State sectoral regulation in post-Soviet Russia. Features of state regulation of the construction industry Level of state regulation of the industry
As a result of studying chapter 15, the student should:
know
- types of industry regulation;
- the content and objectives of the regulation of the trade industry;
- basic principles and methods of industry regulation;
be able to
Propose a set of regulatory measures corresponding to the state of the industry;
own
approaches to the development of a set of measures aimed at ensuring competition in the market.
The main directions and principles of regulation of the trade industry
Trade, like other branches of the modern economy, develops on the basis of the interaction of two principles, according to which two types of its regulation are distinguished: market and non-market. The latter includes state and non-state regulation.
Market type of regulation was formed in the conditions of the development of capitalist relations, when the low saturation of the market with goods and the relatively small scale of industrial and commercial capital created favorable conditions for the emergence and development of a large number of small enterprises and, consequently, free competition.
The basis of market regulation was the activity of entrepreneurs who managed small enterprises, which took place practically without state intervention, except for such general points as taxation (or the collection of duties, taxes), regulation monetary circulation etc. The effectiveness of market self-regulation (the so-called invisible hand, in the words of A. Smith) is based on the laws of the free market. But the market must remain truly free. In the process of activity, enterprises strive for growth, resources (financial, material, etc.) are concentrated under the control of strong enterprises, and free competition turns into monopoly competition, which, although it is a competitive environment, creates significant restrictions on free competition in the market.
Market regulation proved to be insufficiently effective already at the end of the 19th century; moreover, many states are striving to conduct a socially oriented internal politics, which includes ensuring the necessary level of competition in the market of consumer goods and services. As a result, by the mid-1930s. the main principles of non-market regulation were formulated economic activity, and the corresponding methods are used almost constantly in different combinations depending on the economic situation.
State regulation is a set of principles and methods of influence of state and municipal authorities on the organization and economy of the industry in order to solve the problems of economic and social development of the country and its individual regions. The main directions of state regulation of activities in the trade industry are as follows:
- development of measures aimed at ensuring healthy competition;
- state regulation in areas where there is no competition;
- development and implementation public policy redistribution of income.
The principles of ensuring fair competition have been formed over more than 100 years, during which developed countries have developed their own systems of state regulation, taking into account the peculiarities and traditions of business practice. The main principles in this area are:
- interaction of market competition and state regulation of the market;
- non-admission of direct state intervention in the economic activities of market participants, but direct control of state bodies over compliance with established legal norms is allowed;
- regulation and elimination negative consequences competition for the country's economy, when the market mechanism does not ensure the neutralization of these negative consequences;
- impact on the performance of market participants in the form of damage or benefit to third parties who do not participate in market relations and whose interests are not taken into account when pricing.
IN Russian economy the need for state regulation measures in many industries is not in doubt, but it is important to determine the optimal ratio between the mechanisms of market self-regulation and state regulation. In areas where there is no competition or where existing conditions cannot be effective, state regulation becomes the only tool for organizing economic activity. For example, in modern conditions The problem of environmental protection has become especially acute, which can only be solved at the state level. In relation to trade, the food industry and transport, it is associated with the use of explosive and ozone-depleting freons banned since 2000 by the World Health Organization (WHO) in industrial and household refrigerators. Enterprises will not abandon potentially dangerous equipment on their own, only at the state level can a set of measures be implemented to modernize the fixed assets of the trade sector, of course, subject to the material interest of trade enterprises.
Activity natural monopolies and state monopolies should also be controlled to ensure the availability of their goods and services to the public. Natural monopolies are formed in industries for which the creation of a competitive environment on the commodity market is impossible or economically inefficient at the current level of scientific and technological progress.
The state policy of income redistribution takes into account the national, social, environmental and other features of the country's development. It is implemented through a set of tax and credit and financial measures that provide favorable conditions for activities for enterprises and industries that perform social meaningful features(for example, servicing socially unprotected segments of the population, supplying the population in remote areas). Enterprises may be granted tax incentives, payment of rent for premises and utilities, lending.
Foreign trade is, on the one hand, a source of commodity resources, and on the other hand, a source of replenishment of the budget. Regulation foreign economic activity pursues several rather contradictory goals: on the one hand, to provide the population with quality goods for affordable prices and competition for domestic producers, on the other hand, to maintain a favorable environment for domestic producers in the domestic market. In recent years, areas of activity related to the protection of one's own market have prevailed in most countries. Among such restrictions: the establishment of quantitative quotas, tariff duties, subsidies to domestic producers. The reasons for the strengthening of protectionism are, not least, the tasks of observing the interests of consumers, optimizing the production structure of the economy, and solving social and economic problems (in particular, supporting small and medium-sized businesses).
