According to the legal status (organizational and legal forms) in Russia, the following types of enterprises are distinguished in accordance with the Civil Code of the Russian Federation: 1) business partnerships and companies; 2) production cooperatives; 3) state and municipal unitary enterprises; 4) non-profit organizations (including consumer cooperatives, public and religious organizations/associations, foundations, etc.); 5) individual entrepreneurs.
According to the forms of ownership, the property of an enterprise can be private, state, municipal, and also be owned by public associations (organizations).
Household partnerships can be established in the form of a general partnership and in the form of a limited partnership. A partnership is considered to be complete, the participants of which, in accordance with the agreement concluded between them, are engaged in entrepreneurial activities on behalf of the partnership and are liable for its obligations with their property. A limited partnership (limited partnership) is a partnership in which, along with the participants who carry out entrepreneurial activities on behalf of the partnership and are liable for the obligations of the partnership with their property, there are one or more participants-contributors (limited partners) who bear the risk of losses associated with the activities of the partnership , within the limits of the amounts of contributions made by them, and do not take part in the implementation by the partnership entrepreneurial activity.
Limited Liability Company a company founded by one or more persons is recognized, the authorized capital of which is divided into shares of the sizes determined by the constituent documents. The participants of this company are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the limits of their contributions.
Company with additional liability a company founded by one or more persons is considered, the authorized capital of which is divided into shares of the sizes determined by the constituent documents. The participants in such a company jointly and severally bear subsidiary liability for its obligations with their property in the same for all one-time amount to the value of their contributions, determined by the constituent documents of the company. In case of bankruptcy of one of the participants, his liability for the obligations of the company is distributed among the other participants in proportion to their contributions, unless a different procedure for the distribution of responsibility is provided for by the constituent documents of the company.
joint stock company a company is recognized, the authorized capital of which is divided into a certain number of shares. Members of a joint-stock company (shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company within the value of their shares. Joint-stock companies, in turn, are divided into open, whose participants can alienate their shares without the consent of other shareholders, and closed, whose shares are distributed only among its founders or other predetermined circle of persons.
Production cooperatives (artels) is a voluntary association of citizens on the basis of membership for joint production or other economic activities based on their personal labor and other participation and the association of its members (participants) of property shares.
unitary enterprise a commercial organization is recognized that is not endowed with the right of ownership of the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. In the form of unitary enterprises, only state and municipal enterprises. The property of a state or municipal enterprise is, respectively, in state or municipal ownership and belongs to such an enterprise on the right of economic management or operational management.
Non-profit organizations, unlike commercial ones, do not pursue profit making as the main goal of their activities and do not distribute the profit received among the participants of this organization.
In the economies of developed countries, large, medium and small enterprises simultaneously operate, as well as activities based on personal and family work.
Division of labor, cooperation, specialization.
Concentration, centralization and diversification of production.
The division and socialization of labor are expressed directly in production processes in the form of differentiation and concentration of operations for the manufacture of products, and at the level of social production as a whole, in sectoral differentiation and concentration of production.
Concentration is the main form of social organization of production and is a process of concentration of production in all larger enterprises.
The concentration of production has four forms: consolidation of enterprises, specialization, cooperation and combination.
Consolidation of enterprises is the concentration of production at large enterprises, determined by the scientific and technological progress of the tools of labor (an increase in the productivity of unit capacities of machines, units, apparatus, improvement of control technology, etc.) and an increase in output.
Specialization - the concentration (concentration) of homogeneous production, which by its type is mass or large-scale.
Cooperation - direct production links between enterprises (associations) participating in the joint production of certain products.
Combination - the combination of different industries, which are successive stages of processing raw materials, complex processing of raw materials or the use of production waste in one enterprise (combine).
Specialization and cooperation of production
specialization, on the one hand, is a consequence of the social division of labor, and on the other hand, the result of the concentration of homogeneous production. Consequently, specialization is a dialectical unity of two opposite processes: differentiation and concentration.
The specialization of production in industry is carried out in five main forms: subject, detail, technological, auxiliary and intersectoral production.
Subject specialization means the concentration of production of certain types of end-use products. The subject of such specialization may be a machine-tool or automobile plant.
Detailed specialization - the concentration of production of certain parts and assemblies, blanks and semi-finished products. In certain industries, it can have specific varieties, for example, in mechanical engineering - by detail, aggregate, and nodal. An example of a detailed specialization is a ball bearing factory, a car piston factory, etc.
The transformation of individual phases of production or operations into independent production - technological specialization (or staged), for example, a foundry, centrolites that produce blanks for machine-building plants.
It is necessary to single out the specialization of auxiliary industries and the specialization of intersectoral industries. An example of specialization of auxiliary industries are repair plants(firms), and an example of specialization of intersectoral production is enterprises for the production of general machine-building products (crankshafts, gearboxes, gears, etc.).
Opening and closing of enterprises, reorganization and bankruptcy.
State registration of legal entities is an act of the registering body, carried out by entering into the state register information on the creation, reorganization and liquidation of legal entities, as well as other information about legal entities
Information on the creation, reorganization and liquidation of legal entities is entered into the state register on the basis of documents submitted by the applicant during the state registration of legal entities and amendments to the state register.
The founders (participants) of a legal entity or the body that made the decision to liquidate the legal entity are obliged to notify in writing the registration authority at the location of the legal entity being liquidated within three days, attaching the decision to liquidate the legal entity.
Reorganization - a system of measures to improve the financial situation of enterprises, carried out in order to prevent their bankruptcy or increase competitiveness
Insolvency (bankruptcy) - recognized arbitration court the inability of the debtor (citizen or organization) to fully satisfy the requirements of creditors for monetary obligations and (or) fulfill the obligation to pay mandatory state payments. This term has a special legal meaning, as it entails a complex of specific legal consequences: an insolvency procedure (competitive process), which has as its primary goal the most equal and fair satisfaction of the interests of creditors of an insolvent debtor. The law provides for the application of the insolvency procedure for both legal entities and individuals.
Company -
fixed assets
· Own- permanently at the disposal of the enterprise and formed at the expense of its own resources
· Borrowed- bank loans, commercial loans (liabilities)
Rationing of working capital- the basis for the rational use of economic assets of the enterprise. It consists in the development of reasonable norms and standards for their consumption, necessary to create a constant minimum stock for the smooth operation of the enterprise.
According to the degree of planning working capital subdivided into standardized and non-standardized.
To normalized include working capital in inventories.
To non-standardized working capital includes: cash, shipped goods and delivered works, all types of receivables, etc.
Profitability - an indicator of the effectiveness of the enterprise, characterizing the level of return on costs and the degree of use of funds. In general, it is calculated as the ratio of profit to costs and is expressed as a percentage.
The profitability of the enterprise can only be when income exceeds expenses.
Only cost reduction can contribute to an increase in profitability finished products while improving its quality.
There are the following types of profitability:
1) Profitability of production (total) shows the ratio of the total amount of profit to the average annual cost of fixed and normalized working capital (the amount of profit per 1 ruble of production assets):
where P- the amount of profit; OS Wed- average annual cost of fixed assets; obs avg- the average for the year balances of working capital.
This indicator characterizes the efficiency of the production and economic activities of the enterprise, reflecting at what amount of capital used this mass of profit was obtained.
Using the profitability of products evaluate the efficiency of production certain types products, and the profitability of production, or the overall balance sheet profitability, serves as an indicator of the efficiency of the enterprise (industry) as a whole.
An increase in the level of profitability is facilitated by an increase in the mass of profits, a reduction in the cost of production, and an improvement in the use of production assets. Profitability indicators are used in assessing the financial condition of the enterprise.
