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State corporations and state-owned companies. On the public status of state corporations Fund for Assistance to Reform of Housing and Communal Services

On October 2, 2016, the position of public law companies and state corporations V Russian Federation.

the status of a public law company is specified,
It has been established that a state corporation is a separate organizational and legal form of a non-profit organization.

Such innovations are provided for “On Public Law Companies in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation” (hereinafter referred to as Law No. 236-FZ). Based on it, it is now possible to determine the similarities and differences between a public company and a state corporation.

Public law company

The legislator established the possibility of creating a non-profit organization in the form of a public law company on September 1, 2014 (subclause 11, clause 3, article 50 of the Civil Code of the Russian Federation). However, he did not specify the legal status of this form. The only clarification was that a public company is a unitary legal entity (paragraph 2, paragraph 1, article 65.1 of the Civil Code of the Russian Federation).

From October 2, the legal status of a public law company was regulated in detail by Law No. 236-FZ. In particular, he revealed the concept of this form (Part 1, Article 2).

Thus, a public law company is a unitary non-profit organization that the Russian Federation:

created according to the rules of Law No. 236-FZ and
endowed with functions and powers of a public law nature so that the company acts in the interests of the state and society.

Peculiarities legal status For clarity, a public company should be considered in comparison with the characteristics of a state corporation.

State Corporation

After September 1, 2014, uncertainty arose as to whether a state corporation should be considered an independent organizational and legal form or not.

a separate form of a non-profit organization (subclause 14, clause 3, article 50 of the Civil Code of the Russian Federation). In particular, it is not a type of public company and not some kind of additional form legal entity;
unitary legal entity (paragraph 2, clause 1, article 65.1 of the Civil Code of the Russian Federation). In other words, no matter how strange it may sound, a state corporation is not a corporation at all (from the point of view of dividing all legal entities into corporate and unitary).

At the same time, separate provisions regulating the activities of state corporations did not appear in the Civil Code of the Russian Federation. This means that the legal status of a state corporation is still determined by:

Article 7.1 of the Federal Law of January 12, 1996 No. 7-FZ “On Non-Profit Organizations” (hereinafter referred to as the Law on Non-Profit Organizations) and
federal laws on the creation of specific state corporations (for example, “On the State Atomic Energy Corporation Rosatom”).

Similarities between a public company and a state corporation

A public company and a state corporation have three main similarities:

both legal entities are unitary non-profit organizations;
founder - Russian Federation;
the highest governing body is the supervisory board (in a state corporation it is also allowed to be called the board of directors).

Differences between a public company and a state corporation

For clarity, the differences should be considered in the form of a table.

Criterion for comparison	Public law company	State corporation
Creation method	Either establishment (creation of a company from scratch) or reorganization of one of three legal entities: 1) state company; 2) a joint stock company with a single shareholder - the Russian Federation; 3) state corporation, with the exception of five corporations: "Development Bank and foreign economic activity(Vnesheconombank)", "Deposit Insurance Agency" "Rostec" "Rosatom" "Roscosmos"	Establishment
Reason for creation	Federal law or presidential decree	the federal law
Founding document		the federal law
Functions and (or) powers	Functions and powers of a public law nature, including: carry out state policy; provide public services; manage state property; modernize and develop the economy; perform control, management and other socially useful functions in certain areas and sectors of the economy; implement particularly important projects and government programs (in particular, on the socio-economic development of regions)	Social, managerial or other socially beneficial functions
Source of property formation	Mandatory source - property contribution of the Russian Federation or property of a legal entity transformed into a public law company. Additional (possible) sources: voluntary contributions; income from the company's activities; other income not prohibited by law	Mandatory source - property contribution of the Russian Federation. An additional (possible) source is income from the activities of the state corporation
Legal status of property transferred to the organization	Property of a public company. However, the company must use the property for the purposes of its business and to perform its functions. The company's supervisory board has the right to transfer part of its property free of charge into the ownership of the Russian Federation	Property of a state corporation. However, the corporation must use the property for the purposes provided for by the law creating it

A state corporation has the characteristics listed in the table, unless the federal law on its creation provides otherwise ().