It should be noted that states adhere to similar principles of regulation market relations in general and domestic trade in particular. Differences arise at the level of ways to achieve the set goals, management approaches to solving specific problems. In some countries, state regulation is given priority, and most of the tasks are solved precisely through the levers of state regulation, in others, active actions of market participants are encouraged to maintain competition and regulate market relations. The last form is non-state regulation.
Non-state regulation includes various agreements on the merger of enterprises, the creation of intra-industry and inter-industry complexes, as well as various regulatory effects of commercial banks, commodity and stock exchanges, industry and trade associations, chambers and information and analytical systems. Within the framework of large corporations, transfer pricing and other methods of non-market management are used, as a result, the mechanism of intra-industry and inter-industry competition is undermined. At the same time, within the framework of large corporations, issues of intersectoral redistribution of resources are more effectively resolved, which favors the development of intrasectoral and intersectoral competition. By accumulating large volumes of economic resources, corporations are increasingly acting as conductors of national economic or national interests and signals of the system of market self-regulation at the level of medium and small enterprises.
Forms of non-state regulation, being in contradictory unity with market and state ones, play an increasing role in the modern mechanism of the trade industry due to the processes of information technology and organizational and economic development modern system commodity circulation.
Count on the omnipotence of the "invisible hand" of market self-regulation at the beginning of the 21st century. do not have to. The modern management mechanism is based on the interaction of three main regulators: market self-regulation, state and non-state regulation. With the growing role of non-state forms of regulation, competition plays the role of an engine, and state regulation is a strategic guideline for the development of trade sectors.
In the process of state regulation market economy the trade industry is considered as one of its largest subsystems, focused on solving social and general economic problems, which is constantly becoming more complex under the influence of the rapid development of scientific and technological progress.
State regulation commodity markets and trading activity contributes to the formation of economic relations and proportions on a competitive basis, the coordination of economic processes and the linking of private and public interests, and consequently, the civilized evolutionary development of the economy.
State influence on economic processes in order to create optimal conditions for the development and support of the existing market mechanism, and its changes, if necessary.
In history economic thought There have always been discussions about the degree of state intervention in the economy. "For" - the mercantilists spoke, and representatives of the classical school of political economy defended the slogan of "economic freedom". The 20th century is the century of world wars and economic crises redistributed the scales in the direction of state regulation. The victory was won by the theoretical foundations of J. M. Keynes, called Keynesian model economy. Its heyday falls on the 50-60s, but in the 70s the chronic deficit of state budgets led to the weakening of its positions and their replacement by neo-liberalism and the modern theory of "supply-side economics".
Tasks and goals of state regulation
Regulation is designed to ensure the effective functioning of the economic system of the state, which consists in the interaction of all spheres, primarily financial, legal and social. In this regard, there is a theoretical aspect and a practical implementation. The first includes forecasting and drawing up models of action. Practice provides for the implementation of specific legislative, executive and supervisory measures aimed at regulation.
The main goal of state regulation is to improve the welfare of society as a whole, which implies the welfare of each of its members. The goals of state regulation are usually structured into economic, social and political. In this case, the main components are:
- stable economic development and growth;
- employment policy;
- maintaining stability national currency and pricing;
- social protection of the population;
- foreign economic activity.
The implementation of the first 4 directions and their interrelation ensure the achievement of balance in the macroeconomic sphere. In the context of the globalization process, the results of their complex interaction directly affect the foreign economic sphere of state activity. At a certain historical stage in the development of society, the sequence of achieving goals may change.
It should be noted that the methods of state regulation are divided into direct and indirect. Direct ones provide for administrative and legal measures, and their impact lies in the fact that economic entities act on the basis of government regulations and cannot be fully guided by free economic choice. They are an element of the mixed economy and have shown high efficiency, especially in those countries where it is underdeveloped.
Indirect methods, as a rule, are of an economic nature and create prerequisites for the independent choice of subjects economic relations for the achievement of general economic goals. Competent interaction of methods with each other provides a solution to the main problem - improving the welfare of society.
Functions and instruments of state regulation
With regard to the functions of the state, the most important is the creation of the necessary legislative framework, providing a legal basis for the functioning of a market economy. An important function of the state is to intensify innovation and entrepreneurial activity and stimulate investment policy.
In a modern market economy, the state acts as a guarantor in the field of social protection of the population. The tool for this is the function of income redistribution in favor of less protected groups of the population. Social policy is not inferior in importance to such an instrument as the management of the public sector of the economy, since it prevents the growth of social tension in society and contributes to the achievement of social security. With regard to the use of state property, it acts as a basic element for the implementation of long-term tasks, especially in those areas that require significant investment.
One of the main theoretical issues of the functioning of business entities is the question of the ratio of planned and market principles in the economy or the question of the ratio of the plan and the market.
IN economic theory the plan is considered as a process of conscious and purposeful influence on economic development, and the market - as a natural and free flow of economic processes.
The macroeconomic level of consideration of the issue of the relationship between the plan and the market is specified as the relationship between the state and the market. At the micro level, this question is formulated as the relationship between the enterprise and the market.