2) return on equity Rk, which is characterized by the size of the authorized fund (share capital), it is of interest to all shareholders, because defines the upper limit of dividends:
Pk \u003d P / Ks,
where P - net profit (including the payment of interest on the loan);
Кс - equity, the value of which is taken according to the balance sheet and is equal to the amount of assets minus debt obligations.
3) profitability of total assets Ra - characterizes the efficiency of using all cash assets of the enterprise:
Ra = P / Ka,
where Ka - the average amount of assets of the balance sheet of the enterprise;
4) profitability of products Rprod . characterizes the cost effectiveness of its production and marketing:
Pr / Wed,
where Pr - profit from the sale of products (works, services);
Cp is the total cost of goods sold;
5) profitability of sales Рр - shows the share of profit attributable to one monetary unit of sales (cost of sales Vр):
Рр = Pr / Vр.
Types of enterprises by form of ownership.
Company - it is an independent, organizationally separate economic entity that manufactures and sells products, performs industrial work or provides paid services.
The main features of the classification of enterprises are: industry affiliation; production structure; resources used; destination of finished products; dimensions; type of ownership; organizational and legal form; technological and technical community.
According to the structure of production, enterprises are divided into highly specialized (produce a limited range of products of mass or large-scale production), diversified (produce products of a wide range and purpose) and combined (aimed at the integrated use of raw materials: one type of raw material at the same enterprise is converted in parallel or sequentially into another, and then - in the third type; most often found in the chemical, textile and metallurgical industries).
Depending on the resources used, enterprises are divided into:
Enterprises that use mainly labor resources (labor-intensive);
Enterprises that intensively use the means of production (capital-intensive);
Enterprises that intensively use materials (material-intensive).
Depending on the capacity of the production potential (size), enterprises are divided into large, medium and small.
Classification of enterprises by form of ownership:
1. A private enterprise is the property of an individual citizen who has the right to hire labor, the number of which is not limited. It is fully taxed. A private enterprise must necessarily have a charter, which stipulates the basic principles of the work of this enterprise. The charter of the enterprise should not contradict the current legislation.
2. Collective enterprises are enterprises whose property is owned by a certain number of people who have the right to hire labor. Collective enterprises include: rental enterprises; production cooperatives; business partnerships (including joint-stock companies).
3. State enterprise. State, which is understood as both purely state (including municipal), where capital and management are wholly owned by the state, and mixed, where the state has a large part of the capital or plays a decisive role in management.
According to the organizational and legal form, enterprises are divided into: a limited liability partnership, an additional liability partnership, a joint-stock company, a general partnership, a limited partnership.
According to the nature of the raw materials consumed, all enterprises are grouped into enterprises of the extractive industry (oil and coal mining enterprises) and enterprises of the manufacturing industry (engineering, metalworking).
On the basis of technical and technological commonality, four types of enterprises are distinguished: with a continuous production process (an enterprise operates 24 hours a day, for example, a bakery); with a discrete (discontinuous) production process; with a predominance of mechanical production processes (furniture, light industry enterprises); with a predominance of chemical production processes (pharmaceutical, chemical industries).
Ministry of Education of the Russian Federation
NOVOSIBIRSK HUMANITARIAN INSTITUTE
Fraternal branch
Faculty of Economics
Macroeconomics
Topic: Forms of ownership and types of enterprises in the Russian Federation.
Coursework of a student of the 2nd year of distance learning
Volkova Lyubov Anatolyevna
Scientific adviser Murashova L. N.
Date of submission of coursework _____________
Grade_____________
Introduction
1.1. The concept of property, its economic content
2. Forms of ownership
2.1 Historical forms of ownership
2.2. Signs of the classification of forms of ownership
2.3. Forms of ownership
3. Ownership in Russia
3.2. Criteria for the effectiveness of property transformations
3.3. Features of property transformation in Russia
4.1. The enterprise, its tasks and functions
5. Types of enterprises
5.2. Self employed
5.3. Partnership (partnership)
5.4. Corporation (limited companies)
5.4.1. Small business.
5.4.2. Joint stock company (closed and open).
5.4.3. Joint venture.
5.5. Cooperatives
6. Enterprises and entrepreneurship in the Russian Federation
Conclusion
Bibliography
Introduction
To understand the laws of functioning of the economic mechanism, as well as the entire economic system as a whole, property relations are of fundamental importance.
For a long time, economic thought was dominated by the idea that property is the relationship of a person to a thing, the power of a person over a thing, his ability to own, dispose of, use the material conditions of his existence. At the same time, the desire of a person to possess things acted as a natural, inalienable instinct.
However, with the accumulation and deepening of knowledge about the laws of development of society, ideas about property began to change towards greater recognition of its social, rather than natural, basis.
The most important step in the study of property was made by the economic thought of the last century. The ideologist of petty-bourgeois socialism P.-J. Proudhon (1809-1865) famously said: "Property is theft." This definition did not receive universal recognition and was subjected to justified criticism, but there was a very valuable detail in Proudhon's position. If one person owns a thing, then another person is deprived of the opportunity to own it. This means that it is not nature, but social relations that underlie property.
The Napoleonic Code stated that "property is the right to use and dispose of things in the most absolute way." Here, property relations are presented in the form of legal relations, where subjects are endowed with the right to use material values.
A person lives, produces and uses the results of labor in close interaction with other people. Because of this, it can be argued that property is a relationship between people that expresses a certain form of appropriation of goods, c. features form of appropriation of the means of production.
For a correct and more complete idea of property, in my work I will determine the place that belongs to it in the system of social relations.
An enterprise (firm) is an organization that conducts business under a specific name. The firm controls the use of land, labor and capital. She herself decides on the design, method of production and sale of products. A firm should be distinguished from a production unit such as a factory, farm or mine, as it is a management unit. One firm may own or control several production units.
Firms come in different sizes - one private entrepreneur or a corporation with thousands of employees.
Creation of values is the fundamental function of the enterprise. The process of creating value is the satisfaction of group or individual needs, as a result of which the enterprise seeks public recognition of its activities. A prosperous enterprise is an enterprise that receives a steady profit from its activities. The owners (or shareholders) of the enterprise are interested in a constant and ever-increasing flow of income and in such a use of their own and borrowed funds that increases the value of their property (dividends, shares). Personnel and suppliers are interested in the stability of the enterprise, long-term relationships with it, as well as in a favorable working atmosphere. For consumers, goods and services that satisfy them in terms of quality and price are of the highest value.
Public recognition, in turn, gives the company the opportunity to expand production, increase sales and services, and ultimately increase its profits.
The main working tool in the implementation of the target functions of the enterprise is a market strategy, within which the competitive advantages of the enterprise are realized. In international theory and practice of business, there are three main types of market strategy of an enterprise.
The management of the enterprise should seriously analyze the existing competitive advantages and choose one of the strategies of behavior in the market.
After the market strategy has been carried out, the next tool for implementing the target function of the enterprise, which ensures sustainable profit, is planning aimed at achieving the goals of the enterprise.
In my term paper, I will describe how enterprises are classified, what types of enterprises are.
1.1. The concept of property, its economic content.
Property is one of the most important and complex problems of the economy and economic theory. The history of the economic life of society during periods of increased social activity leads, as a rule, to a redistribution of objects and property rights. Russia's transitional economy serves as confirmation of this historical tradition.
Public thought has always paid more attention to the problem of property. Special appeals to it are contained in the historical, philosophical and fiction. A rich tradition and material have been accumulated in the legal literature, within which a number of directions have developed in the study of property rights. Economic science has also always paid special attention to this problem. However, this problem remains underdeveloped. activities and their results.
