Syndicate(from Gr. syndikos - acting together) - a term originally referring to trade unions (trade unions). At a later time, a syndicate is an organizational form of a monopolistic association, in which the companies included in it lose their commercial marketing independence, but retain legal and industrial freedom of action. In other words, in a syndicate selling products, the distribution of orders is carried out centrally.
They were widespread in pre-revolutionary Russia. International syndicates sprang up. A classic example is the De Beers diamond syndicate, which has concentrated in its hands the sale of almost all rough diamonds mined in the world. Russia, like many other countries, is forced to cooperate with this syndicate. So far, he has the ability to put pressure on outsiders who are trying to trade in diamonds on their own, up to their complete ousting from the market. In many countries of the world, laws have been passed against any form of monopoly associations that have an inhibitory effect on the development of the economy.
In present Russian, the word syndicate may refer to the following:
Group of financial institutions
trade unions
Lottery Games Syndicate
team participating in the America's Cup
Conglomerate(from lat. conglomerates - accumulated, collected) - a legal entity (holding), which includes companies engaged in entrepreneurial activities in various sectors of the economy. Conglomerates are mainly inherent in emerging markets (India, China, Russia, Latin America), in the BRIC countries, as well as diversified companies.
As a rule, conglomerates are formed by the acquisition by a large company of several dozens of small and medium-sized firms of various industries and fields of activity that do not have production, marketing or other functional ties among themselves.
Conglomerates are public companies whose shares are traded on stock exchanges (LSE, NYSE).
Conglomerate shares are usually traded at a discount to their net asset value (NAV).
One of the most famous conglomerate companies is General Electric.
Holding(from English holding "ownership") - a set of the parent company and its subsidiaries controlled by it. In the Russian Federation, it is more correct to say a holding company. In addition to simple holdings, which are one parent company and one or more subsidiaries controlled by it (which are said to be "sister" companies in relation to each other), there are more complex holding structures in which subsidiaries themselves act as as parent companies in relation to other (“granddaughter”) companies. At the same time, the parent company, which is at the head of the entire structure of the holding, is called the holding company.
The control of the parent company over its subsidiaries is carried out both through a dominant participation in their authorized capital, and through determining their economic activities (for example, by performing the functions of their sole executive body), and in another way prescribed by law.
Characteristic features of the holding
1. The concentration of shares of firms in various industries and sectors of the economy or firms located in different regions.
2. Multistage, that is, the presence of subsidiaries, grandchildren and other related companies. Often a holding is a pyramid headed by one or two firms, often of different nationalities.
3. Centralization of management within the group by developing a global policy by the parent company and coordinating the joint actions of enterprises in the following areas:
development of a unified tactic and strategy on a global scale;
reorganization of companies and determination of the internal structure of the holding;
implementation of intercompany relations;
financing of investments in the development of new products;
provision of consulting and technical services.
Holding types
1. Depending on the method of establishing control of the parent company over subsidiaries, there are:
property holding, in which the parent company owns a controlling stake in the subsidiary;
contractual holding, in which the parent company does not have a controlling stake in a subsidiary, and control is exercised on the basis of an agreement concluded between them.
2. Depending on the types of work and functions performed by the parent company, there are:
a pure holding, in which the parent company owns controlling stakes in subsidiaries, but does not conduct any production activities itself, but performs only control and management functions;
a mixed holding in which the parent company conducts business activities, manufactures products, provides services, but at the same time performs managerial functions in relation to subsidiaries.
3. From the point of view of the production relationship of companies, there are:
an integrated holding in which enterprises are connected by a technological chain. This type of holdings has become widespread in the oil and gas complex, where, under the leadership of the parent company, enterprises for production, transportation, processing and marketing of products are combined;
a conglomerate holding uniting dissimilar enterprises that are not connected by a technological process. Each of the subsidiaries conducts its own business, in no way dependent on other subsidiaries.
4. Depending on the degree of mutual influence of companies, there are:
A classic holding in which the parent company controls subsidiaries by virtue of its predominant participation in their authorized capital. Subsidiaries, as a rule, do not own shares of the parent company, although this possibility cannot be completely ruled out. In some cases, they have small stakes in the parent company;
cross holding, in which enterprises own controlling stakes in each other. This form of holdings is typical for Japan, where the bank owns a controlling stake in the enterprise, and it owns a controlling stake in the bank. Thus, there is a fusion of financial and industrial capital, which, on the one hand, facilitates the enterprise's access to financial resources available to the bank, and on the other hand, gives banks the opportunity to fully control the activities of subsidiaries by providing them with loans.
Holdings examples
Meinl European Land
Germany
MAN AG
Siemens
Voith AG
RosBusinessConsulting
RAO UES of Russia
SIBPLAZ
Agroholding
Gazprom Media
Consortium- organizational form of temporary association of independent enterprises and organizations in order to coordinate their entrepreneurial activities.
A consortium may be formed to carry out a large capital-intensive project or to co-invest in a loan. In international trade, consortiums are formed to fight together for orders.
Within the consortium, the roles are distributed in such a way that each participant works in the field of activity where he has reached the highest technical level at the lowest production costs.
The actions of the participants are coordinated by the leader, who receives deductions for this. Each participant prepares an offer for his share of supplies, from which the general offer of the consortium is formed. The consortium is jointly and severally liable to the customer.
Monopsony(Greek μόνος - one, ὀψωνία - purchase) - a situation in the market when a single buyer interacts with many sellers, dictating the price and sales volume to them.
An example of a monopsony is a labor market where there are many workers and only one firm is the buyer of labor.
