Forms and methods of state regulation of corporate activities. On the legal regulation of state corporations
1. The activities of the Corporation are regulated by this Federal Law, other federal laws and regulatory legal acts of the President adopted in accordance with them Russian Federation and the Government of the Russian Federation.
3. The Corporation is an authorized body for managing the use of atomic energy, exercising the powers and functions provided for by this Federal Law in relation to organizations of the Corporation and other legal entities carrying out activities in the field of atomic energy use established by the Federal Law "On the Use of Atomic Energy", as well as activities related to the development, production, disposal of nuclear weapons and nuclear power plants military purposes.
4. The Corporation is authorized on behalf of the Russian Federation in accordance with the Convention on the Physical Protection of Nuclear Material by the state competent authority for nuclear and radiation safety during the transportation of nuclear materials, radioactive substances and products made from them, the central government authority and point of contact and the national competent authority for fulfillment of the obligations of the Russian Federation in the field of ensuring the physical protection of nuclear material in the International Atomic Energy Agency and other international organizations.
5. The Corporation carries out, in the manner determined by the Government of the Russian Federation, the functions of the management body authorized by the Government of the Russian Federation for the state reserve of special raw materials and fissile materials, nuclear materials in federal ownership, with the exception of nuclear materials transferred as part of products to the Ministry of Defense of the Russian Federation.
6. From the date of acceptance into in the prescribed manner decisions on the liquidation of the Federal Atomic Energy Agency are transferred to the Corporation in the same volume and under the same conditions the rights and obligations of the main manager of budget funds, the recipient of budget funds, the main administrator of budget revenues, the administrator of budget revenues, and the state customer government programs Russian Federation in the field of defense and security, long-term targeted programs, interstate programs, the federal targeted investment program, the state customer of which is the Federal Atomic Energy Agency, and the rights and responsibilities for the performance of government functions and provision of public services in the established field of activity, the right to establish departmental insignia in labor and award them to employees of organizations operating in the field of atomic energy use. From the date of state registration of the Corporation as legal entity all rights and obligations under government contracts concluded by the Federal Atomic Energy Agency on behalf of the Russian Federation are transferred to it.
(see text in the previous edition)
6.1. The Corporation, in accordance with the procedure established by the legislation of the Russian Federation, carries out the functions of the main manager of budget funds, the recipient of budget funds, the main administrator of budget revenues, the administrator of budget revenues and the state customer of the state defense order in the established field of activity, the state customer of state programs of the Russian Federation in the field of defense and security, in areas of development and sustainable functioning of the Northern Sea Route, including the development of infrastructure of seaports located on the coast of the Northern Sea Route, as well as ensuring navigation and year-round navigation of ships along the Northern Sea Route, long-term target programs, scientific, technical and investment programs and projects, special environmental programs for the rehabilitation of radiation-contaminated areas of the territory, and the creation of infrastructure facilities that ensure the safe handling of waste of hazard classes I and II, interstate programs, the federal targeted investment program, carries out the placement of orders, including the placement of state defense orders, concludes government contracts for the supply of goods, performance of work, provision of services, for carrying out research, development, design and survey and technological work for state needs in the established field of activity, as well as other civil contracts.
(see text in the previous edition)
7. The corporation, on the basis of decisions of the Government of the Russian Federation, is vested with the authority to exercise in the established field of activity on behalf of the Russian Federation the rights of the owner of federal property. The list of such property and the procedure for exercising the rights of the owner of such property on behalf of the Russian Federation are approved by the Government of the Russian Federation.
(see text in the previous edition)
7.1. The Corporation is vested with the authority to exercise, on behalf of the Russian Federation, in the manner and within the limits determined by this Federal Law, the rights of the owner of federal state property unitary enterprises included in the list approved by the President of the Russian Federation in accordance with subparagraph "b" of paragraph 1 of part 1 of Article 5 of this Federal Law (hereinafter also referred to as subordinate enterprises).
8. The Corporation, by decisions of the President of the Russian Federation or the Government of the Russian Federation, ensures the fulfillment of tasks in the established field of activity.