Own- 1) a system of objective relations between people regarding the appropriation of means and results of production; 2) the totality of the rights of the subject to manage the conditions of the economic concept of ownership has been formed in science and in life for many hundreds, even thousands of years, but is still the object of analysis, research, and discussion.
The category "property" historically entered into scientific circulation long before the emergence of economics, economic theory as a special branch of science. First of all, property has become an official object of legal, legal nature and philosophy. The formation of property took place in primitive society. Roman law already defined the concept of property and the basic relations associated with it, such as: possession, use, disposal.
The emergence of property relations at the forefront of scientific and social thought is not accidental. Transformations in property relations directly leave an imprint on the life and well-being of people, affect their vital interests, and are visible on the surface of vital, social phenomena.
For a long time, property as a special social relation was the direct subject of jurisprudence, primarily civil law. However, with the further development of social production and the emergence of new forms of entrepreneurial activity, property becomes more important in its economic aspect, becomes, along with the legal one, also the defining economic category.
Let us turn to the initial concepts and definitions.
Property - the relationship between a person, group or community of people (subject), on the one hand, and any substance of the material world (object), on the other hand, consisting in permanent or temporary, partial or complete alienation, detachment, appropriation of the object by the subject. So property characterizes the belonging of an object to a certain subject.
Subject of ownership(owner) - the active party of property relations, having the opportunity and the right to possess the object of property. The subjects of property are, in the final analysis, deliberately animate persons. Attempts to replace them with certain categories of the “state” type without indicating which bodies and persons represent the “state” lead, in fact, to “subjectless” property, which is an abstraction. Only people can personify, realize practically the right of ownership.
Property object – the passive side of property relations in the form of objects of nature, matter, energy, information, property, spiritual, intellectual values, wholly or to some extent belonging to the subject. Objects of property are often called simply property, investing in this concept both the object itself and the relations connected with it regarding ownership.
In the concept " property relations” includes, on the one hand, the relationship of the owner “to his thing”, that is, property, subject-object relations between the subject and the object. These primary relations serve as a material prerequisite for the relationship between the subjects of ownership, that is, subjective-object relations. The latter represent economic relations that arise in connection with property, reflect the property relationship of the subject with other subjects. This group of relations is of a socio-economic nature and determines, first of all, the forms of distribution of property, products, goods, income, and other values between owners.
The specificity of the economic content of property consists in the following main characteristics.
1. Property is not a thing and not just the relationship of people to things, but the relationship between people who can be associated with things (means and results of production). But these relations have not a material, but a socio-economic content and forms (the connection of workers with the conditions of production, forms of income, etc.).
2. The monopolization of the conditions of production by some subjects and their alienation from others or the equal rights of access of workers to the conditions of production characterize the socio-economic content of property relations and determine the nature of the combination of the main factors of production of workers and productive resources, and the assignment of the result.
3. Forms of income form the economic realization of property and are determined by the position of subjects in property relations.
When determining the place of the category of property in the system of social relations:
· First, the economic content of the category of property depends on the nature of the established forms of property, which include the relations of production, distribution, exchange, consumption. For example, a market economy is characterized by the predominance of private property;
second, the position of certain groups, classes in society, their ability to use all factors of production depends on property;
· third, the forms of ownership change in accordance with the change in the modes of production due to the development of the productive forces;
Fourth, although within each economic system there is some basic form of ownership specific to it, this does not exclude the existence of its other forms, both old ones that have passed from the previous economic system, and new, peculiar germs of the transition to the new system. The interweaving and interaction of all forms of ownership has a positive impact on the entire course of the development of society.
Fifth, the transition itself from one form of ownership to another can go in two ways: evolutionary - on the basis of a competitive struggle for survival, the gradual displacement of everything that is dying out and the strengthening of the dominance of viable elements under appropriate conditions, as well as revolutionary - the forcible assertion of the dominance of new forms of ownership (in theory of Marxism: the main essence of the socialist revolution is the elimination of private property).
2. Forms of ownership.
2.1. Historical forms of ownership.
Forms of ownership can be considered in the vertical-historical and horizontal-structural sections.
In the vertical historical classification, the forms of ownership form the key points for the redistribution and concentration of property rights. such a classification is close to the traditional formational classification, although it does not completely coincide with it.
For primitive forms of ownership is characterized by the fact that property rights have not yet been formed and, accordingly, there were no institutions and mechanisms for their distribution and redistribution. Consequently, there were no conditions for the formation of economic power and economic dependence. Equal rights to living conditions, work and results were a distinctive feature of primitive appropriation.
antique ownership is very different high concentration property rights of individuals, when the right of full ownership extended to people. The absolute concentration of property rights in some individuals corresponded to an equally absolute lack of rights in others, who were deprived of personality traits.
The subsequent development of human society was accompanied by a consistent movement towards equality of personal rights and freedom. In this historical movement, after the ancient feudal own. It was characterized by absolute ownership of the conditions of production and limited ownership of people.
Ancient and feudal property have in common that economic power was supplemented by power over the personality of people.
Liberation from personal dependence led, on the one hand, to the legal equality of all citizens, and on the other hand, to a new type of relationship: the economic power of some and the economic dependence of others. If we proceed from the accepted classification according to the formation criterion, then these properties are possessed by capitalist system. With an equal distribution of civil rights, there is an unequal distribution and concentration of property rights.
Construction experience socialism was an attempt to equalize people not only in rights and freedoms, but also in ownership of the conditions and results of production.
There are intermediate forms of ownership, which involve the redistribution of property rights in order to limit the economic power of some and free others from the economic dependence. An example is the participation of employees in management, distribution of income, control, etc.
Modern trends in the world economy indicate that the post-industrial development of society will be accompanied by an increasing distribution of absolute private property rights and an increasing variety of combinations of rights between economic agents.
2.2. Signs of classification of forms of ownership.
The question of forms of ownership is one of the most complex in economic theory. As noted, the classification of forms of ownership can be carried out in historical plan by describing successive forms of ownership. Each of the historical forms, in turn, is specified by objects and subjects of ownership, by the nature of the appropriation of the results of production, and other features.
Functional, a horizontal approach to describing the structure of modern forms of ownership requires supplementing the historical approach with special characteristics, based on the above content of ownership as a combination of economic powers that determine the position and socio-economic status of the subjects of the economic process.
The theoretical basis for the functional definition of forms of ownership and their structure are economic powers. The modern theory of property rights has from a dozen (in an enlarged classification) to one and a half thousand (in a fractional classification) powers. But far from all powers can be considered essential, determining the socio-economic status of the subjects of the economic process. Which ones can be considered as such? This is first of all work. This is the main factor in all economic processes, including the process of appropriation, since it is in the process of labor that objects of property and all social wealth are created. At the heart of the pyramid of property relations and forms of ownership is the subject of labor (worker, peasant, engineer, programmer, etc.). But the workers and creators of objects of property can become the subject of the formation of a form of ownership only when their creative right added other essential property rights: to resources, to the production process and its result, to income. it is essential to note: whoever owns monopoly resources or has an absolute ownership right to them, he has a priority right to the process and result of production, to income and management. At the top of the appropriation pyramid are income. They are the initial motive and the end result of the economic functioning of property. The owner can cede the management function by hiring managers; he can cede the right to use the conditions of production by leasing them. But he will not cede to anyone the right to appropriate income and dispose of it. From the point of view of the economic powers of property, the position of workers who create goods depends on the state of other powers. Workers certainly act as the creators of objects or the material basis of property. But this does not mean at all that the basic property rights belong to those who stand at the origins of real creative appropriation. history and modernity testify to the fact that the final appropriation is torn off from its origins. Several options are possible here: 1) the supreme property rights are given to those who create objects of property and real social wealth; 2) one person works, and other subjects and institutions become the owners of what has been created; 3) various combinations between these two polar situations are possible.