Monopsony occurs under the following conditions:
On the labor market, interact, on the one hand, a significant number of skilled workers who are not united in a trade union, and on the other hand, either one large monopsonist firm or several firms united in one group and acting as a single employer of labor;
a given firm (group of firms) hires the bulk of the total number of specialists in a certain profession;
this type of labor does not have high mobility (for example, due to social conditions, geographical disunity, the need to acquire a new specialty, etc.);
the monopsonist firm itself sets the wage rate, and workers are either forced to agree to such a rate or look for another job.
The labor market with elements of monopsony is not uncommon. Especially often such situations develop in small towns, where there is only one large firm - the employer of labor.
With a perfect competitive labor market, entrepreneurs have a wide choice of specialists, labor mobility is absolute, any firm hires labor at a constant price, and the labor supply curve in the industry reflects the marginal cost of hiring a resource - labor. Under monopsony conditions, the monopsonist firm itself personifies the industry, so the labor supply curves for the firm and the industry coincide. But for an individual monopsonist firm, the labor supply curve shows not marginal, but average costs of hiring labor; for a monopsonist, the labor supply curve is an average cost curve (ARC), not marginal.
With regard to exchanges, monopsony can also be false, for example, when at a high price most buyers are not included in the auction.
Examples in Russia
Gazprom in the market of gas delivery to consumers
Transneft in the market of pipeline export supplies of oil
RZD in the traction rolling stock market
Cartel- the simplest form of monopolistic association. Unlike other, more stable, forms of monopolistic structures (syndicates, trusts, concerns), each enterprise included in the cartel retains financial and production independence. The objects of the agreement can be: pricing, spheres of influence, terms of sale, use of patents, regulation of production volumes, agreement on the terms of sales of products, hiring workers. Operates, as a rule, within the same industry. It hinders the functioning of market mechanisms. Subject to antitrust laws. In some countries of the world they are prohibited by law, in others, on the contrary, their formation is encouraged in order to restructure the industry, standardize materials and components, and limit competition between small firms.
Trust(from English trust) - one of the forms of monopolistic associations, in which participants lose their industrial, commercial, and sometimes even legal independence.
The real power in the trust is concentrated in the hands of the board or the parent company.
They were most widely used in the 19th century.
In the USSR, trusts appeared in connection with the NEP. They represented associations of enterprises of the same industry with self-financing. By the Decree of the All-Russian Central Executive Committee and the Council of People's Commissars of April 10, 1923, the trust was defined as
state industrial enterprise, which is granted independence in the conduct of its operations in accordance with the charter approved for them and which operates on the basis of a commercial calculation for the purpose of making a profit"
The "Regulations on State Industrial Trusts" of June 29, 1927, extended the economic independence of the trusts. In the middle of the 1st Five-Year Plan (1929-1934), the trusts turned into an intermediate administrative link.
Concern(German der Konzern) is a financial and industrial group of companies, mainly in the German-speaking countries of Europe and in the Baltic countries. Typical is the preservation of the legal and economic independence of the participants, but taking into account the coordination of the dominant financial structures. Usually, the members of the concerns unite not only economic potential, but also efforts in a market strategy. The main advantage of the concern is the concentration of financial and other resources.
The term "concern" was borrowed from the German language and is inextricably linked with the history of the development of the German economy and the peculiarities of German legislation. However, it is a mistake to think that it was there that the first concerns appeared. It is believed that the first concern in the world and the prototype of future conglomerates was created in Florence by Cosimo de Medici. At the end of the 13th - beginning of the 14th century, a group of his companies had representative offices, including in Iceland and Africa, sent employees and transported goods from Asia along the Great Silk Road, included banks and trading houses. The very concept of concern arose only after a few hundred years. First, exchanges similar to modern ones arose (although the prototypes existed since 1351 in Venice, the first exchange opened in Amsterdam in 1602), then, with the development of industrialization, banking activity intensified and private enterprises began to unite into groups, concerns and conglomerates.
A distinction is made between vertical concerns, horizontal concerns, and mixed concerns (also called conglomerates). Vertical associations are understood as associations of firms covering the entire cycle from the purchase of materials through production to the sale of one specific type of product, for example, the Musterman concern, which deals with all aspects of publishing and the sale of books and other products. Horizontal concerns usually combine similar firms with different clienteles, such as the association of breweries with different types of beer. An important role in the formation of modern concerns was played by the dynamics of the financial markets of the 60s, with typically intermittent ups and downs. This allowed conglomerates to buy up companies at discounted bank loan prices, show good returns on investments, get even more loans and use financial leverage, thus creating a knock-on effect. This is how the American General Electric, the German Siemens, and the Japanese Mitsubishi arose or were strongly developed.
In Russian, the word concern is most often used in relation to multinational financial and industrial groups in Europe, such as Siemens, ThyssenKrupp, Volkswagen, Dräger. Whereas in relation to American entities, the term "group of corporations", "financial group" or FIG is usually used.
Cartel- the simplest form of monopolistic association. Unlike other, more stable forms of monopolistic structures (syndicates, trusts, concerns), it retains financial and production independence. The objects of the agreement can be: pricing, spheres of influence, terms of sale, use of patents, regulation of production volumes, agreement on the terms of sales of products, hiring workers. Operates, as a rule, within the same industry. It hinders the functioning of market mechanisms. Subject to antitrust laws. In some countries of the world they are prohibited by law, in others, on the contrary, their formation is encouraged in order to restructure the industry, standardize materials and components, and limit competition between small firms.
SYNDICATE(from Gr. syndikos - acting together) - an organizational form of a monopolitical association, in which the companies included in it lose their commercial marketing independence, but retain legal and industrial freedom of action. In other words, in a syndicate selling products, the distribution of orders is carried out centrally.