In the practice of management, the plan and the market act as a single method of regulating the economy. The plan is built from the general to the specific, is used as a method of direct impact on the economy and is applied at various levels. When determining the directions of regulation of economic activity, state interests are a priority.
The market is developing from the private to the general, and this is based on the fact that private interests are a priority in economic activity. In the process of functioning, the market covers mainly the sphere of circulation and is aimed at satisfying effective demand.
The combination of planned and market principles in the economy provides for the development of mechanisms for interaction on the relationship between the state and the enterprise, access to economic resources, controlling economic activity, which is reflected in the structure of the economic system. So, if the market prevails, then the system is a market one and a market economy arises; if the state prevails, then the system is administrative-command, and the economy is planned; if subsistence farming predominates, then so does economic system generally.
In a market economy, economic entities are responsible for the results of their activities independently. As a result, the market regulates the activities of producers, and the state performs the regulatory functions of market relations. Therefore, in a market economy, the state regulates the functioning of the market, and the market regulates the activities of a business entity.
As a result, there were local structural adjustments in output and in the use of production capacity. However, in the long term, the optimal management of commodity flows was not formed, which in general negatively affected the development of the economy.
At the micro level, the market is considered as a type of economic relations between business entities. In accordance with this approach, there are two types of economic relations: natural-material relations, carried out in accordance with the volume and structure of the needs of the household; commodity relations carried out through the market as purchase and sale transactions. characteristic features economic commodity relations are the mutual agreements of the exchanging parties, the free choice of partners, the presence of competition. Commodity market relations are possible only on the basis of free purchase and sale of goods and services.
If we consider the market from the side of the subjects of economic relations, then it can be characterized as a set of existing and potential buyers entering into business relations and concluding transactions for the sale of any product. But such a description of market entities is simplified, since it does not cover the entire set of subjects of market relations. So, the market subject is not necessarily the owner of the goods being bought or sold: he can act on behalf. Buyers can be end users, organizations, intermediaries who purchase goods for subsequent sale, government agencies.
At the same time, the market is characterized as a multidimensional system of relations between producers and consumers, sellers and buyers, economic market relations, including direct and multi-link contacts with the participation of intermediaries.
In a market economy, economic entities are responsible for the results of their activities independently. As a result, the market directs the activities of direct producers, and the state performs the regulatory functions of market relations. Therefore, in a market economy, the state regulates the functioning of the market, and the market regulates the activity of the subject.
The evolution of planning systems is presented in rice. 1.1.
Industrial production has always been the leading sphere of economic interests of the state, since it is this sphere that provides social and individual needs for industrial products. Therefore, the issues of organizing the management of industrial production in market conditions are of particular importance.
Russian federal law recent years contains extensive regulatory and legal material on the basis of which the state management of industry is built. These include: the law “On competition and restriction of monopolistic activity in commodity markets”, the law “On the privatization of state property and on the basics of privatization municipal property in Russian Federation" and others regulations. The foundations of this activity are determined by the Constitution of the Russian Federation, which refers to the jurisdiction of the federal authorities and management:
Formation federal programs economic (including industrial) development;
Establishment legal framework single market;
Office of the Federal state property;
Federal energy systems, nuclear power and defense production.
To the joint jurisdiction of the Russian Federation and its subjects regarding the delimitation of state property (including in the sphere of industrial production). Outside these limits, the subjects of the Russian Federation have the fullness of state power (Article 71 of the Constitution of the Russian Federation). Accordingly, the Government of the Russian Federation manages federal property in the sphere of industrial production (Article 114 of the Constitution of the Russian Federation).
It establishes state industrial corporations, concerns, joint-stock companies, approves their charters and forms their management, determines the initial composition of the boards of directors, the features of privatization state enterprises organizes the management of state (state) industrial enterprises, solves conversion issues, etc. It also deals with questions industrial policy, enterprise reform, development of small and medium-sized businesses.
The executive authorities of the constituent entities of the Russian Federation solve a wide range of problems related to the regulation of the activities of industrial facilities classified as their property in close cooperation with the federal executive authorities. At the same time, there are also special executive bodies that carry out state management of the relevant branches of industrial production both at the federal and at the regional (territorial) levels.
The state's control over industry and its branches is increasingly acquiring the character of general regulation. The sphere of powers of direct control (disposition) has been sharply reduced. Even in relation to objects of the military-industrial complex (MIC), the state no longer acts as a sole proprietor, but rather as a control and supervisory authority, determining the foundations of the federal policy for the development of the relevant industries and controlling its implementation.
Therefore, the basis of the mechanism government controlled industry today is regulation, coordination and control (supervision) in the current directions of development of domestic industrial production, regardless of the form of ownership of enterprises. It should also be taken into account that large-scale privatization has led to the fact that the private (joint-stock) sector of the economy has become predominant in industry.