The second essential sign of the allocation of forms of ownership is the authority to dispose of the created objects of ownership. Their special value form is income. This level of authority implies economic power. In the practical implementation of these powers, options are also possible: 1) the income is appropriated by the one who creates it; 2) creates one and assigns the other. Intermediate options are also possible. Closer to the second entitlement is disposal of property. In fact, property in value form is the accumulated (capitalized) income.
And finally control. In singling out this right, two circumstances are kept in mind. The process of creating objects of property on any large scale needs to be agreed and coordinated by all participants. But there is also a more essential aspect of the named right in connection with property. With the formation of joint-stock companies, the functions and subjects of ownership are separated from the functions and subjects of disposal. subjects of management (managers), controlling the movement, economic turnover of property and assets, become the real owners of certain powers to dispose of the means and results of production. In economic theory, this process has been called the "revolution of managers." The reality of Russia's transitional economy is full of examples of contradictions and conflicts between outside investors and managers. This contradiction is an insurmountable reality even in countries with already established and developed market economies.
2.3. Forms of ownership.
When studying forms of ownership, one has to face the lack of a unified terminological base due to confusion in basic concepts. Such forms of ownership as nationwide, state, public, collective are perceived by some authors as synonyms, by others as different concepts. The same applies to the concepts of individual, private, personal property. In order to reach an understanding in the further presentation, we will first try to determine what the form of ownership is, by what criterion it is determined, and what forms of ownership must be distinguished from each other.
Form of ownership we will call its type, characterized on the basis of the subject of ownership. In other words, the forms of ownership determines the belonging of various objects of ownership to the subject of a single nature. Based on this definition, we distinguish the following forms of ownership.
Individual (individualized) property, within which the subject of property is personified as an individual, an individual who has the full right (within the framework of legality) to dispose of the object of property belonging to him or part, share of the object. With this form of ownership, the owner knows what belongs to him.
Within the limits of individual property, depending on the nature of the object of property and the nature of its use by the owner, one can distinguish personal and private own. Personal property is distinguished from private property in two ways.
First, assuming that personal property covers objects of individual property used, consumed only by the owner himself or provided by him to other persons for free use. Accordingly, private property is objects of individual property provided for use and consumption for a certain fee to other persons. This definition is applicable to objects in the form of property and commodities. On the other hand, one can generally consider that personal property is the property of household items, personal property, consumer goods.
Another approach to private property lies in the fact that these are objects of individual property used with the use of someone else's hired labor, while personal property covers only objects used with the use of the owner's personal labor. This definition applies, of course, mainly to the means of production.
Note that according to both the first and second definitions, and both taken together, knowledge of the subject and object of property does not in itself make it possible to distinguish personal property from private. One and the same object can be both personal and private property, depending on the nature of its use, application, consumption. At the same time, using one of the definitions or both together, it is impossible to clearly define the line separating personal property from private, and to establish the very fact of using personal property as private, if it is worth doing at all.
In this light, it is difficult to accept the flood of fears and even hostility towards private property that many Russians inherited from the Soviet era and intensified in connection with the transition to a market economy. Most often, the rejection of private property is not due to a deep understanding of its nature and the need or inadmissibility, but ideological background, psychological attitude. Indeed, for many years the word “private trader” was interpreted and perceived as reprehensible, antisocial. The main objection against private property is that with private ownership of the means of production, as stated in the works of K. Marx and V. Lenin, there is exploitation, appropriation of the results of someone else's labor. On this basis, a conclusion was drawn about the inadmissibility of private ownership of the means of production under the conditions of the economic system, which was called socialism in the Soviet Union.
However, it is the category of private property that is really economic, since its use and functioning in entrepreneurial activity has an effective impact on the efficiency of the economy as a whole, while personal property is a characteristic of a person’s personal consumption and is more of an object sociological research and social planning.
As for the allocation of personal ownership of the means of production, based on the use of the labor of the owner himself, as the most “decent”, then, having legal rights to exist in a market economy, it is the most primitive form. Marx himself argued that such forms of initial unity between the worker and the conditions of his labor are childish forms, equally unsuitable for developing labor as social labor and increasing the productive power of social labor.
Regarding the exploitation of other people's labor, understood as the exclusion from the worker of a part of the surplus product (profit) created by his labor, we note that such a withdrawal exists with any form of ownership. At the same time, the share of surplus value withdrawn by the real owner of the means of production, under conditions of public ownership of the means of production, can be no less than under conditions of private ownership. Where these funds are directed, again, is little determined by the dominant form of ownership, but rather depends on the regulatory function of the state and the objective needs of production and society, individual social groups.
I would also like to note the fallacy of popular ideas that private individual property occupies a leading place in the economy, if it was then a very long time ago. The current market economy is characterized mainly by collective, corporate, mixed forms of ownership. In a fairly typical market-type capitalist economy, 10-15% of the means of production are individually privately owned, 60-70% - in a collective corporate, joint-stock, 15-25% - in the state. Another thing is that corporate, joint-stock property is also classified as private, for which there are certain grounds.
The second form of ownership is collective property in the broadest sense of the word or multipersonal property. Within the multipersonal form, the subject of ownership is not personified as an individual, but is a collection, a community, a collective of owners. The subject of ownership can act as an authorized person or group of persons expressing the proprietary interests of the entire partnership, but much more often acts and is officially formalized in a legal way as a single legal entity (economic company, enterprises, company) or a state body, public organization. It would be more convenient to call multipersonal property simply common, but the term “common property” is interpreted in the Civil Code of the Russian Federation as property owned by two or more persons, that is, as group property.
Speaking of multipersonal property, we proceed from the broadest understanding of it as a variety of forms of property that are social in nature, covering the range from family to national. It is any integrative, in a certain sense social, form.
Originating in a narrowly collective, group property, within which there is direct direct participation and control by the owner over the use of the property, multipersonal property will be erased to the state, nationwide, where the impact on the direction of use of the property on the part of the owner (people) is significantly indirect .
The division of forms of ownership into individual and multipersonal reflects a very enlarged structuring of various forms, covering in all their diversity a significant set of them. It should be noted that such a division of property into two forms: individual and multipersonal - is not generally accepted either in economic science or in practice. Thus, the Civil Code of the Russian Federation distinguishes between private, state and municipal forms of ownership, while recognizing the possibility of the existence of other forms. At the same time, the division of property into the property of legal entities and individuals is widely known. The latter form is clearly associated with individual property.
Let's try to concretize the forms of ownership more clearly and in detail by highlighting the most characteristic forms (classes, types), based on the desire to reflect the real emerging forms and designate conditional ones, the name of which does not correspond to their true content.
It is quite clear that those used in Soviet times Russian history ideas about “state” property, behind which stood the property of state bodies, “cooperative-collective farm”, which was hardly distinguishable from state and personal property only for consumer goods, were dogmatic and conditional.
It is necessary to clarify the category of “public property”, to separate it from the category of “state property”, because the confusion of these concepts creates confusion and the possibility of manipulating the forms and relations of property, and as a result, real objects of property.
The global concept of public property, which covers everything that is above called joint property, is very abstract in the sense that it is difficult to concretize the owner. It is quite clear how the people as a whole are able to realize the functions and rights of the subject of property in relation to these types of joint property, how the mechanism of responsibility for the so-called public property is generated.