9. From the date of adoption in the prescribed manner of the decision to liquidate the Federal Atomic Energy Agency, the powers of the Federal Atomic Energy Agency, provided for by the Law of the Russian Federation of July 14, 1992 N 3297-1 “On a closed administrative-territorial entity” for federal executive bodies, are transferred to the Corporation. authorities in charge of enterprises and (or) objects for which a special regime is established for the safe operation and protection of state secrets, including special conditions residence of citizens.
10. The Corporation exercises the authority to manage and dispose of rights to the results of intellectual activity belonging to the Russian Federation, created when performing work on orders of the Ministry of the Russian Federation for Atomic Energy and the Federal Atomic Energy Agency, in the manner established by the legislation of the Russian Federation.
11. The Corporation exercises on behalf of the Russian Federation the rights of a shareholder (participant) in relation to business companies, shares (stakes in authorized capital) which are in federal ownership and acquired by making, as a contribution of the Russian Federation to the authorized capitals of these companies, the exclusive rights of the Russian Federation to the results of intellectual activity, the management and disposal of which is carried out by the Corporation.
Law of February 5, 2007 N 13-FZ “On the peculiarities of management and disposal of property and shares of organizations operating in the field of atomic energy use, and on amendments to certain legislative acts of the Russian Federation.”(see text in the previous edition)
14. The Corporation, on the basis of a decision of the Government of the Russian Federation, may exercise shareholder rights on behalf of the Russian Federation joint stock company, one hundred percent of the shares of which belong to the Russian Federation and which is determined by the Government of the Russian Federation as a management company performing the functions of managing territories of rapid socio-economic development created in the territories of closed administrative-territorial entities on which the Corporation’s institutions, joint-stock companies of the Corporation and their subsidiaries, as well as subordinate enterprises, the nature of whose activities have created closed administrative-territorial entities.
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UDC 334.06.78-027.542
Khisteva E.V.
Ph.D., Associate Professor, State organization higher vocational education"Donetsk National University economy and trade
named after Mikhail Tugan-Baranovsky"
STATE REGULATION OF CORPORATION ACTIVITIES
The article discusses the problems government regulation financial relations of the corporate sector of the economy, an analysis of the organizational aspects of the functioning of corporations was carried out, and the directions of state regulation of financial relations were explored. The article provides a comparative analysis of approaches to government regulation in various countries.
Key words: corporation, company, state corporation, authorized capital, tax, corporate tax, corporate rights.
The state, being the most important participant in corporate relations, performs the functions of not only a regulator of organizational, legal and financial relations, but also an active independent player in the financial market. The presence of state regulation allows not only to clarify and regulate the functioning of the corporate sector, but also to use the capabilities of corporations to strengthen the national economy.
The problems of the functioning of the corporate sector were studied by such scientists as Blank I., Miller M., Kobrzhitskaya V.V., Rumyantsev S.A., Shershneva I.Z., Shablista A.M. and others.
The role of the state can be grouped as follows.
1. Regulation of the organization of the corporation. Legislative acts of states provide a clear definition of the concept of “corporation”, determine the types of corporations and the rules of their relationships.
2. Regulation of financial relations.
Let us take a closer look at both areas of state regulatory activity.
First of all, different countries have different approaches to defining a corporation. In the United States, the law does not define a corporation. According to Supreme Court, a corporation is an artificial association of legal entities that exists from the point of view of law.
The situation is similar in European countries, where the definition of a corporation is determined not by a legislative act, but by economic realities. Thus, in the UK, companies are considered corporations, in France - partnerships and associations. Joint-stock companies in post-Soviet countries are endowed with similar domestic qualities.
In the Russian Federation, the concepts of “corporation” and “joint stock company” have slightly different meanings. Thus, the concept corporation is used when we're talking about on state corporations and transnational corporations. In all other cases, when there is collective participation in the formation of the authorized capital, the concept of joint-stock company is used.
According to Russian legislation, the definition of a state corporation applies only to non-profit organizations, i.e. organizations whose purpose of creation is not to make a profit, but to perform “...social, managerial and other socially useful functions”; in the USA, similar functions are performed by public
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(public corporations) and non-profit corporations. .