Trust(from English trust) - one of the forms of monopolistic associations, in which participants lose their industrial, commercial, and sometimes even legal independence.
The real power in the trust is concentrated in the hands of the board or the parent company.
They were most widely used in the 19th century.
Concern(German derKonzern) is a financial and industrial group of companies, mainly in the German-speaking countries of Europe and the Baltic countries. [source not specified 116 days] It is typical to preserve the legal and economic independence of the participants, but taking into account coordination by the dominant financial structures. Usually, the members of the concerns unite not only economic potential, but also efforts in a market strategy. The main advantage of the concern is the concentration of financial and other resources.
20. Offer. The law of supply and factors affecting supply.
Supply is the willingness of firms, manufacturers and sellers of goods to provide a certain amount of goods on the market at a given price. The price and quantity of goods here change and interact in the same direction: an increase in price will cause an increase in the number of goods offered for sale; and vice versa, a downward trend in price means the need to reduce production and supply of goods to the markets.
Each of the series of prices that determine the offer will be called the offer price. Between the price and the quantity of the product there is a direct positive relationship, consisting in the fact that, other things being equal, with an increase in the price, the quantity supplied also increases, and with a decrease in the price, the supply decreases. This dependence is called the law of supply, which can also be represented graphically. The supply schedule is called the supply curve (Figure 1).
Figure 1 - Supply curve
The curve is constructed in the supply (S) - price (P) coordinate system: when the price decreases, the number of producers selling their goods decreases, and vice versa, when it increases, it increases.
1.3 Factors affecting supply
supply non-price market
An offer is all goods and paid services presented for direct sale. The cost of these goods and services characterizes the value of the supply.
There are non-price factors that affect the amount of supply.
Non-price supply drivers shift the entire supply curve, the most important of which are:
resource prices;
level of production technology;
taxes and subsidies;
prices for interchangeable (mutually complementary) goods;
sellers' expectations on the dynamics of demand, prices, income, etc.;
number of sellers.
Prices of resources used in the production of goods. The more an entrepreneur has to pay for labor, land, raw materials, energy, etc., the lower his profit and the less his desire to offer this product for sale. This means that with an increase in prices for the factors of production used, the supply of goods decreases, and a decrease in prices for resources, on the contrary, stimulates an increase in the quantity of the goods offered at each price, and the supply increases.
Technology level. Any technological improvement, as a rule, leads to a reduction in resource costs (lower production costs) and is therefore accompanied by an expansion in the supply of goods.
Taxes and subsidies. Taxes affect the expenses of entrepreneurs. An increase in taxes means an increase in production costs for the firm, and this, as a rule, causes a reduction in supply; reducing the tax burden usually has the opposite effect. Subsidies lead to lower production costs, so an increase in business subsidies certainly stimulates the expansion of production, and the supply curve shifts to the right.
The prices of other goods can also affect the supply of a given good. For example, a sharp increase in oil prices can lead to an increase in the supply of coal.
Manufacturers' expectations. Thus, producers' expectations of a possible price increase (inflationary expectations) have an ambiguous effect on the supply of goods. The offer is closely connected with investments, and the latter sensitively and, most importantly, unpredictably react to market conditions. However, in a mature market economy, the expected rise in prices for many goods causes a revival in supply
The situation in which there is only one seller in the market is rare. Much more often, the industry is dominated by a few large manufacturers (suppliers). It becomes profitable for them to create an alliance that occupies a monopoly position in the market (a monopoly based on collusion). The types (forms) of such monopolistic associations can be pools, cartels, syndicates, trusts and concerns.
Historically, three main forms of unions have developed: cartels, syndicates and trusts (Table 1.). The main differences between them are the breadth of the participants' agreements and the scale of their associations.
Table 1
The main forms of monopolistic unions
CARTEL is an agreement between several enterprises on the division of markets, that is, setting prices for goods for all participants, the conditions for hiring labor, exchanging patents, delimiting sales markets and derivative quotas (who produces how much) of each participant in the total volume of production and sales. Its purpose is to increase prices (above competitive levels), but not to limit production and supply chain activities. The cartel rarely controls the entire market, because it is forced to take into account the policy of non-cartelized enterprises. In addition, cartel members have a rather powerful temptation to deceive their partners by lowering prices or actively advertising their product, which creates conditions for capturing a part of the market. Another way to covertly establish monopoly prices is the so-called LEADERSHIP IN PRICES. Its essence is that when the leading firm in the industry undertakes the desired price change, other firms “silently” follow it.
The cartel form of monopoly associations is most widespread in Germany. The number of cartels here increased from 300 in 1900 to 2200 in 1943; A striking example of an international cartel is the organization of oil exporting countries - OPEC. She was especially successful (for herself) in the 70s. By negotiating production quantities and prices, OPEC countries dominated the world oil market.
To get additional income, monopolists use other price “tricks”. So, for conjugated, complementary goods (printer and ink to it), a “system of linked prices” is established. The price of the printer is not high, but the ink is overpriced.
Cartel agreements, where they are prohibited, are often entered into by CONCLUSION (without significant formalization). But many cartels are temporary market structures and are rare.
SYNDICATE- this is the merger of a number of enterprises of the same industry with the liquidation of their commercial independence. In a cartel, each member of the association independently sells its products at a price set by the cartel. The syndicate provides for the delivery of all products to the syndicate, which sells it through their sales organizations. Syndicates, as a form of monopolistic associations, were widely developed in Russia until October 1917. One of the first was created Sellameta, officially called the Society for the Sale of Products of Russian Metal Plants. The company united more than 20% of metalworking plants that produced 80% of the entire industry's products. Then organized Roofing, Pipe sale, Nail, Wire, Prodvagon, Copper, Produgol, etc.. Syndicates also arose in light industry, although to a lesser extent.