Indicators of the ratio of state and non-state sector enterprises in the Russian Federation in 1992-97.
* at the time of completion check privatization in Russia
Source: State Property Management / Ed. V.I. Koshkina, V.M. Shupyro. - M: INFRA-M, 1997. - p.64.
State administration bodies of industries. Currently, industry management is concentrated in three federal ministries: the Ministry of Economy of the Russian Federation, the Ministry of Fuel and Energy of the Russian Federation and the Ministry of Atomic Energy of the Russian Federation.
Ministry of Economics RF along with general economic functions (development of industrial policy, macroeconomic regulation, etc.), it performs a number of functions in the field of public administration of industrial production sectors. In the regulation approved by the Government of the Russian Federation on August 26, 1995, it is entrusted with the implementation of a unified state policy in the following industrial sectors: metallurgical, chemical, petrochemical, biotechnological, textile, light, medical, engineering, defense, forestry, pulp and paper and woodworking industries, production and processing of precious metals and precious stones.
The Ministry of Economy also coordinates the activities of other federal executive bodies. In addition, the Ministry of Economy carries out state regulation and intersectoral coordination of:
Engineering industries;
In the chemical complex;
Ensures the implementation of federal programs for the conversion of defense enterprises;
Improves intra-industry, inter-industry and interstate cooperative relations of industrial enterprises;
Organizes work on industry standardization of products, etc.
Ministry of Fuel and Energy of the Russian Federation(Ministry of Fuel and Energy of Russia) on the basis of the federal law "On Natural Monopolies" manages the fuel and energy complex of the Russian Federation. It is also called upon to coordinate the activities of enterprises and organizations in the electric power industry, oil production, oil refining, gas, coal, shale and peat industries, gasification, gas supply and gas management, oil product supply systems and main oil, gas and oil product pipelines. This is especially important, since the largest production associations (joint-stock companies) such as Gazprom, Transneft, Transnefteprodukt, Rosneft, Rosugol, UES of Russia, etc., operate within the fuel and energy complex. P.
The regulation on the Ministry of Fuel and Energy was approved by the Government of the Russian Federation on January 27, 1996. In accordance with it, the ministry carries out its work in close cooperation with the executive authorities of the constituent entities of the Russian Federation in order to harmonize the interests of the fuel and energy industries and regions. Ministry of Fuel and Energy of Russia:
Carries out the state energy policy;
Provides the needs of the national economy and the population in various types of energy, their use and conservation in all areas of consumption;
Ensures the efficient functioning of the fuel and energy complex, organizes the development of the main directions of its development;
Participates in the implementation of sectoral demonopolization programs;
Carries out state regulation of the activities of fuel and energy enterprises by developing regulations, standards, norms and rules in the field of operation, repair and construction of enterprises of the complex;
Decides jointly with state authorities and administrations of subjects of the Russian Federation, bodies local government issues of location of large enterprises of the fuel and energy complex.
Its functions include the development and implementation of state policy in the design and construction of enterprises in the fuel and energy complex; ensuring state energy supervision, state control and supervision over the rational use of oil, gas and their products, over the quality of peat, as well as state supervision over the objects of the fuel and energy complex in terms of ensuring the safety of navigation, underwater technical work, the operation of hydraulic structures and the prevention of pollution of the aquatic environment by oil.
The Ministry of Fuel and Energy of Russia is called upon to ensure compliance with the requirements for the protection of subsoil and other natural resources when enterprises carry out a complex of economic activities, as well as to improve the environmental safety of existing enterprises, newly commissioned and reconstructed enterprises. It participates in the process of licensing the procedure, terms and conditions for the development of oil, gas and coal fields, controls the fulfillment of the conditions for the development of fields under valid licenses, develops proposals for the formation of tariffs, prices for fuel and energy resources and other products of the complex industries.
The Ministry of Fuel and Energy carries out state regulation of the development and use of the raw material base of the complex; develops and approves the rules of their technical operation, binding on all consumers of energy resources; participates in the state examination of reserves of oil, natural gas, gas condensate and coal fields; creates divisions of departmental paramilitary security, etc. In addition, this ministry coordinates the activities of sectoral enterprises (joint stock companies) and, together with them, determines the procedure for managing energy product pipeline systems and the federal energy system.
The following departments function in the structure of the apparatus of the Ministry of Fuel and Energy of Russia:
coal industry;
Oil industry;
Power industry;
Oil refining;
Mechanical engineering for the fuel and energy complex;
Energy saving;
Oil products and fuel supply.
It also acts as a federal executive body Federal Energy Commission of the Russian Federation(FEC of Russia), whose main task is to regulate the activities of natural monopolies in the fuel and energy complex, as well as state regulation of prices and tariffs for electrical and thermal energy, regulation and control in the field of transportation of oil and petroleum products through main pipelines, transportation of gas through pipelines, services for the transmission of electrical and thermal energy, including price regulation on the federal wholesale electricity market and wholesale prices for natural gas, monitoring compliance with the current legislation. Decisions and instructions of the Federal Energy Commission are obligatory for executive authorities, as well as organizations, regardless of the form of ownership and subordination.