As an example of the first group of corporations, the following can be cited - Guaranty Corporation pension provision(Pension Benefit Guaranty Corporation), a national passenger corporation railway transport(AMTRAK) (National Railroad Passenger Corporation, AMTRAK), a total of 11 corporations, and the second group is the American Red Cross, Marchof Dimes, Junior Achievement.
There are 9 operating in the Russian Federation state corporations, among which: State Corporation OJSC Gazprom, State Atomic Energy Corporation Rosatom, State Corporation " Russian corporation nanotechnologies" (RUSNANO), State Corporation "Russian Technologies" (mechanical engineering).
An analysis of legislation and the realities of the Ukrainian economy indicates a different approach to determining the essence of these categories. According to Article 120 of the Economic Code of Ukraine, a corporation is “...a contractual association created on the basis of combining the production, scientific and commercial interests of enterprises that have merged, with the delegation of certain powers by them centralized regulation activities of each of the participants to the management bodies of the corporation.”
There are two state corporations in Ukraine: PJSC State Food and Grain Corporation of Ukraine and the State Concern Ukroboroprom.
State regulation of financial relations in the corporate sector is carried out in the following directions:
1. Legislative regulation of the amount of authorized capital.
In the USA, the size of the authorized capital is regulated by the laws of individual states. Thus, in the District of Columbia and Texas the minimum amount of authorized capital is $1000, in Oklahoma - $500. There are no such restrictions in Canada.
The legislation of the Russian Federation establishes some restrictions on the minimum size of the authorized capital of joint stock companies.
Thus, Article 25 of the Federal Law “On Joint-Stock Companies” states that public joint-stock companies must have an authorized capital of at least 100 thousand rubles. The requirements for the minimum amount of authorized capital of non-public joint stock companies are somewhat different. The minimum amount of the authorized capital of such a company is set at 10 thousand rubles.
In comparison with similar norms of Ukrainian legislation, the issues of regulating the size of the authorized capital of public joint-stock companies of the Russian Federation are somewhat more loyal and stricter to the formation of the authorized capital of non-public joint-stock companies.
The Law of Ukraine “On simplification of the procedure for the formation of enterprises” with additions and amendments dated April 21, 2011 No. 3263-VI establishes the minimum amount of authorized capital for joint-stock companies in the amount of 1,250 minimum wages, which is 1,722.5 thousand UAH; for companies with limited liability The amount of minimum capital is not regulated. .
2. Taxation of corporate results.
There are different approaches to taxation of corporate performance in the world. In some countries, a tax on activities is levied, for example, in Italy, a regional tax on business activities is applied, the object of taxation of which is cash flows value added corporations; and the US corporate tax, which has progressive interest rates.
An additional feature is the different corporate income tax rates levied in different states.
Table 1 shows Comparative characteristics approaches to taxation of corporate performance results.
It is worth noting the peculiarities of US corporate tax administration. Thus, for the first 50 thousand dollars of profit, the corporation pays a tax at a rate of 15%; an increase in profit by 25 thousand dollars obliges the corporation to pay an additional 25% tax. The remaining amount of the corporation's profits is taxed at a rate of 34.0%.
Characteristics of approaches to taxation
Table 1
Key indicators USA Russia Ukraine
Tax name Corporate tax Corporate tax Income tax
Tax rate, % 15.0-35.0 12.5 19.0
Share in budget revenues, % About 30.0 18.0 7.3
If the corporation's profit is 100-350 thousand dollars, the corporation is subject to an additional 5.0% tax.
3. Equity participation in the state in the formation of the authorized capital of the corporation. Since a corporation is an association of capital, the state may have its own share in the authorized capital. The share of such rights ranges from 100.0% to an insignificant share, the value of which cannot be considered a controlling stake.