It seems that it is necessary to single out such a form as public (public) ownership of natural resources, not involved in social production and having universal accessibility, including land, waters, airspace, flora, fauna. These riches should be called public property. They are the exclusive property of the whole people. In relation to this object of ownership, the formula should be applied: “this is what belongs to everyone together and to each individually on the basis of equal accessibility”. The janitor has equal rights to the use of such property with the president, everyone becomes in the general turn the disposal of public property on behalf of its owner - the people, the population can only be exercised by the organs of democracy.
As for state property, it is involved in social production and therefore cannot belong to everyone on an equal footing.
As a result, in an enlarged representation, the set of forms of ownership covers:
· nationwide - in the form of natural resources for public use, which has a common and equal accessibility for all members of society (unfortunately, this form of ownership is not singled out in the adopted Russian legislative acts on property);
· state - natural resources, basic production assets, working capital, information representing part of the public property - transferred by the will of the people and the decision of the organs of democracy to the jurisdiction and disposal of state bodies on certain conditions of use with simultaneous delegation of responsibility;
· regional government, given to the jurisdiction and disposal of regional state bodies (the property of the subjects of the federation);
· communal, municipal, placed at the disposal of local authorities;
· collective, representing an indivisible part of public, state, regional property, given to a group of persons for a definite or unlimited period, as well as leased and used in accordance with the system of rules and norms established by law, contract, charter. It is essentially a derivative form of ownership resulting from the transfer of ownership;
· general - in the form of property, valuables, Money, securities created, acquired, originally owned by two or more persons, members of an associated group, used by them at their own discretion, subject to the general rules and restrictions established by law (such forms, to a certain extent, include joint-stock, collective-share, cooperative property). The common property is divided into joint, within which the object of ownership belongs to all participants, persons on an equal footing, without allocation of shares, and shared ownership, in which the share of each of the individual owners, participants, persons in the common ownership right is determined;
· individual, representing property, objects, information belonging personally to the individual and used by him at his own discretion, subject to legal regulations, extending to citizens-owners.
It is also useful to single out property of public organizations and group, family property.
In the structure of forms and relations of ownership, one should distinguish between natural-real and cost Aspects. If the natural-material composition of the object of ownership is indivisible, only the monetary value may be subject to division. Therefore, situations are quite possible and often observed when the owner has the right to claim the monetary value of the object, but not the object itself.
We emphasize that there is not and cannot be an absolute separation of forms of ownership, inevitable mixed forms of ownership, including transitions from one form to another. For example, if ownership of labor power is individual, ownership of the means of production is common, and ownership of land is state-owned, and all these factors of production are combined in one enterprise, then the ownership of the enterprise will certainly become mixed. It follows that we are forced to admit interpenetration and common existence of different forms of ownership within one object. The same means of production can be simultaneously, in a certain perspective, objects of different forms of ownership. And certainly the owner, the manager, the user of object can differ. However, this circumstance should not serve as a reason for the unlegalized and unauthorized use of property objects by entities that have no reason to do so.
Until now, we have been talking about the subjects of property in the person of citizens, collectives, organizations, people of the country that owns this property. But on the territory of the country, as part of its national wealth, there may be property of foreign citizens, organizations, states in the form of objects wholly or partly owned by foreign entities. Such proprietary penetration, which in our country is extremely wary both on the part of certain groups of the population and in government circles, is an inevitable consequence of the development foreign economic relations and inclusion of the country in the world economic system. So it is legitimate to include in the number of forms of ownership foreign property in an isolated form or as part of mixed ownership (joint ventures). The object of such property may primarily be the means of production, buildings, property, investment capital, loans, collateral.
Concluding the description of the structure of the forms and relations of property, let us point out the obvious desire that has manifested itself in recent years to bring under its legal basis. Legislative acts on lease and lease relations, on property, on land and land use, and on foreign investment are adopted at the federal and republican levels. The Civil Code of the Russian Federation has already been included in the number of such acts, and the law on intellectual property will eventually be included. Although the adopted Russian laws are in many respects imperfect, they undoubtedly form the primary legal foundation of property structures and relations. The mentioned package of laws is closely related to legislative acts on the denationalization and privatization of property, which are designed to direct the processes of changing the existing forms and relations of property in the right direction.
3. Ownership in Russia
3.1. Formation of property in Russia
During the revolutionary transformations in Russia, which began in October 1917, private property was abolished in industry, transport, construction, and trade. Collectivization in the countryside replaced the individual property of the peasants with a cooperative-collective farm (actually semi-state). As a result, the complete dominance of socialist, or public (that is, state and semi-state) property was established.
Later in the USSR, the process of building up social means of production at the expense of accumulations continued. As a result, the social structure of ownership of the means of production by the beginning of the 90s. took the following form: state 88.6; collective farm 8.7; cooperatives for the production of goods and services (including housing construction) 1.5; property of citizens 1.2%. These figures, in essence, express the high state monopoly on the means of production.
Establishing the dominance of state property, identified with public property, had its own merits. It provided a unified centralized management of the economy, a huge concentration of resources and their use to solve major economic problems.
The process of expanded reproduction was based on the development of state property. The centralization of property was the basis for relative equality in the distribution of material and spiritual wealth among members of society.
At the same time, the experience of the USSR and other socialist countries has shown that the globalization of state property also has major drawbacks, which become intolerable over time.
State enterprises were not economically interested in using the new achievements of science and technology. These achievements were rejected, since the existing monopoly of state ownership made it more profitable to produce traditional products using established technology. The lack of competition has deprived enterprises of economic incentives to improve product quality and reduce production costs. Internal sources of development were replaced by external incentives based on the strength of administrative power.
As a result, the efficiency of the national economy based on state ownership turned out to be low, in many respects it is inferior to the efficiency of a market economy. The rate of growth in labor productivity slowed down, the return on assets decreased from year to year, and the material intensity of production grew.
Similar shortcomings appeared in collective farm property. The administrative bodies commanded the collective farms undividedly, determined the direction of their production, and formed their management bodies. Collective-farm democracy had a formal character. The collective farm was deprived of the right to dispose of its products, since the main part of it came to the state at prices set by it.
The absence of a truly masterly attitude to production, one way or another, hinders its normal functioning. Of course, the director and management service of the enterprise strive to ensure that it works efficiently. But, as they often and not without reason say, the owner is always interested in the prosperity of the company, and the manager - in maintaining his position.
In Russia, in the course of radical economic reforms in the 90s. a system has developed that includes a number of forms of ownership (Fig. 1).
Different forms of ownership functioning in the general system of economic relations cannot be isolated from each other. Overcoming their specificity, they inevitably intertwine. On the basis of such an interweaving, mixed forms of ownership may arise. The objective basis of this interweaving is the mutual complement and use of those specific opportunities that are inherent in each of the specific forms of management. Thus, in the privatized Russian joint-stock companies, the property of individual citizens, collectives and the state is now merged.
3.2. Criteria for the effectiveness of property transformations.
The difference between economic and legal approaches to the transformation of property is clearly revealed in the following main areas. Law dispassionately fixes the transfer of property rights from one subject to another. The question of how effectively the objects of property were used before and what caused the need for a change of owners is not the subject of special attention in the legal approach. For the economic approach, the question of the effective use of property passing from one owner to another is the main one. Therefore, it is the economic criteria for the transformation of forms of ownership that are the most important for determining the compliance of specific ways and forms of transformation of ownership with historical and economic progress. Ignoring this circumstance can lead to such transformations that will lead to large losses, economic and social regression.