Ministry of the Russian Federation for Atomic Energy pursues the state policy in the field of development, production and disposal of nuclear charges and ammunition in the nuclear power industry, carries out state management of the use of atomic energy, is responsible for the state and development of nuclear weapons and energy complexes Russian Federation, ensures the safety of enterprises and organizations of the nuclear complex, manages the activities of enterprises and organizations of this complex, etc.
Separate branches of industrial production are managed by other bodies of federal executive power and their territorial subdivisions. Thus, state-owned enterprises in the building materials industry are under the jurisdiction of State Committee of the Russian Federation for Housing and Construction Policy, which coordinates and regulates their activities, participates in their privatization, promotes the creation of a building materials market, improves economic methods management of subordinate enterprises, participates in their creation, reorganization and liquidation, approves their charters, appoints managers, etc.
A number of management functions and powers in relation to industrial facilities are carried out by State Committee of the Russian Federation for State Property Management. In accordance with the Regulations approved by the Government of the Russian Federation on December 4, 1995, he manages and disposes of federal property in the Russian Federation and abroad, adopts regulations on these issues, appoints state representatives to the management bodies of joint-stock companies whose shares are fixed in federal ownership , approves the charters of federal unitary enterprises, etc. However, this body is mainly called upon to ensure the implementation of state policy in the field of privatization of state and municipal enterprises.
State control (supervision) in the management of industry. All executive authorities of general, intersectoral and sectoral competence in various forms and in various areas implement their control and supervisory functions and powers. At the same time, there are specific organizational and legal forms of control (supervision) in the system of state management of industry.
Federal Mining and Industrial Supervision of Russia(Gosgortekhnadzor of Russia) is carried out in the field of industrial safety, as well as in the implementation of special permitting, supervisory and control functions in accordance with the Regulation approved by the Government of the Russian Federation on February 18, 1993. Its functions are related to the implementation state supervision for compliance with the requirements for the safe conduct of work in industry, the design and safe operation of equipment. Gosgortekhnadzor establishes requirements (rules and norms) for the safe conduct of work; licenses certain types activities associated with increased risk of industrial production and work.
In addition, Gosgortekhnadzor exercises state supervision in the coal, mining and non-metallic, metallurgical, oil and gas, defense industries (for example, over the design, construction and safe operation of product pipelines), and also issues licenses for certain types of work associated with an increased risk of industrial productions. He has been given the authority to:
Carrying out an unhindered inspection of controlled enterprises;
Issuance of instructions binding on the heads of enterprises to eliminate the identified violations, as well as to suspend work carried out in violation of safety rules and standards;
Bringing officials to administrative responsibility;
Making mandatory submissions to the heads of industrial enterprises on the dismissal of persons who systematically violate the rules and norms for work safety.
Decisions of Gosgortekhnadzor on issues of its competence are binding on associations and enterprises. Gosgortekhnadzor implements its functions and powers directly or through the formed regional divisions (districts and departments).
Federal Supervision of Russia for Nuclear and Radiation Safety(Gosatomnadzor of Russia) is a government body that carries out state regulation and supervision of the safety of production, circulation and use for peaceful and defense purposes of atomic energy, radioactive substances and products in order to ensure the safety of personnel at nuclear or radiation hazardous facilities and the public, protect the environment environment in the Russian Federation, subordinate directly to the President of the Russian Federation. Gosatomnadzor of Russia:
Establishes rules and norms in the field of nuclear and radiation safety;
Exercises supervision in the field of production, circulation and use of atomic energy, nuclear materials, radioactive substances and products in the development, manufacture, testing, transportation, storage and elimination of nuclear weapons;
Conducts safety reviews of nuclear and radiation hazardous facilities and industries;
Issues licenses for activities related to the use of nuclear and radiation hazardous substances and materials;
Carries out state registration of supervised objects;
Inspects the state of nuclear and radiation safety;
Issues mandatory instructions to eliminate violations of the rules and norms of nuclear and radiation safety, the conditions for the validity of licenses;
Suspends work carried out in violation of the rules and requirements, withdraws licenses;
Prohibits the use of products and materials that do not ensure nuclear and radiation safety, etc.
Gosatomnadzor has its own territorial (regional) subdivisions – districts and inspectorates. It carries out its activities in cooperation with the International Atomic Energy Agency (IAEA).
State Energy Supervision RF exercises control over the technical condition and safe maintenance of electrical and heat-using installations of consumers of electrical and thermal energy, rational use of energy at enterprises, organizations and institutions, regardless of their departmental affiliation and ownership. Energy supervision bodies are included in the system of the Ministry of Fuel and Energy of Russia. They include the Main Directorate of Supervision (Glavgoskomenergonadzor) and territorial subdivisions (departments or departments). The regulation on the State Energy Supervision was approved by the Government of the Russian Federation on May 12, 1993.