Table 2 presents the results of monitoring the share of corporate rights of the state in authorized capital Ukrainian corporations and changes in the number of such enterprises.
table 2
Monitoring of corporate rights of the state in the authorized capitals of business companies _
1. Business companies that are under management
State Property Fund of Ukraine, including with a share:
Date General Up to 10% From 10% From 25% From 50% From 75% 100%
quantity up to 25% up to 50% up to 75% up to 100%
29.12.2005 1178 248 217 427 116 106 64
30.12.2010 536 110 88 169 62 66 41
02.10.2015 364 65 54 112 52 51 30
2. Business entities that are managed by other bodies
executive power, including with a share:
29.12.2005 138 0 0 5 0 0 133
30.12.2010 128 0 0 7 5 6 110
02.10.2015 193 4 16 32 9 7 125
Based on the data in the table, we see that the total number of business entities that are under state management is decreasing over time.
According to the State Property Fund of Ukraine, out of 155 units, 45 business entities were located in the Donetsk region, and 25 in the Luhansk region, the remaining 85 were in other regions of Ukraine.
State regulation of the functioning of the corporate sector of the economy has a long tradition and is carried out in all countries. Approaches to
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implementation of state regulation are different, but the purpose of this activity is to increase effective use capital.
Literature
1. the federal law dated January 12, 1996 No. 7-FZ “On non-profit organizations"(as amended on December 30, 2006) // Collection of legislation of the Russian Federation. - 1996. - No. 3. - Art. 145.
2. Federal Law of December 26, 1995 N 208-FZ (as amended on June 29, 2015) “On Joint Stock Companies”
3. Gospodarsky Code of Decoration. Decree Law, Code 01/16/2003 No. 436-IV//http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?nreg=436-15.
4. Law of Ukraine “On simplification of the procedure for establishing enterprises” with additions and amendments dated April 21, 2011 No. 3263-VI// http://zakon5.rada.gov.ua/laws/show/3263-17
5. Bagaryakov A. State corporations: work experience and prospects // RISK: resources, information, competition. 2011. - No. 3. - Part 1. - P. 223-229.
6. Kalmykova T. N. The role of state corporations in the consolidation of Russian capital // Business. Education. Right. Bulletin of the Volgograd Institute of Business. 2013. - No. 3. - P. 50-54.
7. TheWorldFederationofExchanges. Official site [ Electronic resource]. - Access mode: http://www.world-exchanges.org/home/
8. Official website of the “Sovereign Main Decoration Fund”. - [Electronic resource]. - Access mode: http://www.spfu.gov.ua/spfu.gov.ua/ default.aspx
9. http://buhgalter911.com/Res/Spravochniki/MinimalniyUstavnoyFond.aspx
Topic 5. State regulation of the activities of enterprise associations
5.1. Government regulation of corporations
5.2. Antimonopoly regulation in the corporate sector
5.3. Regulation of Ukrainian corporate models
Control questions and tasks
One of the most important elements external sphere corporate governance is government regulation of the corporate sector. In general, government regulation as one of the areas of corporate governance goes beyond just management state enterprises and corporate-type business companies. By creating an integral organizational and legal basis for the functioning of the economy, the state, one way or another, regulates the diverse aspects of the activities of corporate enterprises.
However, this approach is quite broad, so we will focus on the areas of activity of government bodies that relate to directly regulating the activities of corporate business entities.
First of all, it should be noted that government regulation is carried out bodies of general and special competence. This approach is typical for almost all countries of the world. At the legislative level, legal acts are issued that are valid law and regulate the general principles of functioning of the corporate sector. The system of state regulation includes Laws adopted by the Verkhovna Rada, Decrees of the President of Ukraine, Resolutions of the Cabinet of Ministers. In Ukraine at the organ level special competence these are: decisions and orders of the Antimonopoly Committee, Securities and Stock Market Commissions.
The activities of corporate business entities have long been regulated Laws of Ukraine “On Business Companies” and “On valuable papers ah and the stock exchange." These laws were adopted back in 1991, with numerous amendments, they were in force until 2008, until a special Law “On Joint Stock Companies”. Since joint stock companies are also enterprises - legal entities, they are subject to the same regulatory framework as other enterprises. Like other enterprises, they maintain balance sheets and reporting, maintain statistical reporting and submit it in the established volume and order to the state statistics bodies. Moreover, the obligatory norm is that the reliability and completeness annual balance and the financial statements of the company must be confirmed by the auditor (audit firm).