Another difference between the economic approach to property transformations and the legal one is that within the same legal form of ownership, significant transformations can occur in the process of appropriation. For example, an individual has ownership of land plot. Regardless of whether he cultivates this plot or not, his property rights will not change, although in economic content these are two completely different situations. His right of ownership does not change even if the land plot is cultivated by hired workers. However, this is already the third and fundamentally different situation from the point of view of the real economic process of appropriation under the same right of private property. Therefore, only economic analysis makes it possible to obtain a deeper, concretized and internally dissected knowledge about the real content of property.
This approach is characteristic of all major areas of economic theory. The theory of efficient and rational distribution of resources, substantiating the criteria for the transfer of resources from the non-state (private) sector to the state (public), puts forward the following requirement: the transformation of property by moving funds and resources from one (private) sector to another (public) is possible and economically justified if the losses from the withdrawal of resources from the private sector are less than the additional benefits in the state (public) sector. In other words, the transformation of private property into public property is justified only if it leads to an increase in the productivity (return) of resources. This economic criterion, with some refinements, can be applied universally to all other forms of ownership and redistributable property rights.
However, the decisions made on the transformation of property in a transitional economy, as experience shows, can often be dictated by other circumstances: political, the interests of shadow and criminal capital, the chosen variant of transformations (radical or reformist). All this can significantly affect the development of rational economic decisions, which can lead to economic losses at a given time.
However, the short-term and long-term effects of ownership changes should be taken into account. In this regard, there is a problem of weighing short-term losses and long-term benefits to society from property transformations. Its solution requires a number of special economic calculations. In any case, a thorough scientific economic analysis must precede the transformation of ownership on a national scale.
3.3. Features of the transformation of property in Russia.
The choice of directions and forms of transformations in the transition economy of Russia is carried out in the course of heated discussions, which were conducted in the following main areas. The following were justified as priorities: denationalization with the preservation of state ownership at large enterprises and privatization in the field of small business; the creation of collective enterprises with both indivisible and collectively shared ownership; free distribution of state property among the population (through special privatization accounts, government securities, etc.); corporatization of enterprises and auctioning of shares of the enterprises themselves.
Privatization in Russia was carried out in a radical way in terms of nature, scale, pace, timing and methods.
The Law of the RSFSR “On Privatization of State and Municipal Enterprises in the RSFSR” was adopted on July 3, 1991 and served as the basis for the development and implementation of practical privatization programs. Decree of the President of the Russian Federation of January 29, 1992 "On the accelerated privatization of state and municipal enterprises" was the basis for the intensification of the privatization process. A large-scale privatization process with the prescription of quantitative privatization plans by industry and region unfolded on the basis of the first privatization program (June 1992). And the Decree of the President of the Russian Federation of July 1, 1992 No. 721 and the approved package of annexes to it led the privatization process to a state of “technological flow”.
In our country, privatization was carried out at a frantic pace. It was not preceded by any preliminary preparation. The inventory of enterprises was not carried out. In the context of a very rapid depreciation of money, the value of enterprises was not correctly assessed (they were often sold at residual value - at the cost of complete worn-out equipment). Therefore, many factories became the prey of clever buyers at a price comparable to the cost of a new prestigious apartment.
The following figures speak of the "cavalry" pace of privatization in 1993, when 43,000 enterprises left the public sector:
Enterprises privatized, thousand: 42.9
by sale 29.4
corporatization 13.5
Receipt of funds from the privatization of enterprises:
privatization checks, mln 46.8
cash, billion rubles 450.3
including:
personal funds of citizens 50.1
enterprise economic incentive funds 19.1
funds of enterprises-buyers 208.0
funds of foreign investors 1.0
It was noted above that privatization is a special, but not the only form of property transformation. It is possible to redistribute property rights without redistributing economic power. The privatization itself can be carried out radically, subordinated to the decision of political goals, or evolutionary, subordinated to the goals of economic efficiency. In the transitional economy of Russia, there have been trends of reverse transformations of property from private to state, cooperative, municipal. Numerous facts of the return of privatized housing to municipal property can serve as examples; consolidation of shares of joint-stock agricultural enterprises; the acquisition by municipal authorities of a controlling stake in privatized enterprises in order to increase production, etc.
At the end of the 1990s, as a result of a wide range of measures for denationalization and privatization, Russia experienced significant changes in property relations and organizational and legal forms. commercial activities. This situation is characterized by:
Variety of forms of ownership;
· the transformation of private property into one of the main forms of ownership in the Russian economy;
· overcoming the monopoly of state property in almost all spheres of the national economy;
· the formation of new forms of management, adequate to changes in property relations;
approval of new forms of organization economic activity(joint stock companies, partnerships, farms, charitable and other public funds, etc.);
· formation of market infrastructure and mechanisms serving new forms of ownership.
Despite the fact that major stages of privatization have been passed, the redistribution of property rights has not yet been completed. The optimal concentration of powers for individuals and legal entities has not yet been found, giving the most effective forms of functional movement of property. The criterion of economic efficiency should come to the fore in the process of redistribution of property rights at new stages of property transformation.
By 1997, a situation had developed that could provoke a new large-scale redistribution of property rights, i.e. New stage privatization and reprivatization. The system of non-payments, into which almost all branches of the real sector of the economy “creeped”, after a sharp increase in the scale of prices since 1992, led to the fact that most enterprises, including entire sectors of the state’s life support, turned out to be chronic debtors. Buyers under the new conditions can be banks and other financial structures with money capital.
Having already quite obvious experience of mass and radical transformation of property, it is necessary to avoid radical, ill-conceived and uncalculated decisions in terms of economic results.
4. Manufacturing plant
7.1. The enterprise, its tasks and functions
A manufacturing enterprise is a separate specialized unit, the basis of which is a professionally organized labor collective, capable of using the means of production at its disposal to produce the products (perform work, provide services) of the appropriate purpose, profile and assortment that consumers need (perform work, provide services). Manufacturing enterprises include plants, factories, combines, mines, quarries, ports, roads, bases and others. economic organizations industrial purpose.
On the purely legal side, according to the legislation of the Russian Federation, an enterprise is an independent economic entity created in the manner prescribed by law to produce products and provide services in order to meet public needs and make a profit.
The most important tasks of the operating enterprise are:
receipt of income by the owner of the enterprise;
providing consumers with the company's products;
providing the personnel of the enterprise salary, normal working conditions and the possibility of professional growth;
creation of jobs for the population living in the vicinity of the enterprise;
environmental protection: land, air and water basins;
prevention of failures in the work of the enterprise (disruption of supply, production of defective products, a sharp reduction in volumes and a decrease in the profitability of production).
The tasks of the enterprise are determined by:
the interests of the owner;
the amount of capital;
the situation within the enterprise;
external environment (Fig. 4).
The right to set a task for the personnel of the enterprise remains with the owner, regardless of his status - a private person, government bodies or shareholders. The owner, based on his own interests, goals, priorities, not only has the right, but is forced to formulate and set tasks for the enterprise team - otherwise, someone else will do it instead of him in his own interests.
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The most important task of the enterprise in all cases is to generate income through the sale of manufactured products (work performed, services rendered) to consumers. Based on the income received, the social and economic needs of the labor collective and the owners of the means of production are satisfied.
The body that formulates and specifies any economic task is obliged to take into account the real conditions for its implementation, taking into account the functions that the enterprise performs.
Regardless of the form of ownership, the enterprise operates, as a rule, on the basis of full cost accounting, self-sufficiency and self-financing. It independently concludes contracts with consumers of products, including receiving state orders, and also concludes contracts and makes settlements with suppliers of the necessary production resources.
The main functions of the manufacturing enterprise include:
production of products for industrial and personal consumption;
sale and delivery of products to the consumer;
after-sales service of products;
material and technical support of production at the enterprise;
management and organization of work of personnel at the enterprise;
comprehensive development and growth of production volumes at the enterprise;
entrepreneurship;
payment of taxes, performance of mandatory and voluntary contributions and payments to the budget and other financial bodies;
compliance existing standards, regulations, state laws.