State energy supervision, the system of which is headed by the Chief State Inspector (head of the Main Directorate of the Ministry of Fuel and Energy of Russia), monitor compliance with the rules for the technical operation of power plants and safety precautions, which are mandatory for all consumers of electricity and heat, as well as the implementation of energy conservation measures. When exercising state energy supervision, state inspectors have the right to:
To give binding instructions for energy consumers on the elimination of violations of rules and regulations;
Require the heads of enterprises, organizations and institutions to immediately turn off electrical and heat-using installations upon detection of violations that can lead to an accident, fire or pose a danger to humans;
Give mandatory instructions on the removal from work of violators of the rules, etc.
Of course, these control and supervisory bodies exercise their powers not only in the industrial sphere, but for them it is the most significant. The same can be seen from the example of State Committee of the Russian Federation for Standardization, Metrology and Certification(Gosstandart of Russia), the regulation on which the Government of the Russian Federation approved on July 11, 1994. Gosstandart carries out state management of standardization, state regulation and intersectoral coordination of the activities of industrial enterprises in the field of certification (certification of product quality):
Organizes and conducts work on mandatory certification of industrial products;
Carries out state control and supervision over compliance with the requirements of state standards, metrology rules (unity of measuring instruments);
Carries out state metrological control (supervision), conducts inspection and state testing of measuring instruments.
At the same time, he has the right to send orders to eliminate violations of mandatory standards, to withdraw from production, stop the production and sale of goods manufactured in violation of standards, as well as to recall them from the consumer. The Chairman of the Gosstandart of Russia is the Chief State Inspector of the Russian Federation for the supervision of state standards and ensuring the uniformity of measurements.
Ministry for Antimonopoly Policy and Entrepreneurship Support of the Russian Federation controls compliance with antimonopoly requirements during the creation, reorganization and liquidation of industrial associations and enterprises; State Property Committee of Russia controls the implementation of the state program for the privatization of state and municipal enterprises, admission to federal budget funds from privatization, intended use and safety of objects of federal property, etc. It should also be noted the great importance of state control (supervision) in the sphere of industry, carried out by environmental authorities.
When exercising the functions of state control (supervision) in the field of industrial production, the bodies of Gosgortekhnadzor, Gosatomnadzor, etc., in accordance with the Code of the Russian Federation “On Administrative Offenses”, are authorized to consider cases and impose administrative penalties for violations, which include:
Violation of rules, norms and instructions for the safe conduct of work in industries (Article 88);
On the storage, use and accounting of explosive materials and industries (Article 89);
Wasteful expenditure of electrical and thermal energy (Article 90), etc.
Penalties are imposed on the guilty by officials of territorial and local inspections, heads of departments of districts.
Business entities in industry The legislation of the Russian Federation is divided into two main categories: state-owned enterprises and joint-stock companies. There are also private enterprises that are individually owned, but their number is extremely small. As state-owned enterprises, the state retained ownership in strategically important branches of industrial production.
State-owned plants (factories, farms) are created in accordance with Decree of the President of the Russian Federation of May 23, 1994 No. 1003 “On the reform of state enterprises” on the basis of liquidated federal state enterprises. On August 12, 1994, the Government of the Russian Federation approved the Model Charter of a state-owned plant. The state-owned plant is under the jurisdiction of the relevant federal executive body, which is entrusted with the coordination and regulation of activities in the industry.
Such a body approves the individual charter of the subordinate state-owned plant, appoints its head and makes a decision on the implementation of independent economic activity by the plant. On this occasion, an order (instruction) is issued, defining specific types of goods (works, services), the production and sale of which is covered by the permit. The model charter of a state-owned plant determines:
Purposes and object of activity of the plant;
The property of the plant, which is federal property;
Fundamentals of organization of its activities;
Plant management system (the director appointed by the authorized body and his deputies, appointed in agreement with the body that approved the charter);
Fundamentals of accounting, reporting and control over the activities of a state-owned plant;
The procedure for the liquidation and reorganization of the plant (by decision of the Government of the Russian Federation).
Along with industrial enterprises and associations of a state character (their number is now insignificant) - such as, for example, the Russian State Corporation for the Production of Timber and Paper Products, there is a wide network of joint-stock companies. In 1993, the Government of the Russian Federation established the Russian Joint Stock Company (RAO) Gazprom and approved its charter, which revealed the features of such associations. Currently, the federal law of December 26, 1995 No. 208-FZ “On Joint Stock Companies” is in force.
Joint stock companies – commercial organizations open or closed type. founding document joint-stock company is its statute. Society is subject to state registration. The legislation of the Russian Federation practically does not define the forms of state influence on the activities of joint-stock companies, which creates the impression of their complete autonomy, which is not true.