1. A state corporation is a non-profit organization that does not have membership, established by the Russian Federation on the basis of a property contribution and created to carry out social, managerial or other socially useful functions. A state corporation is created on the basis of federal law.

Property transferred to a state corporation by the Russian Federation is the property of the state corporation.

A state corporation is not liable for the obligations of the Russian Federation, and the Russian Federation is not responsible for the obligations of a state corporation, unless otherwise provided by the law providing for the creation of a state corporation.

In cases and in the manner established by federal law providing for the creation of a state corporation, an authorized capital may be formed at the expense of part of its property. The authorized capital determines the minimum amount of property of a state corporation that guarantees the interests of its creditors.

2. The state corporation uses the property for the purposes determined by the law providing for the creation of the state corporation. A state corporation can carry out entrepreneurial activities only insofar as it serves the achievement of the goals for which it was created and is consistent with these goals.

A state corporation is required to publish annually reports on the use of its property in accordance with the law providing for the creation of a state corporation, unless otherwise provided by the said Law.

The annual report of a state corporation, published taking into account the requirements of the legislation of the Russian Federation on state secrets, must contain information on the implementation of the strategy of the state corporation, other information provided for by the legislation of the Russian Federation and be approved no later than July 1 of the year following the reporting year. The Government of the Russian Federation has the right to establish additional requirements for the content of the annual report of a state corporation, including regarding investment activities.

The annual report of the state corporation is posted on the official website of the state corporation on the Internet information and telecommunications network, taking into account the requirements of the legislation of the Russian Federation on state secrets, commercial secrets no later than two weeks from the date of the decision by the highest management body of the state corporation to approve this report, unless a different period is established by the federal law providing for the creation of a state corporation.

(see text in the previous edition)

The official website of the state corporation on the Internet information and telecommunications network should contain the strategy of the state corporation, the procedure for purchasing goods, performing work, and providing services for the needs of the state corporation.

(see text in the previous edition)

3. The specifics of the legal status of a state corporation are established by law providing for the creation of a state corporation. To create a state corporation, the constituent documents provided for in Article 52 are not required Civil Code Russian Federation.

The law providing for the creation of a state corporation must determine the name of the state corporation, the purposes of its activities, its location, the procedure for managing its activities (including the governing bodies of the state corporation and the procedure for their formation, the procedure for appointing officials state corporation and their release), the procedure for reorganization and liquidation of the state corporation and the procedure for using the property of the state corporation in the event of its liquidation.

3.1. The federal law providing for the creation of a state corporation must provide for the formation of a board of directors or supervisory board state corporation (hereinafter referred to as the supreme management body of the state corporation).

The highest management body of a state corporation may include members who are not state civil servants. The Government of the Russian Federation establishes the procedure for the participation of members of the Government of the Russian Federation and state civil servants in the highest management bodies of state corporations.

The competence of the highest management body of a state corporation includes:

approval of a long-term program of activity and development of the state corporation, providing for the implementation of production, investment and financial indicators, and (or) other document about long-term planning, defined by federal law providing for the creation of a state corporation (strategy for the activities of a state corporation);

approval of a system of remuneration for employees of a state corporation, providing for the dependence of the remuneration of its employees on the achievement of key performance indicators;

determining the procedure for using the profits of a state corporation;

making a decision to transfer part of the property of a state corporation to the state treasury of the Russian Federation.

The federal law providing for the creation of a state corporation may also include other issues within the competence of the supreme management body of the state corporation.

The highest management body of a state corporation has the right to create committees and commissions on issues within its competence for their preliminary consideration and preparation. The procedure for the activities of such committees, commissions and their personal composition are established by decisions on the creation of committees and commissions.