TRUST- this is the unification of ownership and management of a number of enterprises in one or more industries with the complete elimination of their independence, both in commercial and industrial relations.
When a trust is established, all the enterprises included in it become the property of the trust. And the entrepreneurs who are part of the trust receive a part of the shares of the trust corresponding to the amount of their capital. Trust not only
sells the products of its enterprises, but also completely disposes of them. Thus, trusts are the most powerful and antisocial manifestation of monopoly. It is no coincidence that in most countries of the world they are prohibited by law.
Sometimes so-called concerns can be among the monopolists. CONCERN is an association of a number of enterprises in various sectors of macroeconomics through the establishment of a single financial control - HOLDING through the purchase of their shares. Concerns are the highest form of monopoly associations. Concerns differ from other forms of monopoly associations in the following two ways:
1) they include not only enterprises of various industries, but also transport and trade enterprises, banks and financial organizations;
2) the formation of a concern takes place not by agreement between individual enterprises on the limitation or loss of their independence, but by buying up the shares of many enterprises by entrepreneurs. As a result, these enterprises, although retaining their legal independence, economically fall under the control of these major entrepreneurs.
For example, the German concern "Reinische Stalwerke" in the late 50s of the XX century. controlled 113 companies in the metallurgical, metalworking, machine-building, shipbuilding, chemical industries with a total capital of about 848 million marks. The Italian concern "Fiat" covers 150 companies in the automotive, aviation, engineering and other industries; its assets in 1964 amounted to 1.3 billion dollars, and 124 thousand people were employed at its enterprises.
Many concerns rely on a dense network of small and medium-sized enterprises and achieve high efficiency through flexible capital maneuvering and directing them to the most profitable sectors of the economy.
The simplest monopolistic association is a temporary agreement between individual companies, called a pool. These can be agreements on the price of products manufactured in the industry, on joint actions against competitors that are not included in this association, on the rules of conduct on the market for this product, etc. Since the agreement is temporary, such a monopoly association is unsustainable.
POOL- (from English. pool- a common boiler) - a form of temporary association of a number of independent companies, in which profits go to a common fund (boiler), and then distributed among the parties to the agreement in accordance with predetermined conditions. Table 2 below presents the distinguishing features of the pool.
table 2
2. Concepts of re-import and re-export
REIMPORT goods - a customs regime under which Russian goods previously exported from the customs territory of the Russian Federation in accordance with the export regime are imported back within the time limits established by law without the collection of customs duties and taxes, as well as without the application of economic policy measures to them.
To place goods under the customs regime of re-import, they must simultaneously meet a number of conditions:
Be exported from the territory of the former USSR until 12/31/91, and from the territory of the Russian Federation - from 01/01/92 in accordance with the customs export regime;
Be until the moment of exportation by Russian goods (until 12/31/91) or foreign origin and were released for free circulation on the territory of the Russian Federation (12/31/91) with full payment of all customs duties;
Be imported into the customs territory of the Russian Federation within 10 years from the date of export;
Be in the same condition as they were at the time of export, with the exception of natural wear and tear or loss under normal conditions of transportation and storage.
Natural wear (natural loss) is determined on the basis of norms and standards, as well as other normative and technical documentation in force in Russia.
The use of goods for industrial or commercial purposes outside the country is not an obstacle to their placement under the customs regime of re-import, provided that the above conditions are met.
These goods may also be subjected to operations to ensure their safety, minor repairs, putting in order, provided that their value, determined at the time of exportation, has not increased as a result of such operations.
The placement of goods under the regime under consideration is practiced when re-importing goods that were in conservation abroad.
Features of registration and calculation of payments.
The identity of the goods placed under the customs regime of re-import, the goods that were exported in accordance with the customs regime of export, the fact of their export, the moment of export, as well as the fact that the goods are Russian, must be established (confirmed) in a way that does not raise doubts among officials persons of the customs authority in authenticity and reliability. The burden of proving these circumstances rests with the person concerned. In the absence of a customs declaration or in the absence of confirmation of the day of crossing the border, the moment of export of goods of Russian origin (before December 31, 1991 - origin of the former USSR) is considered the day of its manufacture. If only the month of manufacture is indicated, then the first day of this month is considered such a day, if only the year is indicated - January 1 of this year. In the absence of documents indicating the day of manufacture of the goods, an examination may be carried out.
The use of goods for industrial or other commercial purposes outside the Russian Federation is not an obstacle to placing these goods under the customs regime of re-import.
Goods can be placed under the customs regime of re-import by any person, regardless of which person exported them.
In case of damage or other deterioration of goods due to an accident or force majeure, such goods may be placed under the customs regime of re-import, provided that the fact of an accident or force majeure is confirmed in a way that does not cause doubts among officials of the customs authority in authenticity and reliability.
While outside the Russian Federation, goods may be subjected to operations to ensure their preservation, minor repairs, including putting in order, and other similar operations, provided that the value of such goods, determined at the time of export, has not increased as a result of such operations. The ratio of the value at the time of exportation to the value at the time of importation is determined on the basis of the US dollar. If the prices in the contract or other document are expressed in any other currency, these currencies are recalculated at the exchange rate to the US dollar, respectively, at the time of export or import.