Check financial activities companies, like other enterprises, carry out state tax inspectorates , other government bodies within their competence, audit bodies of the company And audit organizations. Moreover, it is normatively determined that inspections should not disrupt the normal functioning of society, although in practice such a norm is difficult to comply with.
An important area of corporate governance on the part of the state is state regulation of the securities market. This regulation provides for the implementation of a single public policy in the field issue and circulation of securities and their derivatives. State regulation creates conditions for effective mobilization and placement by securities market participants financial resources, obtaining information by securities market participants on the conditions of issue and circulation of securities. The Ministry of Finance controls the results of financial and economic activities of issuers, the volume and nature of agreements with securities and other information, which affects the formation of prices on the securities market, ensuring equal opportunities for issuers, investors and intermediaries to access the securities market. Guaranteed ownership rights to securities, protection of the rights of stock market participants, compliance by securities market participants with the requirements of legislative acts, prevention of monopolization and creation of conditions for the development of fair competition in the securities market, control of the transparency and openness of this market are ensured.
The functions of government regulation include the following:
· creation of a system for protecting the rights of investors and monitoring compliance with these rights by issuers of securities and persons who carry out professional activities in the securities market;
· control of the reliability of information provided by issuers and persons carrying out professional activities in the securities market to regulatory authorities;
· issuance of special permits (licenses) to carry out professional activities in the securities market and control of these activities;
· prohibition and termination of certain period professional activities in the securities market in the absence of special permission (licenses) for this activity and prosecution for carrying out such activities in accordance with current legislation.
As a rule, administrative and even criminal liability is established for failure to comply with legal requirements.
State regulation of the corporate sector and control of the activities of participants in the corporate sector are carried out by State Commission for Securities and Stock Market, Antimonopoly Committee, State Property Fund and others within the limits of their powers .
In Ukraine, there is a coordinating body for the activities of government bodies on the functioning of the securities market - Coordination Council, which includes heads of government bodies who, within the boundaries of their competence, exercise control and other management functions regarding the stock market and investment activities in Ukraine. Heads the Coordination Council Head of the State Commission for Securities and Stock Market.
Main body special competence is State Commission on Securities and Stock Market– a state body that has a central apparatus and territorial bodies.
The State Commission for Securities and the Stock Market performs a number of tasks. Main among them are:
· establishing requirements regarding the issue and circulation of securities and their derivatives;
· information on the issue and placement of securities, including foreign issuers (taking into account the requirements of the currency legislation of Ukraine), which issue and place securities on the territory of Ukraine;
· establishing the procedure for registering the issue of securities and information about their issue, in agreement with the National Bank of Ukraine;
· additional requirements regarding the issuance of securities by commercial banks.
The Commission establishes the procedure and gives permission to carry out activities for the issuance and circulation of securities, for depository registration, settlement and clearing activities with securities and other special permissions provided for by law individual species professional activities in the securities market. Revokes these authorizations if there is a violation of securities laws. Establishes the procedure for preparing reports by securities market participants in accordance with current legislation. Determines, in agreement with the Ministry of Finance, the features of maintaining records of securities transactions, establishes the procedure and carries out state registration of stock exchanges and over-the-counter trading and information systems, appoints state representatives to stock exchanges, in depositories and trading information systems. Coordinates work on training specialists on stock market issues, establishes qualification requirements to persons who carry out professional activities in securities.
Negative consequences of business and the role of the state in the economy. Government bodies that regulate and supervise corporate activities. Direct government control over corporate activities. Indirect influence of the state on the activities of corporations.
Subject. The concept of corporate law of the Russian Federation. Rules governing corporate relations and their sources (4 hours)
Questions:
1. The concept of “corporation” and its characteristics. Socio-economic nature of corporate relations.
2. Concept and features of corporate law. The place of corporate law in civil law.
3. Subject of corporate law. Correlation with the subject of civil law.
4. Corporate law method. Correlation with the method of civil law.
5.Functions of corporate law.
6. System of corporate law. Elements of the corporate law system. The relationship between corporate law and the branches of Russian private and public law.
7. The concept of norms governing corporate relations. Corporate norms and centralized norms, their relationship.
8. Signs of corporate norms. Their structure.
9. Signs of centralized norms. Their structure.
10. The concept of the source of corporate norms, types.
11. Sources of centralized norms regulating corporate relations.
12.Corporate rule-making.