Sergey Kuznetsov. Legal status of state corporations // STATE SERVICE,

2015, №1 (93)

Sergey Kuznetsov, Associate Professor, Faculty of Finance and Banking, Russian Academy of National Economy and Public Administration (119571, Moscow, Vernadsky Avenue, 82). Email: [email protected]~ Kuznetsov
Annotation. The article examines the areas of criticism of state corporations that served as the basis for including the corresponding block of questions in documents on reforming civil legislation and taking measures to reduce the number of state corporations. The main areas of criticism were issues related to the legal nature of state corporations, individual regulation through laws, the lack of constituent documents, the insufficiency of general regulation of state corporations; high risk of corruption, reduction economic efficiency their activities.
Keywords: state corporations, civil legislation, legal entity under public law, public law company.

State corporations are subject to active criticism, although many opponents of this phenomenon are not entirely clear about the legal nature and history of its appearance in legislation. The proposed study summarizes exclusively the legal aspects of criticism of state corporations with the aim of constructing on this basis a “legal map of identified problems” for further development theories of legal entities of public law. The review is structured as a reflection of the stated criticism on any issue and a commentary on it.

State corporations are neither corporations (they have no membership) nor government organizations(being private owners of their property), nor non-profit organizations, because in some cases they are created to carry out entrepreneurial activities.

Critics express the position that when creating state corporations, their real legal nature does not correspond legal form, assigned to them in legislation. At the same time, the organizational and legal forms proposed by the Civil Code of the Russian Federation are considered as dogma. In this case, there is a clear misunderstanding of the legal nature of state corporations, which lies precisely in their public-private origin (public goals through private methods), since entrepreneurial activity in this case it is not a goal, but a means.

Each state corporation is created on the basis of a special federal law, and therefore, unlike all other legal entities, it does not have constituent documents. This is main feature their status.

From the point of view of the doctrine of law and foreign experience, this feature is truly distinctive for legal entities of public law. In this aspect, it makes state corporations similar to government agencies state power, which, being legal entities, also do not have constituent documents, but act on the basis of public acts of legislation. In this case, the fact of legalization of state corporations at the level of law does not in any way detract from their status as a legal entity, but, on the contrary, gives them additional legal authority.

Such criticism organizational form, perhaps, can only be explained by a peculiar civil law bias in the assessment of subjects of law, the primacy of the concept according to which the activities of legal entities are determined exclusively by the Civil Code. However, this does not correspond to reality, since in the Russian Federation a legal situation has long been established in which the activities of public authorities as legal entities are determined by other acts that have public legal content. In line with this criticism lies the thought of V.A. Vaipana on the need for “implementation at the legislative level general principles in relation to similar legal entities. A certain legal matrix must be developed, into which all subjects of law known to us must be entered. And this matrix should be at the level of federal law... Violation of this logic of lawmaking leads to the destruction of the principles of law, distortion of equality of legal opportunities" [Vaipan V.A. On the issue of legal entities of public law. Law and Economics. 2011. No. 3].

There is no general law on state corporations, and the Federal Law “On Non-Profit Organizations” is not enough for uniform regulation. In this regard, unified requirements have not been developed, and each new law on state corporations repeats many provisions of existing laws.

This point should be considered quite logical. A general law on persons in public law will allow regulating a number of legal institutions, about which disputes mainly arise between specialists and politicians. A similar point of view is shared by other experts. For example, V.I. Lafitsky believes that “it is necessary... the publication of a special general law on legal entities of public law, which would establish rules on their special legal capacity... Such a general regulatory legal framework will serve as the basis for the development special laws about certain types or unique legal entities of public law" [Lafitsky V.I. On the issue of legal entities of public law. Journal of Russian Law. 2011. No. 3]. V.V. also writes about the need for a general law. Bondarenko: “The first step could be the legislative consolidation of the concept of dividing economic entities into legal entities of private and legal entities of public law, primarily at the level of codified sources. The next step could be the development and adoption of a special normative legal act defining the legal status of legal entities of public law, establishing the criteria on the basis of which it would be possible to classify a legal entity as a legal entity of public law, etc.” [Bondarenko V.V. Public legal status of state corporations. Legal field modern economy. 2012. No. 2. P. 115]