The functions of the enterprise are specified and refined depending on:
enterprise size;
industry affiliation;
degrees of specialization and cooperation;
availability of social infrastructure;
forms of ownership;
relationships with local authorities.
The enterprise is fully responsible to the financial authorities for the timely transfer of taxes and other payments, covers all losses and losses from its own income. At the expense of proceeds from the sale of products (services), it pays for the costs of organizing and developing production, as well as for the purchase of raw materials, materials, and payment for labor.
The administration and personnel of the enterprise are obliged to constantly ensure that the products they produce are of sufficient quality and not too expensive. Both are necessary for the conquest and retention of the sales market. Low-quality products, as well as products that are too expensive, force the consumer to look for a supplier from whom they can purchase the same products with better quality indicators or at a lower price. In order not to lose customers, the company's specialists study the product sales markets, take measures to accelerate scientific and technological progress, improve product quality, and reduce its cost. In fact, in labor collectives manufacturing enterprises the fate of the state and development of the economy and politics of the country is being decided.
5. Types of enterprises
5.1. Signs of classification of enterprises
The entrepreneurial sector of the national economy usually has a huge number of enterprises, which, for the purposes of economic analysis, are grouped according to a number of essential features. The most common are classifications by form of ownership, size, nature of activity, industry affiliation, dominant factor of production, legal status.
By type of ownership companies are divided into:
private, which can exist either as completely independent, independent firms, or in the form of associations and their constituent parts. Private firms can also include those firms in which the state has a share of the capital (but not the predominant one);
state, which are understood as purely state (including municipal), where capital and management are wholly owned by the state, and mixed, where the state owns most of the capital or plays a decisive role in management. According to the recommendation of the Organization for Economic Co-operation and Development (OECD), state-owned enterprises should be considered enterprises in which state bodies own the majority of the capital (over 50%), and / or those that are controlled by them (through state officials working in the enterprise).
Of these two categories of enterprises are often distinguished mixed, those. enterprises with a significant or predominant share of the state in the capital. This category of enterprises sometimes occupies a significant place in the economic life of the country, for example, in Russia in the late 1990s, when, as a result of privatization, the state retained a stake in many privatized enterprises (a quarter of all employed workers work at these enterprises).
By size enterprises are divided into small, medium and large, based on two main parameters - the number of employees and the volume of production (sales).
Small enterprises usually dominate in number (in Russia they account for about half of the total number of enterprises).
AT different countries Small business is defined differently. According to the law "On state support small business in the Russian Federation" dated June 14, 1995 in our country, these include those where the average number of employees does not exceed 30 people in retail trade and consumer services, 50 people in wholesale trade, in the scientific and technical sphere, agriculture economy - 60 people, transport, construction and industry - 100 people
Firm classification by nature of activity (production and non-production) involves their division into producing material goods (consumer or investment goods) and services. This classification is close to the classification of enterprises by industry , which subdivides them into industrial, agricultural, trade, transport, banking, insurance, etc.
Enterprise classification on the basis of the dominant factor of production provides for labor-intensive, capital-intensive, material-intensive, knowledge-intensive enterprises.
By legal status (organizational and legal forms) in Russia distinguish, first of all, business partnerships and companies; production cooperatives; state and municipal unitary enterprises; individual entrepreneurs.
5.2 Private entrepreneur
This kind of firm is also called a one-man business, or private property. The owner has or acquires the material resources and capital equipment necessary for the production activity, and also personally controls the activities of the enterprise.
BENEFITS:
1. Sole proprietorship is easy to set up because legal procedure registration is very easy and the registration of a company of this kind usually does not require large expenses.
2. The owner is his own boss and has considerable freedom of action. To make decisions about what and how to produce. No need to wait for decisions of any meetings, partners or directors.
3. The owner can provide personal services to the client.
4. Incentives effective work- the most energetic. The owner gains everything in case of success and loses everything in case of failure.
However, there are also disadvantages of this organizational form, and they are very significant.
LIMITATIONS:
1. With rare exceptions, the financial resources of a sole proprietorship are insufficient for the firm to grow into large enterprise. Such as sole proprietorships, the bankruptcy rate is relatively high, commercial banks not very willing to provide them with large loans.
2. Full control over the activities of the enterprise is exercised, the owner must carry out all major decisions, for example, regarding the purchase, sale, attraction and maintenance of personnel; do not overlook the technical aspects that may arise in production, in advertising and in the distribution of products.
3. The most important drawback is that the sole owner is the subject unlimited liability. This means that self-employed entrepreneurs risk not only the assets of the firm, but also their personal assets.
If the company goes bankrupt, he is personally and solely responsible for the debts of the company. In this case, the owner's personal property may be sold to pay off debts.
5.3. Partnership (partnership)
partnership - is a form of business organization natural development of sole proprietorship.
Partnership Act 1890 defined a partnership (partnership) as a voluntary association of 2 to 20 people united for a joint business with the aim of making a profit. However, in some areas of activity (lawyers, accountants, brokers) more than 20 participants are now allowed to form partnerships.
By the degree of participation in the activities of the enterprise partnerships are different. In some cases, all partners play an active role in the functioning of the enterprise, in other cases, one or more participants may play a passive role. This means that they invest their financial resources in the firm, but do not take an active part in its management.
BENEFITS:
1. Like sole proprietorship, partnerships are easy to set up. In almost all cases, a written agreement is concluded, and the bureaucratic procedures are not burdensome.
2. Since many people are united in a partnership (partnership), the initial capital can be larger than in a sole proprietorship.
3. Firm management can be specialized. Each of the partners can take responsibility for a specific area of work. For example, for management, production, etc.
LIMITATIONS:
1. When several people participate in management. This division of power can lead to conflicting interests, incoherent policies, or inaction when decisive action is required. It is even worse when partners disagree on major issues. For all of these reasons, managing a partnership can be cumbersome and difficult.
2. The company's finances are still limited, although they far exceed the possibilities of private ownership. The financial resources of three or four partners may not be sufficient, or they may be such that they still severely limit the potential growth of a profitable enterprise.
3. The duration of the partnership is unpredictable. Withdrawal from a partnership or the death of a partner, as a rule, entails the disintegration and complete reorganization of the company, the potential disruption of its activities.
4. Partnership (partnership) suffer from unlimited liability for the activities of the enterprise. A full partnership means that each partner is fully liable for the company's debts.
5. You can create a limited liability partnership. In this case, the partner is liable for the debts of the enterprise in the amount of the funds that he invested in it. However, partners in a partnership of this kind cannot take part in the conduct of business - at least one of them must still accept full responsibility.
5.3 Corporation (limited companies)
Corporation is a legal form of business that is distinct and separate from the specific individuals who own them. These government-recognized "entities" can acquire resources, own assets, manufacture and sell products, borrow, lend, sue, and sue. And also to perform all those functions that are performed by enterprises of any other type.
BENEFITS:
1. The most effective form of business organization in terms of attracting money capital. Corporations have a unique way of financing - through the sale of stocks and bonds - which allows them to attract the savings of numerous households. Through the securities market, corporations can pool the financial resources of vast numbers of individuals into a common pool. Financing through the sale of securities also has certain advantages. From the point of view of the buyers. Corporations have easier access to bank credit than other forms of business organization. The reason lies not only in the greater reliability of the corporation, but also in its ability to provide bank accounts with profitability.
