property is discussed, in the civil law sense it will be property. According to the Civil Code of the Russian Federation, the concepts of "things" and "property" are used as synonyms. At the same time, the following form is used to define the term "property":

Property- this is everything material that has a value, as well as non-material, which, being materialized, acquires a value.

The concept of property includes shares and property rights. The object of the right of ownership can be exactly the property, moreover, having a certain economic value.

Part of the objects of human activity can be regulated with the help of property rights, but with a special legal regime, since they do not allow “complete economic domination”, but only limited possibilities of use.

Classification of objects of state property can be carried out depending on their legal regime. Even in ancient Rome there was a division into common property and public property. The common property is that which, by natural right, belongs to everyone (air, running water, the sea), while public and government property belongs to the Roman people (rivers and harbors). Public property has a very special regime, for its alienation requires the consent of the people.

At present, in the West, within the framework of state property, so-called public property is distinguished; it usually includes territorial and some other waters, sea shores, the most valuable minerals, etc. These objects are the exclusive property of the state. It is believed that public property can only be used for the common good.

IN Russian legislation the public-legal variety of state property is practically not reflected. The Civil Code knows the concept of a thing withdrawn from circulation, but this is extremely narrow and serves the interests of only the private legal family of industries. If we recognize the existence of public law and private law varieties of state property, the issue of legal regulation is quite simply solved: everything related to private property of the state is regulated by civil law, and everything that relates to public property is constitutional and administrative law.

Parts 2 and 3 of Article 212 of the Civil Code of the Russian Federation, referring to the Federal Law, which will determine the property that can only be in state or municipal ownership, allows us to talk about the “semi-formal” existence of the exclusive (absolute) state property. In relation to this property, the state does not have a possible behavior, but an obligation, not the right of the state (opportunity) to have property, but the duty of the state (duty).

In addition, things withdrawn from circulation can also be considered exclusive state property (resources of the continental shelf; territorial waters and marine economic zones of the Russian Federation; nature reserves; healing springs; monuments of history and culture; weapons; objects of defense significance; subsoil, etc.) Diamond, gold and currency funds belong to objects limited in circulation.

The question of exclusive state property and wealth is a question of legal regime one object or another.

Legal regime in the system of state property law- this is a special legal order established by a set of norms regulating the specifics of the object (subject) of legal relations of subjects of law, taking into account the general, state interest in the goals, procedure and consequences of owning, using and disposing of the most valuable part of state property.