Assets transferred by the state to a state corporation cease to be an object of state property. The state has neither a real right to this property (unlike federal state unitary enterprises and state institutions), nor rights of obligation in relation to the state corporation itself (unlike a joint-stock company with a state stake or non-profit partnership), therefore such an operation, by its legal nature, is a gratuitous privatization.

In this case, it is necessary to highlight several circumstances at once. Indeed, from the point of view of privatization legislation, the establishment of state corporations is privatization, but only at first glance. The property actually leaves the possession of the Russian Federation, but this act is not final, since the state corporation itself does not have the right to alienate the property of the federation, at least legally, and its legal fate is connected with the fate of the state corporation itself as a legal entity. In turn, the final fate of the state corporation is determined by federal law, that is, by an act of the state. Thus, the property transferred to state corporations is not completely removed from the state’s ownership, since the state always has the right to further dispose of this property. For example, the Russian Nanotechnology Corporation was transformed into a state joint-stock company. That is, comparing the act of vesting state corporations with property with illegal (free) privatization is legally not entirely correct.

This approach is associated with the doctrinal position that the only subject of disposal of federal property is the Government of the Russian Federation. In fact, a situation of multi-subject disposal of federal property has long been established. The right of the Federal Assembly to dispose of state property through legislative procedure is also not disputed.

Consequently, from a legal perspective, it would be more correct to raise the question not about the illegality of privatization through the transfer of property to state corporations (legal entities of public law) on the basis of federal law, but about the legislative codification of improving the forms and methods of managing federal property. Within the framework of such a paradigm, on the one hand, the state has an additional level of mobility when it implements economic activity, and on the other hand, property objects will not leave the jurisdiction of the state.

Transferring ownership of state property increases the risk of corruption.

In itself, such an accusation brought against the organizational and legal form is quite contradictory, since corruption is promoted not by the very fact of transfer of property, but by the legal procedures of this act and the regime of subsequent use of the property. As for state corporations, the problem boils down to insufficient control over their use of state property. It is the lack of proper control that legal scholars refer to when criticizing state corporations: “... in comparison with state unitary enterprises, the property of state corporations is practically removed from direct state control” [Dubovtsev D. Do Russian state corporations have a future? Federalism. 2012. No. 2 (66). P. 168]. The analysis revealed a number of areas that make it possible to remove the assets of a state corporation from its ownership. T.V. Bondar notes as the main feature of the “state corporate ownership lack of natural motivation among its subjects to effective activities» [Bondar T.V. State corporation as an organizational way of realizing state property. News of the Irkutsk State Economic Academy. (Baikal State University economics and law), ( electronic journal). 2012. No. 2. P. 30], which significantly reduces the efficiency of this form of ownership. Many researchers point to the need to introduce “performance indicators that make it possible to objectively evaluate the work of enterprise management, as well as mechanisms that establish management responsibility for the results of the organization’s work” [Bagaryakov A. State corporations: experience and prospects. Risk: resources, information, supply, competition. 2011. No. 3. P. 229]. In order for the heads of state corporations, who are essentially officials, to ensure socially beneficial results from the activities of these organizations, “it is necessary to pay due attention to their organizational and legal status... It seems possible to create an institution of legal entities of public law, which will include state corporations. These legal entities must be regulated by administrative law” [Adarchenko E.O. State corporations as a type of legal entities of public law. Administrative and municipal law. 2012. No. 7. P. 15].

Let's consider specific examples possible corruption risks.

Gratuitous financing. Some corporations (Rosnanotech, Russian Technologies, FSR Housing and Communal Services) have (had) the right to allocate funds to various recipients on the basis of gratuitous financing, which makes so-called “kickbacks” possible.