13. Concept and principles of corporate rulemaking.
14. Types of corporate rulemaking.
Subject. Subjects of corporate relations (4 hours).
Questions:
1. System of corporations in the Russian Federation. Their legal personality.
2. Constituent documents of corporations.
3. The relationship between the legal status of general partnerships and limited partnerships.
3.1. General provisions.
3.2. Rights and obligations of participants.
3.3.Management.
4. Correlation of the legal status of LLC and ALC.
4.1.General provisions.
4.2. Rights and obligations of participants.
4.3.Management.
5. Correlation of the legal status of OJSC and CJSC.
5.1.General provisions.
5.2. Rights and obligations of participants.
5.3.Management.
6. Difference between subsidiaries and dependent companies.
Subject. Property basis of a corporation's activities (4 hours).
Questions:
1. The concept of corporate finance. Authorized capital JSC and LLC: concept, composition, formation procedure. Distribution of profits in a corporation. Dividends.
2. Funds and reserves of the corporation. Tax planning in corporations. Financial statements corporations.
3. The concept of corporate securities, their types. General characteristics and features of corporate bonds and shares. Types of shares, rights certified by shares.
4. Issue and placement of shares. Circulation of securities, their registration.
Subject. Organizational and managerial foundations of corporation activities (4 hours).
Questions:
1. Concept and principles of corporate governance. Concept and types of corporate bodies. Systems of management bodies of JSC and LLC.
2. General meeting participants of JSC and LLC: powers, procedure for convening and status.
3. Board of Directors ( supervisory board) JSC and LLC: formation procedure, competence and place in the system of corporate bodies.
4. Executive bodies of JSCs and LLCs: types, formation procedure, competence and place in the system of corporate bodies.
5. Concept and goals of corporate control, subjects. Audit commission (auditor): formation procedure and competence. Organization of activities audit commission(auditor).
6. Control over the execution of transactions by the corporation.
7. Concept and types corporate responsibility. Legal liability of a corporation: concept, types. Legal liability officials corporations: concept and types.
Subject. State regulation of corporate activities (2 hours).
Questions:
1. Negative consequences of business and the role of the state in the economy.
2. Government bodies regulating and supervising corporate activities.
4. Direct government control over corporate activities.
5. Indirect influence of the state on the activities of corporations.
Educational and methodological support of the discipline
MAIN LITERATURE:
- Corporate law [Text]: textbook for universities / rep. ed. I. S. Shitkina. - Moscow: Wolters Kluwer, 2008. - 648 p. - UMO stamp "Recommended".
- Kashanina, T.V. Corporate law [Text]: textbook for universities / T.V. Kashanina. - 5th edition, revised and expanded. - Moscow: Jurayt: Higher education, 2010. - 899 p. - (Universities of Russia).
- Legal entities as subjects of civil legal relations // Civil law. Volume 1 [Electronic resource]: textbook / G.N. Chernichkina, V.V. Baranenkov, I.V. Baranenkova and others; edited by G.N. Chernichkina. - Electron. text data. - Moscow: IC RIOR: NIC Infra-M, 2013. – Access mode: http://znanium.com/bookread.php?book=349678
ADDITIONAL LITERATURE
1. Egorova, M.A. Institutional affiliation of the categories “group of persons” and “affiliated persons” [Text] // Lawyer. - 2013. - N 11. - P. 32 - 36.
2. Melnikova, T.V. On the issue of the legal status of a general partnership (using the example comparative analysis Russian and North American law) [Text] / T.V. Melnikova // Lawyer. - 2013. - N 7. - P. 26 - 30.
3. Povarov, Yu.S. Contents of the charter and agreement on the management of a business partnership: current aspects of the relationship [Text] / Yu.S. Povarov // Lawyer. - 2012. -N 18. - P. 14 - 17.
4. Sikachev, M.N. Party to the agreement on the creation of a legal entity: law and practice [Text] // Lawyer. - 2011. - N 1. - P. 24 - 30.