State property is property owned by right of ownership Russian Federation(federal property), as well as property owned by the right of ownership of the constituent entities of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous region, autonomous regions. Land and other natural resources not owned by citizens, legal entities or municipalities are state property. This definition is given in Art. 214 (clauses 1 and 2) of part 1 of the Civil Code of the Russian Federation. If the funds of the relevant budgets or other state property are not assigned to state enterprises and institutions, then they constitute the state treasury of the Russian Federation or the treasury of the corresponding subject of the Federation. State-owned property is assigned to state enterprises and institutions for possession, use and disposal.
On the basis of state-owned property, unitary as well as state-owned enterprises can be formed.
A unitary enterprise is an economic commercial organization based on the right of economic management. A unitary enterprise is created by decision of an authorized state or municipal body. Only state or municipal enterprises can be in the form of unitary enterprises. A unitary enterprise based on the right of economic management may create another unitary subsidiary enterprise, approve its charter as legal entity and give him a part of his property. The body - the owner of the property is not responsible for the obligations of unitary enterprises. By decision of the Government, on the basis of federally owned property, a unitary enterprise on the basis of the right of operational management can be created - a federal state-owned enterprise. The Russian Federation bears subsidiary liability for the obligations of a state-owned enterprise.
The management of state property is carried out in accordance with Civil Code and others legislative acts governing property relations in the Russian Federation. The Russian state in relation to state property as a whole should be treated as an owner-user, i.e. monopoly in all respects. A special role in the management of state property is played by the system of federal executive bodies, including the Government of the Russian Federation, ministries, state committees, agencies, and other special bodies authorized by the government and state representatives in joint-stock companies with state capital, etc.
The government has broad powers in the development and adoption of strategic, fundamental decisions on the transformation of state property, its disposal and use, control over the performance of the functions of all state bodies that manage state property. Considering the huge scale of activity in this area and the need qualified solution management tasks, the Government transfers part of its powers to manage state property to federal executive bodies. Important functions of state property management are assigned to the Ministry of Property Relations of the Russian Federation.
Within the framework of existing laws and other normative acts, the bodies that manage, dispose and use state property perform very important features. They manage a package of state shares in accordance with the state dividend policy and the procedure for regulating the market value of shares of state (or with mixed ownership) enterprises, develop and implement a strategy for managing the development of state entrepreneurship, form state targeted programs, plans and government orders.
They create a competitive structure for managing the commercialized sector and public sector facilities adapted to the market, develop a pricing policy for the exchange between state enterprises and market formations. These bodies conduct variant strategic forecasting, programming, are in charge of the long-term development of the state property potential, deal with the strategic and current tasks of resource support for state enterprises (farms). Their task is to develop and implement a strategy for scientific and staffing management structures and objects of state property, as well as management of the process of effective interaction of entities sharing state property, etc.
These and other functions of state property management should be clearly distributed among federal, regional and municipal governments on the basis of specific criteria. This takes into account the importance of property objects for Russia as a whole, the constituent entities of the Russian Federation, municipalities, as well as an assessment of the possibilities of their reproduction at each level of government. The most important criterion is the observance of the interests of economic entities, as well as ensuring national economic security.
The management of state property is one of the most complex national problems and requires the most serious attitude. It cannot be reduced to hasty “shock” privatization or spontaneous nationalization. The negative economic results of such actions do not require special evidence.
The process of managing state property is often limited to only fragmentary formal measures for the disposal of property and, so far, ineffective control over the use of state property in accordance with its purpose. The strategic goal of managing state property is to organize its effective use and reproduction in optimal sizes on an innovative basis. It has not yet been fully achieved. The development and implementation of a strategy for managing state property should be carried out on the basis of a science-based methodology. The formation and implementation of a science-based strategy for managing state property requires taking into account and observing the fundamental assumptions. What are these provisions?
The management of state property means, first of all, the management of the process of its effective use, as well as its reproduction in the required scale and quality. This is one of the specific forms of modern management. Therefore, its essence and content are determined by the generic features and functions of general management, on the one hand, and the specifics of state property as an object of management, on the other. Consequently, the state, as an owner and strategic manager, through the appropriate institutions and levers, is obliged to perform all the functions of managing state property: forecasting, planning, organization, stimulation, personnel management, coordination.
It is also necessary to take into account not only the differences, but also the relationship between the management of state property and the management of economic activity in general. It is important to deeply understand the place and role of state property in common system property relations. They should be determined taking into account the specifics of the modern period of Russia's development and the peculiarities Russian model mixed economy.
One of the features of state property management is the need for an organic combination of economic and administrative forms and methods. In addition, in many cases, in comparison with the sectoral approach, an intersectoral approach to managing the property of state structures (enterprises and associations) is more effective. It is based on the use of a product management structure, since the end product of diversification complexes loses its industry affiliation.