Application of customs duties, taxes and other payments and reimbursement
When goods are re-imported within three years from the date of export, the customs authority shall return the paid amounts of export customs duties and export tax. Refunds of the amounts paid are made under the following conditions:
If the goods were exported and imported by the same person who paid the export customs duty or export tax, or in whose interests such payments were made;
If a copy of the customs declaration is submitted to the customs authority, on the basis of which export customs duties or export tax were charged and paid, and a written confirmation of the customs authority to which these payments were paid, or its legal successor on the actual receipt of payments to the accounts of customs authorities or directly to the budget. Written confirmation must comply with the requirements for financial documents;
If the export tax was paid to the customs authorities located on the territory of the Russian Federation;
If the person who paid the export customs duty or export tax, or in whose interests such payments were made, submits a written application to the customs authority for the return of the amounts paid. Such a statement is made in any form. An application for the return of the amounts paid must be submitted to the customs authority before the expiration of one year from the date of acceptance of the cargo customs declaration, in accordance with which the goods are placed under the customs regime of re-import.
If at least one of the specified conditions is not observed, the refund of the paid amounts of export customs duties and export tax is not made.
Only the amount of customs duty and export tax paid is refundable. At the same time, the refund of fines, deferral fees and similar payments is not made, and the refunded amounts are not indexed, interest is paid on them.
Payment is made in the currency of the Russian Federation, regardless of the currency in which customs duties and export taxes were paid. If the payment was made in a foreign currency, the exchange rate of which is quoted by the Central Bank of Russia, the foreign currency is converted into the currency of the Russian Federation at the exchange rate of the Central Bank of Russia, effective on the day of acceptance of the customs declaration with the declared customs regime of re-import. If the payment was made in another foreign currency, its conversion into rubles is carried out at the rate that was in effect on the day the payment was made.
The refund of the amounts paid is provided by the customs authority that performs customs clearance of goods placed under the customs regime of re-import.
When a part of a consignment of exported goods is placed under the customs regime of re-import, the refund of the amounts paid is made according to the quantitative ratio of this part to the consignment of exported goods.
Re-imported goods when imported into the customs territory of the Russian Federation are not subject to import customs duties.
When re-importing goods exported from the territory of the Russian Federation after January 1, 1992, the declarant pays to the customs authority the amounts of VAT returned in connection with export, or from which the goods were exempted in connection with export, as well as excises at the rates in force at the time of export goods.
The amounts payable are determined at the rates in force at the time of export of the goods.
Benefits for the payment of value added tax, granted exclusively in respect of goods imported into the customs territory of the Russian Federation, do not apply.
The customs value for calculating the amounts payable is determined on the day of acceptance of the cargo customs declaration, according to which the goods are placed under the customs regime of re-import. Customs clearance of goods placed under the customs regime of re-import
Customs clearance of re-imported goods is carried out at the customs authority in the region of activity of which their recipient or its structural subdivision is located.
When placing goods under the customs regime of re-import to the customs authority, the declarant shall submit the following documents:
Cargo customs declaration;
Permission from other state authorities, if the re-imported goods are subject to the control of these authorities;
A copy of the cargo customs declaration, according to which the re-imported goods were placed under the customs regime of export, or other documents confirming the fact and time of export of such goods from the territory of the USSR (before December 31, 1991) or the territory of the Russian Federation (from January 1, 1992 years) - shipping documents, etc.;
Other documents provided for by the Regulations on the customs regime of re-import of goods dated 09.12.1993 or arising from it, necessary for customs clearance.
In the absence of reliable and supported by relevant documents information on compliance with the requirements of the Regulations of 09.12.1993, the placement of goods under the customs regime of re-import is not allowed.
For customs clearance of re-imported goods, customs fees are charged in the currency of the Russian Federation in the amount of 0.1% of the customs value of goods and in foreign currency, the exchange rate of which is quoted by the Central Bank of the Russian Federation, in the amount of 0.06% of the customs value of goods.
RE-EXPORT goods - a customs regime under which foreign goods are exported from the customs territory of the Russian Federation without collection or with a refund of import customs duties and taxes and without the application of economic policy measures (licensing and quotas) (Article 100 of the Labor Code of the Russian Federation).
Re-export of goods is allowed with the permission of the customs authority, submitted in accordance with the procedure established by the State Customs Committee of the Russian Federation.
Customs clearance of foreign goods exported from the customs territory of Russia in accordance with the customs regime of re-export is carried out only with the permission of the State Customs Committee of Russia and only if the payment of customs duties and taxes is secured by depositing the amounts due on the deposit of the customs office in which the customs clearance of goods will be carried out.
If the goods upon their import are declared to the customs body of the Russian Federation as destined directly and exclusively for re-export, the period of their import into the customs territory of the Russian Federation may not exceed 6 months. Such goods, if it is impossible to export them immediately, must be placed in a temporary storage warehouse or a customs warehouse.
It is also possible to place goods under the re-export customs regime that were originally declared under a different customs regime, for example, a customs warehouse, but this can be done according to Russian law no later than 2 years from the moment the goods were imported. At the same time, the re-exported goods must be in the same condition in which they were at the time of importation, except for changes due to natural wear and tear or loss under normal conditions of transportation and storage, after confirmation of the fact of exportation of goods by the applicant of the regime, the paid import duties and taxes are returned.
List of used literature
1. Gravina A.A., Tereshchenko L.K., Shestakov M.P., Commentary on the Customs Code of the Russian Federation. Legal literature., 2006;
2. Grachev Yu. N. Foreign economic activity. Organization and technique
foreign trade operations: study.-pract. allowance / Yu. N. Grachev. –M. : Business School "Intel-Sintez", 2005. - 592 p.