Issuance of preferential loans. The non-profit status of state corporations allows them to issue preferential loans for targeted activities at a rate significantly lower than the market rate, which can bring profit even from assets of average profitability. Part of this profit goes to the managers of state corporations who made the decision to issue a loan. The risks associated with issuing preferential loans and gratuitous financing are aggravated by the fact that potential recipients of these funds actually do not have the ability to rationally absorb large amounts of money in a short time.

Depositing funds into authorized capitals subsidiaries and dependent companies. Co-founders of such subsidiaries may become private enterprises, including those registered abroad, in offshore zones and ultimately owned by the corporation’s managers. Thus, budget money ends up in the ownership of private companies not controlled by the state.

Lease of assets on preferential terms. Tenants are usually enterprises that formally belong to the areas of activity for which this state corporation was created to support. In reality, nothing will prevent them from subleasing assets at real market rates, sharing the resulting profits with the managers of the state corporation.

Purchases at inflated prices. Control over procurement of state corporations is much weaker than control over procurement government agencies And commercial organizations With state participation. This allows managers to purchase goods at inflated prices, receiving kickbacks from suppliers for this. Such schemes are possible not only when purchasing material assets, but also when hiring personnel, concluding insurance transactions, etc.

Inflated costs for construction and repairs. Construction and renovation expenses are an area of increased risk of abuse even in the conditions of an optimal institutional structure of the organization. Each construction and renovation project is unique to a certain extent, and therefore only the manager directly supervising the project can accurately assess the reasonableness of the associated costs. Under these conditions, there is an incentive for managers to spend obviously excessive amounts by using pocket contractors or colluding with them.

Issue of debt securities with increased yield. Some state corporations have been given the right to issue debt securities– bonds and bills. At the same time, managers have every opportunity to make the cost of these securities very low (the profitability, accordingly, high), and the procedure for their placement – extremely closed and focused on a narrow circle of close people. Thus, a state corporation can systematically pay significant amounts to the holders of these securities.

Stock market manipulation. A “timely” leak of information about exactly which securities the corporation will invest its temporarily free funds in will allow both the stock exchange speculator who received this information and the organizer of the leak to make a big profit. The state corporation itself, having allowed such a leak, will be forced to buy securities at increased prices or sell at reduced prices, since the dissemination of information on the market will change prices before the corporation begins to carry out planned operations.

It should be noted that in many ways this thesis is hypothetical: with the adoption of amendments to the Federal Law “On the Accounts Chamber of the Russian Federation” in 2010, state corporations were introduced into the supervisory powers of the Accounts Chamber.

For state corporations, the law establishes a rule on the intended use of their property, which is inherent in institutions.

This provision does not take into account the completely clear norm of paragraph 3 of Art. 12 of the Civil Code of the Russian Federation, which precisely determines that the law may establish specific features of the exercise of the right to use, own and dispose of property owned, including by the federation. The indication of the intended use of the property of state corporations refers precisely to the peculiarities of its use.

The issue of using the property of state corporations to support their activities (salaries of employees, entertainment expenses, acquisition of property, etc.) has not been resolved.

The lack of a clear legislative solution to this issue largely gives rise to accusations of the special corruption potential of this organizational form. However, the non-distribution of profits among participants - a fundamental feature that makes this organizational and legal form similar to non-profit organizations - is not equivalent to the concept of “disorderly use of profits”. It is obvious that the property of state corporations received from the Russian Federation cannot but be used to support their own activities.

At the same time, the legislation on state corporations outlined different approaches to this issue. For example, for the Deposit Insurance Agency, financing of expenses is provided strictly according to the estimate, and the deposit insurance fund, where the income is directed, is separated from its other property. The Fund for Assistance to Housing and Communal Sector Reform also provides for approval of the estimate. Other state corporations, by decision of the highest management bodies, have the right to form target reserves (funds) as part of their property.