These and other key points of the methodological approach and analysis of the experience of managing state property in a mixed economy allow us to give the following definition of this economic category. State property management is a system of organizational and economic relations between its various subjects and managers regarding the reproduction, effective use and transformation of its objects through the economic mechanism of a mixed economy in order to realize the fundamental social and economic interests of society and the state. On what principles is the management of state property organized? General and specific principles can be distinguished. General principles are typical for the conditions of the mixed economy functioning in Russia. Specific - these are the principles characteristic of the conditions of the transition period.
The general principles include the mandatory assessment of the progress and results of state property management according to the criteria of economic and social efficiency of functioning and reproduction, the strictly targeted nature of property management, when a strategic goal is highlighted in the “goal tree” and ways to achieve it are determined. The motivational orientation of management, social and economic responsibility, complexity and consistency have a general character. The category of general principles includes the division of interaction functions between all subjects of management, a flexible system of organization and updating of the management structure, the use of various forms and methods of management, the obligatory quality of legal support for management processes. One of essential principles- recognition of the equality of all forms of ownership and the backbone role of state ownership.
The main specific principles of state property management include the mandatory compliance of the content and methods of management with the nature of reforms in the transition period, as well as the focus of state property management on overcoming the economic crisis and entering the path of dynamic innovative economic development, etc.
Based on these principles, the goals, tasks and functions of intersectoral, sectoral and regional bodies directly involved in the management of the processes of use and reproduction of state property are determined. The powers of each executive body are also determined by the goals and objectives of managing state property, its specific functions and objects of state property, the organizational and legal form of enterprises (unitary, state-owned with mixed capital). One of the most important conditions for the rational management of state property is the further improvement of the system of legislative and other normative acts. This will provide the most favorable environment for dynamic reproduction and efficient use of state property.
A number of problems related to the functioning of unitary enterprises that enjoy the right of economic management also need to be addressed. The attractive side of these enterprises is the high level of freedom of state entrepreneurship. But here the approach should be strictly observed: the higher the level of freedom, the higher the degree of responsibility. It is necessary to increase the economic responsibility and interest of unitary enterprises on the basis of the final results of work. Part especially important enterprises can be transformed into state-owned, and the other part can be transformed into open joint-stock companies with a state block of shares.
Much remains to be done to further improve the functioning of joint-stock companies (JSC) with state capital. This is extremely relevant, since joint-stock state large corporations largely determine the face of the modern Russian economy. At the same time, the organizational and legal form of joint-stock companies makes it possible to optimally resolve the contradictions between the administrative and economic methods of management, ensuring a close relationship between the management of state property and state entrepreneurship.
A promising way to resolve the noted contradiction is the consistent commercialization of joint-stock companies with state capital. Here, many functions of the use of state property could be transferred from the state-owner to senior staff on a contract basis. Accordingly, a controlling stake in the state can be transferred under a contract for trust management directly to the management of the joint-stock company.
One of the important tasks of improving the organization of state property management is the formation of an effective institution of state representatives in joint-stock companies with state capital. There is a need to radically improve the performance of all representatives of the state in the management bodies of JSCs with state capital. It is necessary to ensure their effective participation in the adoption major decisions to manage the reproduction and use of state property, as well as the development and implementation of a set of functions for the implementation of these decisions. At the same time, the scope of duties of state representatives or proxies should be clearly defined, and the system of incentives for their activities is strictly linked to the results achieved. Perhaps these persons should receive income in the amount not lower than the income of the immediate managers of the joint-stock company. This means that a significant share of their salary should be paid from the gross income of the joint-stock company, and another from the pay fund of the state body that appoints them as representatives of the state. For state representatives, not only disciplinary, but also property liability should be provided for if they, through their activities or inactivity in the management bodies of the JSC, cause damage to it.
It is advisable to select state representatives and other trusted persons on a competitive and contractual basis. The combination of their activities in the joint-stock company with any other work should be allowed if this does not reduce the efficiency of their work in the joint-stock company. To assess the results of the activities of state representatives in the management of state property, it is necessary to use specific economic criteria. Let's call the main ones. These are the results of the reproduction of state property in the JSC, i.e. growth of fixed and working capital on an innovative basis, competitiveness of a joint-stock company, level of profitability as an indicator of the efficiency of capital use (fixed and working capital).
There are other directions for improving the management of the reproduction of state property in joint-stock companies with state capital, operating on trust management. For example, organizing the performance of such management functions in JSCs as science-based planning and forecasting, coordination, preventive economic control, etc. It is important to work out a mechanism for attracting investments in JSCs with state capital with the help of effective system additional issues of shares and their distribution on a competitive basis. It is also necessary to provide for the limits beyond which the state loses a controlling stake.

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