3. Degtyareva, O. I. Foreign economic activity: textbook / Degtyareva O. I. [et al.]. - M. : Delo, 2008. - 320 p.
4. Kulikov L. M. "Fundamentals of economic knowledge" M.: Finance and statistics, 2007
5. Regulations on the customs regime for the re-import of goods dated 09.12.1993, No. 525; in red. 06/01/1999;
6. On the customs tariff: Federal Law of March 21, 2003 No. 5003-1 (as amended on August 22, 2004) // SZ RF. 2004. No. 12.
7. Prokushev, E. F. Foreign economic activity: studies.-practical. allowance / E. F. Prokushev. - M. : IVTs "Marketing Textbook", 2008. -208 p.
8. Troshkina T. N. Customs code of the Russian Federation in questions and answers. - M.: New legal culture, 2004 - 330 p.
Business associations concept
Entrepreneurial associations: holdings... For practicing lawyers, researchers, entrepreneurs, heads of organizations, collegiate members ... Foreword. Chapter I. Business associations: concept and types. kadis.ru
Associations of enterprises. Concepts, goals, types | Business vision The concept and essence of the Association of enterprises. ... A pool is an association of entrepreneurs that provides for a special procedure for distributing the profits of its participants. businessvision.rf
Associative forms of business organization
Associative forms of business organization are the association of enterprises or firms into aggregate structures.
Associative forms include the following types of associative structures:
1) corporations;
2) business associations;
3) concerns;
4) consortia;
5) holding companies;
6) cartels;
7) syndicates;
8) trusts.
1. A corporation is a joint-stock company that combines several firms with common business goals.
A corporation is a legal entity that is responsible for all the enterprises that are part of it. Among corporations, there are both large-scale and small-scale public corporations.
2. Economic associations are an association of organizations and enterprises, which is created on the basis of an agreement in order to coordinate common activities and perform similar functions. Members of business associations have the right to be members of other associations.
3. Concerns are an organizational form of association of enterprises, which has the character of monopolies and allows you to use the possibilities of large-scale production.
4. A consortium is an association of organizations, enterprises, which is created on a voluntary basis and is temporary. The consortium is organized to carry out major projects in ecology, science, technology, and the social sphere. The consortium uses financial and material resources, personnel and capacities of the organizations that are its members. The consortium may include organizations of various sizes, which conclude an agreement with each other. Consortium participants have the right to be members of other consortiums at the same time.
5. Holding companies have their own difference from other associative forms, which lies in the fact that they control other companies by appointing their directors, as well as by owning their money and shares. Despite the fact that the enterprises included in the holding associations are independent, the holding is able to exert a great influence on their economic and commercial decisions. If necessary, the holding has the right to redistribute funds belonging to the company's participants, as well as perform certain functions related to the company's activities.
6. A cartel is an association of legally independent enterprises on a contractual basis, which is engaged in the marketing of products manufactured by these enterprises.
7. A syndicate is a form of association of enterprises to organize the procurement and supply of raw materials to these enterprises, and the marketing of their products. The syndicate may include trusts, concerns, enterprises that are legally independent organizations. From the moment of joining the syndicate, the commercial independence of its participants is lost, while the production independence is partially preserved.
8. Trusts are a form of association of enterprises in which the participants in this association completely lose their commercial, industrial and legal independence, while being subject to a single management. In Russian entrepreneurship, this form is used in the construction business.
There are structural specific forms of business organization that have not yet become widespread in the Russian economy, but are actively used in the practice of developed capitalist countries. These include: offshore companies, trust companies, franchisors.
In Russian practice, the creation of branches and subsidiaries of large firms and enterprises has become widespread. These enterprises are legally independent, but are in close financial, industrial and technological connection with the main enterprise.
International business companies are engaged in business transactions such as imports, exports and placement of capital abroad. Companies that have foreign branches, registration in several countries and are engaged in the distribution of their shares on the stock exchanges of the world are called transnational.
According to the legislation, two types of associations of enterprises and organizations can be created and function, these are: voluntary and institutional. Enterprises have the right to voluntarily combine their scientific, technical, production, commercial and other activities, if this does not go against the antimonopoly legislation. Along with voluntary associations, institutional associations are created and function, the activities of which begin in a directive order from ministries (departments) or directly by the Cabinet of Ministers. An association is the simplest form of voluntary association of enterprises for the purpose of constant coordination of economic activity. The Association has no right to interfere in the production and commercial activities of any of its members. A corporation is a contractual association created on the basis of combining industrial, scientific and commercial interests, with the transfer of individual powers of centralized regulation of the activities of each of the participants. A consortium is a temporary statutory association of industrial and banking capital for the purpose of jointly conducting a major financial transaction (investing in a major industrial project). Concerns are a diversified joint-stock company characterized by unity of power and control. Concerns combine enterprises of various industries, which, as a result of the merger, lose their independence. Cartels are a contractual association of enterprises (firms) of the same industry for the implementation of joint commercial activities (regulation of the sale of manufactured products). Syndicates are an organizational form of the existence of a kind of cartel agreement, which provides for the sale of products of participants through the creation of a joint marketing body or through the marketing network of one of the participants in the association (or for the purchase of raw materials). This form of association of enterprises is typical for industries with mass production of homogeneous products. Trusts are a monopolistic association of enterprises that previously belonged to different owners into one production complex. With such a merger, enterprises completely lose their legal, financial and economic independence. Holdings - use their funds to acquire controlling stakes in other enterprises. The companies united into holdings have legal and economic independence, but the most significant issues are resolved in the holding company. The holding company is engaged only in management and does not conduct economic activities. Financial groups are an association of enterprises headed by one or more banks that manage the capital of these enterprises and control various areas of their activities. At the same time, the enterprises that are part of the financial group do not lose their economic and legal independence.
Definition of Monopoly
Monopoly - (from mono ... and Greek Poleo - I sell), an exclusive right in a certain area of \u200b\u200bthe state, organization, company.