State supervision over the activities of industrial enterprises is carried out by executive authorities and their representatives on finance, ecology, etc. In other words, in all cases when rules are established that are binding on economic entities of any form of ownership. The responsibility of joint-stock companies to the state is not defined in the law either. The specific goals, objectives and activities of joint-stock companies can be judged by the example of RAO Gazprom, which, on a contractual basis:
Ensures the supply of consumers with gas, gas condensate, oil refinery products;
Provides gas supplies outside Russia under interstate and intergovernmental agreements;
Builds and finances high-pressure gas pipelines;
Obtains licenses for exploration and development of deposits, as well as for the export of products;
Controls the functioning unified system gas supply, etc.
The Government of the Russian Federation exerts a certain influence on joint-stock companies. Thus, a resolution was adopted “On state support for the joint-stock company “Gorky Automobile Plant”; to represent the state's interests in the state-owned blocks of shares in RAO UES of Russia, it appointed its representatives; a special resolution was adopted “On measures to ensure state management of the federally owned shares of RAO UES of Russia”, which formed a board of state representatives, which proposed a range of issues for the agenda of the next meeting of shareholders; decisions are made to approve the charters of joint-stock companies (for example, the open joint-stock company Rosneft Oil Company), etc.
very relevant in Lately was the problem of insolvency of industrial enterprises. To address these types of issues, Federal Service of Russia for Insolvency and Financial Recovery. The main purpose of this body is to create organizational, economic and other conditions for the implementation of acts of insolvency of state enterprises. The Office pursues a state policy aimed at preventing the insolvency of enterprises; represents the interests of the state in resolving issues related to the initiation of insolvency proceedings; provides assistance to businesses that show signs of insolvency.
This federal service acts as an authorized representative of the owner of the state enterprise; decides whether the debtor enterprise should send an application to court of Arbitration on initiation of insolvency proceedings; participates in the privatization of insolvent state-owned enterprises; manages its territorial bodies, etc.
The Federal Service for Insolvency and Financial Recovery has the right to make decisions on the need for rehabilitation (prevention of bankruptcy) of enterprises; participate in monitoring the use of funds to support enterprises; issue binding acts on issues within its jurisdiction, etc.
Decree of the President of the Russian Federation of December 22, 1993 "On measures to implement legislative acts on the insolvency (bankruptcy) of enterprises" determined that the Federal Service represents the interests of the owner in resolving issues of insolvency in relation to federal state enterprises, as well as enterprises and organizations in whose capital there is a share (contribution) of the Russian Federation. It is also entrusted with reviewing the financial condition of enterprises and making a decision on the mandatory privatization of federal state-owned enterprises that are insolvent; adoption of a decision binding on the debtor enterprise to submit to the arbitration court an application to initiate insolvency proceedings.
If the enterprise fails to file such an application, the Federal Service itself applies to the arbitration court with a petition to declare the debtor enterprise bankrupt. In addition, it determines the conditions for the participation of authorized state bodies in the rehabilitation of the debtor enterprise, submits an application to the arbitration court to open bankruptcy proceedings.
Industry management in Omsk region . At the federal level, state regulation in the field of industrial production in the Omsk region, as mentioned above, is carried out by territorial divisions of federal bodies. Almost all of them are represented in the region. Some of these bodies have delegated their functions to subdivisions of the Administration of the Omsk Region.
At the same time, the Administration of the Omsk region and at the regional level is quite actively pursuing state regulation in the field of industrial production. One of the reasons for this is that it is industrial enterprises that form the bulk of the regional and local budgets. This activity is carried out in the following areas:
Development of regional programs and projects for the development of industrial production;
Providing tax breaks and guarantees to investors investing in the development of industrial production;
Assistance in the development of foreign economic relations of Omsk enterprises and presentation of products of Omsk enterprises abroad;
Placement of a regional order for the products of Omsk industrial enterprises;
Equity participation in the development of market infrastructure in the region (construction of an international airport, gasification, etc.).
To solve the current tasks of managing and developing industrial production, a number of committees have been created in the Administration of the Omsk Region: the Economic Committee, the Committee for Industry, the Committee for Gasification, the Committee for Foreign Economic Activity, etc.
At the same time, functions related to supervision and control in the sphere of industrial production are concentrated in the territorial divisions of federal structures. Whereas the functions associated with the direct stimulation and development of industry are delegated by the federal center to the regional level.
TEST QUESTIONS:
1. Formulate the basic principles of state management of industrial production at the federal level.
2. Show, using the example of any Omsk enterprise, how the federal authorities influence its activities.
3. Justify why the direct stimulation of the development of industrial production was transferred by the federal center to the regional level.
1. Alekhin A.P., Karmolitsky A.A., Kozlov Yu.M. Administrative Law of the Russian Federation: Textbook. – M.: MIRROR, 1997.