General rules on the status of state corporations contain various and numerous exceptions from the general status of legal entities: in particular, they are not subject to the general obligation non-profit organizations periodically submit to the authorized body a report on its activities and the use of its property.

This exclusion from the legal status of non-profit organizations in practice resulted in a number of serious claims about the lack of control over the activities of state corporations in general. So, V.A. Vaypan emphasizes that special regulation should take place only on the basis of existing general regulation [Vaipan V.A. On the issue of legal entities of public law. Law and Economics. 2011. No. 3. In this sense, general rules on reporting of state corporations can be provided for in common law on the activities of legal entities of public law, which can be specified in special laws.

Until 2010, the legal situation was described as follows: property is transferred by the state to the ownership of a state corporation, therefore its activities are not subject to the control powers of the Accounts Chamber of the Russian Federation. Other control mechanisms also turned out to be ineffective: there is no separate government department to which state corporations are subordinate, and there is also no department for control of state corporations. Changes adopted in 2010 to the Federal Law “On the Accounts Chamber” made it possible to make the activities of state corporations completely transparent to the state.

In fact, a state corporation is not an organizational and legal form of a legal entity from the standpoint of the Civil Code and civil law in general, but a special way of creating legal entities that are unique in their legal status.

This provision indicates that the nature of public legal entities is no longer an absolute novelty for the Russian scientific community. At the same time, the creation of subjects of law, which by their legal nature are public-private, continues to be regarded as a negative fact, although the introduction of a new category of legal entities into the Russian legal system should, on the contrary, be assessed exclusively on the positive side.

The very economic feasibility of this organizational and legal form is being questioned.

The main thesis of this point of criticism is based on the contradictions in the activities of state corporations. Some researchers, for example, K.S. Stepanov, note that in state corporations there are still contradictions between the commercial nature of the companies forming the corporation and the legal requirement for their non-profit nature. “In the process of creating the corporations in question, their goals were replaced (development high-tech products) the desire to take a monopoly position in the market when forming a government order and establish a price monopoly” [Stepanov K.S. State corporations: external effects and contradictions of development. VSU Bulletin. Series: economics and management. 2011. No. 2. P. 42–43.], which aggravates an already serious problem for our country - the problem of competition.

However, it should be emphasized that such logic is based on the commercial essence of a state corporation; meanwhile, it combines the features of an administrative body with the activities of an economic entity, which is its “generic” feature. Hence all the misunderstandings in determining the effectiveness of its activities as an exclusively economic entity.

Literature

Adarchenko E.O. State corporations as a type of legal entities of public law. Administrative and municipal law. 2012. No. 7.

Bagaryakov A. State corporations: experience and prospects. Risk: resources, information, supply, competition. 2011. No. 3.

Bondarenko V.V. Public legal status of state corporations. Legal field of modern economy. 2012. No. 2.

Bondar T.V. State corporation as an organizational way of realizing state property. News of the Irkutsk State Economic Academy (Baikal State University of Economics and Law), (electronic journal). 2012. No. 2.

Vaypan V.A. On the issue of legal entities of public law. Law and Economics, 2011. No. 3.

Vinnitsky A.V. On the need to legislatively consolidate the institution of legal entities of public law. Journal of Russian Law. No. 5, 2011.

Dubovtsev D. Do Russian state corporations have a future? Federalism, 2012. No. 2 (66).

Lafitsky V.I. On the issue of legal entities of public law. Journal of Russian Law. No. 3. 2011.

Stepanov K.S. State corporations: external effects and contradictions of development. VSU Bulletin. Series: economics and management. 2011. No. 2.

This criticism was expressed before the reform of state corporations began.

State corporation- a non-profit organization that does not have membership, established by the Russian Federation on the basis of a property contribution and created to carry out social, managerial or other socially useful functions. A state corporation is created on the basis of federal law. Property transferred to a state corporation by the Russian Federation is the property of the state corporation. A state corporation is not liable for the obligations of the Russian Federation, and the Russian Federation is not responsible for the obligations of a state corporation, unless otherwise provided by the law providing for the creation of a state corporation.