5. Melnikova, T.V. On the issue of the legal status of a general partnership (using the example of a comparative analysis of Russian and North American law) [Text] // Lawyer. - 2013. -N 7. - P. 26 - 30.
Target– consider methods of state regulation of corporate activities. understand the importance of government control and regulation in the economic sphere.
Plan:
1. The concept of state regulation of the economy. Prerequisites for increasing government intervention in the economy.
2. State control over the activities of corporations: general characteristics and types.
3. Legislative means of restricting corporate activities.
1. The concept of state regulation of the economy. Prerequisites for increasing government intervention in the economy.
State regulation of the economy in a market economy is a system of standard measures of a legislative, executive and control nature carried out by authorized government agencies in order to stabilize and adapt the existing social economic system to changing conditions.
According to a number of scientists, increased government intervention in the economy in the conditions intensive development industry is an objective process, predetermined by a number of prerequisites:
Ecological problems– humanity has reached a point where its activities threaten the very existence of man: intensive and extensive use of natural resources upsets the balance in natural environment, which changes the living conditions on earth, making them unsuitable for humans; control over the use of natural resources is only within the power of the state, through the implementation of certain measures, such as: introducing benefits for reducing production, issuing licenses, establishing environmental standards, etc.
Political reasons that do not allow the state to play the role of a passive observer; the strength of the state as social institution depends on the economy; economic decline of various kinds economic crises, make power itself unstable. The state is forced to engage in economic forecasts and take measures in advance against imbalances in economic relations.
Preventing the stratification of society - having proclaimed the principle of universal equality, the state is obliged to take care of the disabled, the elderly, the poor, minors, etc., for which the state must take on the thankless mission of redistributing material wealth - to withdraw part of the produced product from the wealthiest layer of society - entrepreneurs , and distribute it among low-income segments of the population (benefits, shelters, orphanages, earnings indexation system, etc.).
The need for strict control over those areas of business where a threat to the safety of the population is clearly visible; business is increasingly using complex technologies, minor deviations from which can cause significant harm to society, endanger the health and lives of people (production of medicines, transportation by air etc.).
Participation in the global division of labor, belonging to one or another bloc forces the state to predict its economic policy, and also to resort to introducing various kinds of economic restrictions in order to resolve purely political issues in the international arena: economic sanctions, export bans, licenses, duties, etc.
2. State control over the activities of corporations: general characteristics and types.
Direct government control over corporate activities is carried out in several forms:
1. Ownership of state-owned enterprises and organization of their activities. According to the legislation of the Republic of Kazakhstan, it is possible to own enterprises and engage in entrepreneurial activities. The management of these enterprises, mainly dominant in transport, energy, communications, defense, etc., is entrusted to state executive bodies. Thus, by owning state-owned enterprises, the state itself controls their activities.
2. Control over the placement and construction of enterprises. Errors in the location of production can cause significant harm: unemployment on the part of people involved in production, property losses. State bodies, having more information than businessmen, will control the location of enterprises, which will reduce the percentage of errors in the location of production, and will also allow the state to simultaneously implement structural policy, regulate territorial proportions, take care of infrastructure development, social policy, etc. Methods can be either hard (issuing licenses, concluding contracts with construction companies) or soft (giving recommendations for the location of production).
3.Financial assistance or financial participation. These can be private investments (as a rule, directed towards infrastructure development), as well as subsidies and investments issued to both the private sector and state-owned enterprises.
4.Environmental control. It can be represented by the direct implementation of environmental measures, economic incentives and support for environmental activities of enterprises (issuance of subsidies, loans, credits, tax breaks, etc.), regulatory regulation of environmental activities (establishment of environmental standards, payments for pollution environment), practical implementation of these norms (inspection of enterprises, imposition of penalties).
5. Sanitary control. Particular importance here should be given to resolving the issue of subjects of control. Those. There should be no monopolization of one or another area of control in the hands of one government body, since this can serve as a breeding ground for corruption, but departmental disunity in control is also not acceptable.
6.Fire supervision.
7. Product quality control, primarily food and medicine. The best control method in this case is not to levy penalties for defective goods, but the issuance of certificates and licenses confirming the standard to perform a particular type of activity.