2. Gruzinov V.P., Maksimov K.K., Eriashvili N.D. Enterprise Economics: A Textbook for High Schools. - M.: Banks and exchanges; UNITY, 1998.
3. The effectiveness of public administration. / Ed. S.A. Batchikova., S.Yu.Glazeva - M.: Consultbanker, 1998.
Normative legal acts and documents:
1. Federal Law No. 208-FZ of December 26, 1995 "On Joint Stock Companies". // Reference legal system "Garant". - M.: NPP "Garant-service", 1999.
2. Decree of the President of the Russian Federation of May 23, 1994 No. 1003 "On the reform of state enterprises". // Reference legal system "Garant". - M.: NPP "Garant-service", 1999.
3. Decree of the Head of the Administration (Governor) of the Omsk Region dated April 8, 1997 No. 147-p "On the forecast of the socio-economic development of the Omsk Region for 1997-2000 and on the medium-term plan of action of the Administration for the period up to 2000". // Reference legal system "Garant". - M.: NPP "Garant-service", 1999.
On the territory of the Omsk region, there are about 20 territorial subdivisions of federal bodies that in one way or another influence industrial production.
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State and municipal administration: lecture notes Kuznetsova Inna Aleksandrovna
2. State regulation in the fields of culture
Law of the Russian Federation of October 9, 1992 No. 3612-1 "Fundamentals of the Legislation of the Russian Federation on Culture" connects the concept of culture and creativity with various types cultural activities– activities for the preservation, creation, dissemination and development of cultural values. Under cultural property understands moral and aesthetic ideals, norms and patterns of behavior, languages, dialects and dialects, national traditions and customs, historical toponyms, arts and crafts, works of culture and art, results and methods scientific research cultural activities, buildings, structures, objects and technologies of historical and cultural significance, historically and culturally unique territories and objects. Cultural activity creates cultural benefits– conditions and services provided by organizations, other legal and individuals for citizens to meet their cultural needs.
Creative activity is the creation of cultural values and their interpretation. An inextricable link with cultural activity is the person who creates or interprets these values.
In culture big role belongs to professional creative organizations (unions of writers, theatrical figures, cinematographers, etc.), which unite and direct the creative activity of numerous non-profit organizations of culture and art.
The founder of a cultural organization approves its charter and amendments to it, appoints and dismisses the head, concludes, changes and terminates contracts with the head in the manner prescribed by law. Since cultural organizations can be institutions of federal, constituent entities of the Federation or municipal significance, the charters and regulations of a cultural organization are approved by acts of the Government of the Russian Federation, the Ministry of Culture and Mass Communications of the Russian Federation, executive authorities of the constituent entities of the Federation or municipal bodies of local self-government.
Activities aimed at the preservation, creation, dissemination and development of cultural values, the provision of cultural benefits to the population in various forms and types, is the main activity of cultural organizations. Cultural organizations may carry out other activities that do not contradict the law, provided for by their charter (regulations), including entrepreneurial, only insofar as this serves to achieve the goals for which it was created and which corresponds to these goals.
State bodies, local self-government bodies do not interfere in the professional and creative activities of cultural organizations, except in cases where such activities lead to propaganda of war, violence and cruelty, racial, national, religious, class and other exclusivity.
The Ministry of Culture and Mass Communications is a federal executive body responsible for the development of state policy and legal regulation in the field of culture, art, historical and cultural heritage and cinematography, mass media and mass communications, archives and interethnic relations. It coordinates and controls the activities of Federal Service for monitoring compliance with legislation in the field of mass communications and the protection of cultural heritage, the Federal Archival Agency, the Federal Agency for Culture and Cinematography, the Federal Agency for Press and Mass Communications.
According to the Regulations on the Ministry of Culture and Mass Communications of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 17, 2004 No. 289, the Ministry of Culture of Russia performs the following functions and powers: submits draft federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation and others to the Government of the Russian Federation documents that require a decision of the Government of the Russian Federation on issues related to the established scope of the Ministry and to the areas of jurisdiction of federal agencies subordinate to it, as well as a draft work plan and forecast indicators of the Ministry's activities, etc.
Structural divisions The Ministry of Culture of Russia are departments in the main areas of activity of the ministry, which include departments. Under the authority of this ministry and directly subordinate to it is the Federal Archival Agency, federal agency for Culture and Cinematography and the Federal Agency for Press and Mass Communications. The Ministry of Culture and Mass Communications of the Russian Federation on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation independently carries out legal regulation, and also develops and submits to the Government of the Russian Federation draft federal constitutional laws, federal laws and acts of the President of the Russian Federation and the Government of the Russian Federation on the following issues:
1) culture, art, historical and cultural heritage (except for the protection of cultural heritage), cinematography, publishing, printing, archives, copyright and related rights (with the exception of draft regulatory legal acts on control and supervision in the field of copyright and related rights);
2) international cultural and information cooperation.
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