Monopolies are large economic associations (cartels, syndicates, trusts, concerns, and so on) that are privately owned (individual, group or joint-stock) and exercise control over industries, markets and the economy based on a high degree of concentration of production and capital in order to establish monopoly prices and extracting monopoly profits. Dominance in the economy is the basis of the influence that monopolies have on all spheres of a country's life.
If you pay attention to monopoly formations in industrial production, then these are individual large enterprises, associations of enterprises, business partnerships that produce a significant amount of products of a certain type, due to which they occupy a dominant position in the market; get the opportunity to influence the pricing process, achieving the most favorable prices for themselves; receive higher (monopoly) profits.
Consequently, the main sign of a monopoly formation (monopoly) is the occupation of a monopoly position. The latter is defined as the dominant position of the entrepreneur, which gives him the opportunity to independently or together with other entrepreneurs to limit competition in the market for a particular product.
A monopoly position is desirable for every entrepreneur or enterprise, because it allows you to avoid a number of problems and risks associated with competition: to take a privileged position in the market, concentrating certain economic power in its hands; influence other market participants, impose their conditions on them. It can be assumed that monopolists impose their personal interests on their counterparties, and sometimes on society.
When analyzing a monopoly, it is important to take into account the ambiguity of the term "monopoly" itself. First of all, it is impossible to deduce the essence of this phenomenon from the etymology of the word "mono" - one, "polio" - I sell. In reality, it is almost impossible to find a situation where there would be only one firm operating on the market - a manufacturer of goods that do not have substitutes. Consequently, in the use of the term monopoly, and even more so "pure" monopoly, there is always a certain amount of conventionality.
This paper will consider the history of the emergence and development of monopolies in Russia, where the most common type of business association was a syndicate.
A syndicate is an association of a number of enterprises in the same industry, the participants of which retain funds for the means of production, but lose ownership of the product produced, which means that they retain production, but lose their commercial independence. In syndicates, the sale of goods is carried out by a common sales office.
The history of the emergence and development of monopolies in Russia
The processes of monopolization in the Russian economy at the end of the 19th - beginning of the 20th century gave rise to new types of business associations and a new nature of their relationship with the state, and in particular with government bodies.
In the scientific legal literature of that time, the concept of "entrepreneurial union" arose, covering such types of associations as cartels, syndicates and trusts, which differed in the degree of integration. It should be immediately noted that in Russia the first two types of associations of entrepreneurs (or entrepreneurial unions) were more common - cartels and syndicates. Syndicates became the most common phenomenon at that time. Having arisen from corporate representative organizations of entrepreneurs-commodity producers operating in various industries, these associations immediately acquired a purely commercial character. A characteristic phenomenon for them was that, being formally voluntary associations of the respective entrepreneurs, they were similar to those corporate associations that were their predecessors. This similarity lay in the fact that cartels, trusts, syndicates, as well as stock exchange committees, various congresses and societies of industrialists, were dominated by industry leaders, the largest entrepreneurs-commodity producers, who to a large extent determined the conditions for organizing and operating the vast majority of such monopoly corporations. (business associations).
As for the relationship between government bodies and business unions, including the power-organizing activities of government bodies, their nature has changed significantly. The initiating role of the state in their creation was lost. The initiative to create such associations, or unions, came from the entrepreneurs themselves, their corporate public associations - congresses, societies, etc.
The law-making, normative and regulatory activities of the Russian state in this area lagged significantly behind the practice of organizing and operating business unions in Russia. The establishment of business unions was carried out mainly outside the licensing or registration activities of government bodies.
In fact, in relation to such a phenomenon as business unions, during this period one can speak of prohibitive, predominantly, or stimulating activities of the state, including the government, ministries, judicial bodies, in relation to these business unions or monopoly corporations.
At the same time, it cannot be argued that government bodies, and above all the highest bodies, such as the government, have lost the power-organizing levers of influence on the processes of organization and activities of business unions, which increasingly occupied dominant positions in key sectors of the Russian economy.
We can try to give here a concise comparative analysis of the legal, organizational, economic foundations of the organization and activities of cartels, syndicates and trusts. It should be noted that at the end of the 19th - beginning of the 20th century, these types of business unions in Russia practically did not differ in any way from the corresponding associations in the USA and Europe, from where they, in fact, came to Russia. The main significant difference is that in pre-revolutionary Russia, syndicates became the main form of association, while cartels were a relatively rare phenomenon, and associations such as trusts were practically absent in Russian industry.
For all types of business unions, in the economic sense, the first thing that was common was the fact that cartels, syndicates, and trusts were agreements between entrepreneurs aimed at regulating the conditions for the production and (or) marketing of manufactured goods, at eliminating or weakening free competition between individual companies in a given industry. The legal basis for the creation of cartels, syndicates, trusts was an entrepreneurial agreement, or an agreement of an entrepreneurial union.
The question of what the legal nature of this agreement is and on what legal basis this agreement should be regulated was of considerable interest to Russian lawyers at the end of the 19th century, especially since the Russian legislation of that time did not know such concepts as an entrepreneurial agreement and an entrepreneurial union. This concept did not fit into purely civilistic constructions. Moreover, at that time it was believed that it was hardly possible at all to give a uniform definition of a business contract. Too wide and indefinite was the range of relations covered by these treaties.