Features of legal status

The Civil Code is created on the basis of federal law.

The property transferred to the Civil Code by the Russian Federation is the property of the Civil Code, that is, it is not state property (this distinguishes the Civil Code from federal state unitary enterprises). Thus, control over the property of the Civil Code is removed from the supervision of the Accounts Chamber of the Russian Federation.

The Civil Code is not liable for the obligations of the Russian Federation, and the Russian Federation is not liable for the obligations of the Civil Code, unless otherwise provided by the law providing for the creation of the Civil Code.

A civil corporation differs both from JSCs with a predominant state participation and from state unitary enterprises (FSUEs): in particular, a civil corporation is not subject to information disclosure provisions mandatory for public JSCs, as well as the bankruptcy law; Unlike federal state unitary enterprises, civil corporations are removed from the control of a number of government bodies.

The Civil Code is not obliged to submit to government bodies documents containing a report on their activities (with the exception of a number of documents submitted to the government of the Russian Federation). In particular, government agencies, without the consent of the Civil Code, cannot:

request the corporation's management bodies for their administrative documents;

request and receive information about the financial and economic activities of the corporation from state statistics bodies, the federal executive body authorized for control and supervision in the field of taxes and fees, and other government supervision and control bodies, as well as from credit and other financial organizations;

send representatives to participate in events held by the corporation;

carry out inspections of the compliance of the corporation’s activities, including the expenditure of funds and the use of other property, with the purposes provided for by its constituent documents, in the manner determined by the federal executive body exercising the functions of legal regulation in the field of justice;

in the event of a violation of the legislation of the Russian Federation or the commission of actions by the corporation that are contrary to the goals provided for by its constituent documents, issue it a written warning indicating the violation and the deadline for its elimination;

establish the conformity of the expenditure of funds and the use of other property by corporations with the purposes provided for by their constituent documents.

State corporations are not subject to the provisions of Federal Law No. 127-FZ “On Insolvency (Bankruptcy)”. But if a state corporation uses state land, then there are formal grounds for control by the Accounts Chamber. For example: “monitoring the effectiveness and compliance with the intended use of state property ( land plots), being used by the Civil Code..." In addition, Article 12 of the Federal Law "On the Accounts Chamber of the Russian Federation" includes organizations in the scope of control powers, in terms of tax, customs and other benefits and advantages granted to them. The procedure for forming a state corporation, that is, the property contribution of the Russian Federation, is the advantage on the basis of which specified organizations are subject to control by the Accounts Chamber of the Russian Federation. The subject of control is the effectiveness of managing the property contribution of the Russian Federation.

State corporations are not subject to the provisions of Federal Law No. 94-FZ on public procurement, which allows state corporations to hold competitions and auctions for the purchase of goods, works and services in any order.

Control over the activities of the Civil Code is carried out by the Government of the Russian Federation on the basis of the annual submission by the corporation of an annual report, an audit report on the maintenance accounting and financial (accounting) statements, as well as conclusions audit commission based on the results of an audit of financial (accounting) statements and other documents of the corporation. Any other federal government bodies, government bodies of constituent entities of the Russian Federation, bodies local government has no right to interfere in the activities of corporations. The Civil Code is not obliged to publish these reports.

The specifics of the legal status of a state corporation, including the procedure for appointing a director, are established by law providing for the creation of a state corporation (according to most laws of this kind, the head of a civil corporation is appointed by the President of the Russian Federation).

In the second half of 2007, the process of creating various state corporations accelerated; in particular, the state corporations “Fund for Assistance to the Reform of Housing and Communal Services”, “Rostechnologies”, “Rosnanotech”, “Olympstroy” were created or planned to be created. The Development Bank (former VEB) was created in the form of a State Corporation. The Deposit Insurance Agency was created in the form of a state corporation. A number of officials and politicians spoke in favor of creating state corporations in the fields of fisheries, housing construction, road construction, drug supply, and machine tool manufacturing. At the same time, the state-owned United Aircraft Corporation and United Shipbuilding Corporation were created in the form of an OJSC, not a State Corporation.