8. Licensing system in foreign trade. Issuance by authorized government agencies special permits for the import, export, transit of a certain amount of goods, the free movement of which is not allowed.
9. Establishment of labor and social legislation i.e. in order to preserve human resources establishing limits of use in the rules of rights work force: minimum wages and holidays, maximum working hours, restrictions on the right to dismiss workers, establishing quotas for hiring disabled people, labor protection for women and adolescents, compliance with safety regulations.
10. establishment of labor and social legislation - antimonopoly control, the main measures in this case can and should be quite severe, such as: significant fines, decisions on the liquidation of companies or their reorganization through division, issuance of sales orders components corporations, bans on mergers.
11.price control; in this context, it is most appropriate to use income policy, for example, to set maximum limits for price and wage increases.
12.responsibility to investors, the emergence of this type of state control is predetermined by the problems of existence in the initial stages of the formation of a market economy financial pyramids, as one of the most serious methods of fraud, in which a significant part of the population suffers, therefore, in order to prevent investment manipulation, it has been established this type control.
Thus, direct state control over corporate activities is quite extensive and justified, since the areas to which it extends affect vital public interests. And it was precisely those countries where state paternalism was higher that made the transition to market economy with much greater ease, since more powerful tools were used.
In addition to the direct control means listed above, the state also has those that allow it to have an indirect influence on business activities:
Taxes, which are represented by two types - direct (withdrawn from income or property) and indirect (concern certain transactions and are included in the price of goods - excise taxes, customs duties).
Tax incentives, with the help of which the state determines priorities in the socio-economic development of the country or builds regional policy.
Impact on price and income dynamics, such as restrictions Money in circulation can lead to lower prices, and credit and fiscal measures (increasing taxes, limiting investments and government purchases) lead to limiting demand.
Regulation of employment and professional training of workers, for example, to collect from entrepreneurs a fee for each exempt worker registered at the labor exchange, or, conversely, to pay him a remuneration for hiring the unemployed, as well as by defining a network educational institutions, training specialists in the required professions.
Stimulating the competitiveness of enterprises through a set of government measures aimed at developing one or more industries ( state procurements, support for venture or risky firms).
Implementation of measures to develop the infrastructure of a particular region in order to stimulate the influx of capital into a given area.
Forecasting and providing businesses with the information obtained as a result of forecasting is practically not used in our country, but, for example, in Japan, economic forecasts are published annually, which largely serve as reference material.
Direct and indirect methods of regulating corporate activities are not mutually exclusive, but rather should complement each other.
3. Legislative means of restricting corporate activities.
The limits of corporate regulation are the limits established by law within which corporations are given the opportunity to act independently.
Many means and methods are used to set limits on corporate activities. These include the following.
2. Political norms. They are mainly contained in the Constitution, but may also be contained in the preambles of other normative legal acts. For example, a person is declared the highest value, therefore, corporations cannot establish corporate norms that diminish his rights and freedoms.
3. Program provisions. They are necessary in order to outline the prospect of social development for subjects of law in the regulatory process.
4. Targets that determine the strategy in the process of legal regulation. If the goal social development is to increase the well-being of the people, then increasing the militarization of the economy and switching the activities of most corporations in this direction are unlikely to contribute to achieving the above goal.
5. The tasks of society, the state, enshrined in one or another normative act determine tactics in legal regulation. For example, in the Labor Code of the Republic of Kazakhstan, one of the tasks is to increase the material and cultural standard of living of workers. Consequently, the issue of paying dividends to participants in a joint stock company must be linked to the question of whether wages get wage-earners JSC.
6. Legal principles define the requirements addressed to subjects of corporate activities, expressed in a generalized form.
7. Establishing limits for the exercise of rights; these limits are different in different branches of law.
8. Establishing ways to protect and self-defense the rights of corporations.
9. Fixing time limits (limitation periods, appeals, protests, etc.).
10. Setting standards.
Control questions:
1. What is government regulation of the economy.
2. Which government bodies are involved in regulating business.
3. What means does the state use to directly regulate business.
4. How you can indirectly influence business.
5. How can business activities be legally regulated.