In the most general terms, we can say that the agreement of the entrepreneurial union was a multilateral agreement concluded on the principle of voluntariness between entrepreneurs who in their totality controlled a significant or even most of the market for a particular product. Agreements could be of the most diverse nature in form and content. The absence of any legislative regulation of them provided a wide scope for this kind of rule-making. Agreements could be written or oral, closed or open, that is, published in the press. If such an agreement was more or less permanent in nature and the independence of the owners of enterprises under the permanent agreement was limited, but not completely destroyed, it could be a syndicate agreement
Syndicates in Russia at the end of the 19th - beginning of the 20th century became the most widespread in comparison with other types of associations of business entities. The term "syndicate" has many meanings. Syndicates generally meant various kinds of unions that create a community of material interests between their participants and do not belong to the number of ordinary civil and industrial societies. The most widespread unions, called syndicates, were in France, where there were, in particular, both syndicates of entrepreneurs and syndicates of workers.
In other countries, the term "syndicate" began to be used mainly to refer to only one of the types of business unions, namely those that set as their main goal the achievement of a more or less favorable (in terms of height or stability) level of entrepreneurial profit for their participants by joint regulation (rationing) of the sale of their products, the purchase of items necessary for production and production itself. In this sense, syndicates have become an international term. The domestic legislation of that time, as well as the legislation of European states and the USA, did not define syndicates.
The difference between syndicates and other types of business associations can be traced on the example of the goals of their creation and the main directions of their activities. Cartels and trusts were associations of enterprises (entrepreneurs), as commodity producers, first of all. Intra-corporate activities in these associations were carried out in the direction of regulating production and sales volumes, reducing production costs. The goal was to prevent overproduction of the profitability of the merged enterprises.
Entrepreneurial syndicates were associations of enterprises (entrepreneurs) operating in the same industry, already as sellers of a particular product. Such syndicates were, in most cases, unions of the largest competing enterprises. To achieve the main goal - a high and stable level of entrepreneurial profit - they used, as the main means, contractual price regulation. Syndicates, more than cartels and trusts, strove for the complete monopolization of their respective industries and markets.
Among the various types of fishing syndicates operating in Russia, commodity and trade syndicates prevailed, combining the production and sale of certain types of products. At the same time, the term "syndicate" was absent in their name.
According to the degree of consolidation of the merged enterprises, Russian syndicates can be divided into agreements between enterprises (entrepreneurs) concluded to achieve some limited goals (conventions), syndicates proper and trusts, which were mentioned above.
According to the territorial sphere of action, Russian syndicates can be divided into national ones, which unite all the most important enterprises of the same industry, and local ones, covering only individual enterprises of a particular locality.
So, in 1902, after the relevant discussions at the XXVI Congress of the Miners of the South of Russia, three syndicates were created to sell the relevant goods in this region, and in 1904, in accordance with the recommendations of the emergency congress of the Ural miners, a syndicate was formed that united 12 large Ural factories producing up to 80% of all Ural roofing iron.
There were also international syndicates in which Russian enterprises took part. So, in 1903, a syndicate was created for the sale of hay, dung and sugar beet pitchforks. It included: a syndicate of German and a syndicate of Austrian metal enterprises with their central companies, as well as three Russian enterprises, which by that time had concentrated almost all the production of pitchforks in Russia.
The first monopolies arose in Russia in the early 80s of the 19th century among enterprises serving railway construction (“The Union of Rail Manufacturers” - in 1882, as well as associations of factories that manufactured structures for bridges, rail fasteners, etc. .) . At the same time, a convention of entrepreneurs for the production of nails, wire, a cartel of sugar refiners, and later an export syndicate of Baku kerosene refiners took shape. In the context of the industrial boom of the 90s, the largest banks in the country (Petersburg International, Russian for Foreign Trade, and others) began to actively finance industry. The decisive role in the development of pre-monopoly capitalism into imperialism was played by the industrial crisis of 1900-1903, during which industrial production decreased by 5.7%, about 3 thousand enterprises were closed. The number of unemployed exceeded 200 thousand people. During the years of the crisis, the mass emergence of monopolistic associations began, among which syndicates predominated. In ferrous metallurgy, the key positions were taken by the Prodamet syndicate - the Society for the Sale of Products of Russian Metallurgical Plants - in 1902, as well as the Truboprodazhka syndicate in 1902, and Gvozd in 1903. Non-ferrous metallurgy was dominated by the joint-stock company Med, while the coal industry was dominated by the Produgol syndicate, which controlled up to 70% of coal sales. In mechanical engineering, there were associations of steam locomotives (“Prodparovoz” in 1901), wagon (“Prodvagon” - about 100% of wagon production) and bridge-building plants in 1900. In the sugar industry, the “Union of Refiners” arose in 1902. The first associations of St. Petersburg, Lodz cotton, jute, linen and other manufacturers took shape. In Russia, as in the developed capitalist countries, monopolies are becoming one of the foundations of all economic life. Along with industrial monopolies, large banking associations such as the St. Petersburg International, Azov-Don, and later the Russian-Asian Commercial Banks arose.
The organizational structure of the syndicates at that time was very imperfect. Practically the only governing bodies of the syndicates were the congresses of manufacturers and breeders, at which the relevant multilateral agreements on the creation of syndicates were concluded, their charters were adopted, and the results of the implementation of these agreements were monitored.
Since, as already mentioned, the legislation of that time did not recognize either agreements on the creation of business unions, or the business unions themselves, including syndicates, the issues of their organization and activities were practically not regulated in any way. Consequently, the binding provisions of the statutes of syndicates and agreements on their creation were not based on legal norms. In practice, this led to significant violations of these agreements and statutes, and ultimately to the extreme instability of such business associations. Disputable issues were resolved by general meetings of the members of these unions and arbitration courts, which could impose fines for violations. However, if fines were evaded, they could not be recovered in a general judicial procedure, again due to the lack of relevant legislative norms.