R ub. 2,000.00

A completed thesis on civil law on the topic “Legal status of state corporations.” this work carried out taking into account changes in Russian legislation as of November 2009. The individuality of this work when checked in the Anti-Plagiarism system is 71%.

Description

Introduction
Chapter I. Concept and features of state corporations as subjects of civil law relations
1.1 general characteristics regulatory framework of the Russian Federation dedicated to state corporations
1.2. Concept and characteristics of state corporations
1.3. The procedure for the creation, reorganization and liquidation of state corporations
Chapter II. General characteristics of state corporations and their activities
2.1. General position modern state corporations in the Russian Federation
2.2. Specifics of legal regulation of state corporations
2.3. Prospects for the development of Russian legislation using the example of state corporations
Conclusion
Bibliography

The diploma in civil law on the topic “Legal status of state corporations” was written in November 2009.

The volume of work is 70 pages.

Introduction

The relevance of the topic of the thesis. The rapid development of the Russian economy during the period of rising oil and gas prices, the active attraction of foreign investment into the Russian economy in 2000-2008, as well as the relative stability of the global economy, allowed To the Russian Government accumulate huge financial resources that were allocated to various expensive social projects (For example, national project affordable housing), complex infrastructure projects(Preparation for the APEC summit in 2012 in Vladivostok and the Winter Olympics in Sochi in 2014). The above and other strategic projects that require large financial investments require, among other things, high efficiency management organizational structures using budget funds. As a result, it was decided not to use the form unitary enterprise or a joint stock company, but to create state corporations endowed with the broadest powers, which, in the opinion of the state authorities, are capable of solving the grandiose tasks planned by the Government of the Russian Federation.

Using government corporations to solve strategic projects The Russian state was motivated by the viability of the first state corporation in Russia, the Deposit Insurance Agency, created in 2003. This state corporation effectively influenced the development of the banking sector and also manages significant financial resources.

At the beginning of the year 2008, the state corporation's deposit insurance fund increased to 68 billion rubles. This is more than 5 percent of insured deposits, which corresponds to the adequacy ratio recognized in international practice. In 2007, the profitability of placing temporarily free funds of the fund amounted to 7.2 percent. Profit from investment made it possible to increase the deposit insurance fund by about 2.7 billion rubles. According to the head of the state corporation A. Turbanov, the cash reserves of the Deposit Insurance Agency will increase to 95-97 billion rubles by the end of 2008.

Conclusion

A state corporation is a new subject of law, whose legal capacity is exercised primarily in the areas of civil and administrative law.

Public origin, close managerial ties with the state and overall managerial appearance are the framework for the status of a state corporation. Original property regime and “free floating” in market relations- civil law features. Obviously, state corporations are subject to mixed legal regulation. In any case, that’s what we will call it until the status of public legal entities is fully regulated within the framework of public law.

The very emergence of state corporations indicates an increase in the direct participation of the state in economic relations. “To a certain extent, a significant adjustment of the liberal course has been demonstrated economic development countries aimed at strengthening the public sector of the economy.” Of course, state corporations are another conductor of the state’s economic policy, and this requires consolidating their special connection with the state.

The most common reasons for creating public corporations in the world are economic crisis, shortage of goods and services of public importance, their low quality or inflated prices, the need to weaken the country’s historical dependence on foreign capital. Therefore, state corporations are a new subject link in carrying out public policy in one area or another. They are a consequence of deregulation, since they must, on the one hand, fit into the market system, and on the other, implement management functions, “unloading” the state.

Bibliography

I. Regulatory legal acts and materials of judicial practice

II. Special and journalistic literature