2. Another significant advantage of corporations is limited liability. Corporate owners (i.e., stockholders) risk only the amount they paid to buy the stock. Their personal assets are not at risk even if the corporation goes bankrupt. Creditors can sue the corporation as a legal entity, but not the owners of the corporation as individuals. The right of limited liability greatly facilitates the task of the corporation in attracting money capital.
3. Since a corporation is a legal entity, it exists independently of its owners and, for that matter, of its own officers. Partnerships can die suddenly and unpredictably, but corporations, at least according to the law, are eternal. The transfer of ownership of a corporation through the sale of shares does not undermine its integrity. In short, corporations have a certain permanence, lacking in other forms of business, that opens up the possibility advanced planning and growth.
The advantages of a corporation are enormous and usually outweigh the disadvantages. And yet they exist.
LIMITATIONS:
1. Registration of a corporation's charter involves some bureaucratic procedures and costs for legal services.
2. The next possible disadvantage of a corporation concerns issues related to the taxation of corporate profits. It's about a problem double taxation: that part of the income of the corporation, which is paid in the form of dividends to shareholders, is taxed twice - the first time as part of the profits of the corporation, the second - as part of the personal income of the owner of the shares.
3. In sole proprietorship and partnership, the owners of real estate and financial assets themselves directly manage and control these assets. But in large corporations, whose shares are widely distributed among hundreds of thousands of owners, there is a significant divergence between the functions of ownership and control.
The reasons for this lie in the inactivity of a typical shareholder. Most of the shareholders do not use the right to participate in voting, or if they use this right, it is only by subscribing to the granting of powers to the current officers of the corporation.
All limited liability companies must be registered with Companies House. Before the start of actual activities, the company must submit a number of documents to the Registration Chamber for approval:
company memorandum;
Articles of association of a joint stock company.
The law requires all registered companies to publish annual reports and provide copies of these reports to Companies House.
5.4.1. Small business
A small business can be created both by a private person and by an enterprise, organization, both state and public. Firstly, it can be "single-celled" and more complex, have branches, sites, representative offices. Secondly, the variety of purposes for which an enterprise can be created: artistic and auxiliary crafts, the provision of various services to the population, the launch of almost any activity not prohibited by law. Thirdly, it attracts a relatively simple procedure of establishment and registration.
In industrialized countries, small businesses account for a significant share of the gross domestic product.
The viability of small enterprises is determined by the freedom and simplicity of their creation, the absence of administrative coercion, a preferential taxation system, and a market pricing mechanism.
Small enterprises include newly created existing enterprises with up to 200 employees in industry or construction, up to 100 people in science and scientific services, up to 50 people in other sectors of the manufacturing sector, up to 25 people in non-manufacturing sectors, up to 15 people in retail trade.
Small enterprises can be created as a result of separation from the existing enterprise, association, organization. In these cases, the organization (enterprise) from which the small enterprise was spun off acts as its founder.
For the state registration of a small enterprise by the local Council of People's Deputies, the following documents should be submitted to the latter:
Order of the founders;
Memorandum of association;
Receipt of payment of state duty for registration.
The memorandum of association defines the relationship between the enterprise and its founder, business executive, financial ties, authorized capital, deductions from profits in favor of the founder.
The charter of a small enterprise establishes the goals of its activities, the procedure for the formation of the enterprise's property, the procedure for management, the possibility of redemption, the distribution of profits, the conditions for reorganization and termination of activities, and other important issues.
The enterprise independently carries out its activities, disposes of its products, profits, remaining at its disposal after paying taxes and other obligatory payments.
Small enterprises report on the results of their economic activities to the founders in the manner prescribed by the founding agreement.
The management of the enterprise is carried out in accordance with the Charter. The head (director) is appointed by the owner upon establishment of the enterprise. The management structure and staff are determined by the labor collective independently. Contracts can be concluded with managers, specialists and other employees as a special form of employment contract.
Procedural issues of the liquidation of the enterprise are resolved by the owner of the property through the liquidation commission appointed by him. Justified claims of creditors against a small enterprise being liquidated are satisfied from its property.
When an enterprise is reorganized, its rights and obligations are transferred to successors.
5.4.2. Joint stock company (closed and open)
Joint-stock company - voluntary organization of legal entities and citizens (including foreign ones) for joint activities by combining their contributions and issuing shares for the entire value of the statutory fund.
Joint stock companies serve three important purposes:
The issue of shares by an enterprise in order to mobilize funds does not change its status, that is, the organizational and legal procedures are not transformed: the meeting of future participants, the determination of the authorized capital, the development of the charter and its state registration.
Depending on who owns the shares, joint-stock companies can be state, cooperative, public, mixed.
A joint stock company may be created for the purposes of economic and other activities not prohibited by law. A joint-stock company, being a legal entity, has the right to conclude any transactions provided for by law, to independently resolve issues of organizing management, setting prices for manufactured products, wages, and distributing net profit. The company may have representative offices, branches, establish subsidiaries as independent commercial organizations.
The following documents are submitted for registration of a joint-stock company:
Application for registration (letter of the founders);
Minutes of the constituent assembly;
Receipt of payment of the registration fee, the amount of which depends on the authorized capital.
Limited Liability Company (LLC):
A company founded by one or more persons is recognized as such, the authorized capital of which is divided into shares determined by the constituent documents; LLC participants are not liable for its obligations and bear the risk of losses associated with the activities of the company within the limits of the size (value) of their contributions. The authorized capital of a limited liability company is made up of the value of the contributions of its participants. The LLC is not bound by public liability. This legal form is most common among small and medium enterprises.
Joint-stock companies are created of two types - closing and open.
A joint stock company whose members may alienate their shares without the consent of other shareholders is recognized open. Such a joint-stock company has the right to subscribe for the shares it issues and their free sale on the terms established by law. An open joint stock company is obliged to annually publish for general information the annual report, balance sheet, profit and loss account.
A joint-stock company, the shares of which are distributed only among its founders or other predetermined circle of persons, is recognized closed .
Joint-stock companies and limited liability companies do not have fundamental differences. The only difference is that joint-stock companies form an authorized capital by issuing shares, the owners of which may not be known in advance. Limited liability companies create such a fund only at the expense of shareholders. If existing companies start issuing shares, they will turn into joint-stock companies. The concept of "limited liability" means that the shareholder is liable only to the extent of his share. Responsibility does not apply to the rest of its property, unlike a cooperative, whose members are liable for obligations with all their property.
Contributions (shares) of participants in a joint-stock company (partnership) with limited liability may be transferred from one owner to another only with the consent of other owners (shareholders) in the manner prescribed by the charter.
The contributions (shares) of an open type company may be transferred from one owner to another without the consent of the shareholders. The shares of this company can be freely traded.
The supreme governing body of a joint-stock company is the general meeting of shareholders. It makes it possible to exercise the right to manage LLC members. The number of participants' votes at the meeting is determined in proportion to the size of their shares in the authorized capital.
BENEFITS:
Ability to mobilize large financial resources;
The ability to quickly transfer funds from one industry to another;
The right to freely transfer and sell shares, ensuring the existence of the company, regardless of the change in the composition of shareholders;
Limited liability of shareholders;
Separation of ownership and control functions.
5.4.3. joint venture
Foreign investment refers to all types of property and intellectual values invested in an enterprise for the purpose of making a profit. Foreign investors have the right to take a business part in enterprises created jointly with legal entities and citizens on the territory of the Russian Federation, as well as to create enterprises wholly owned by foreign investors.
An enterprise with foreign investment is created and operates in the form of joint-stock and other economic companies and partnerships provided for by law in the territory of the Russian Federation.
A joint venture may be created either by establishing it, or as a result of the acquisition by a foreign investor of a participation interest (share, shares) in a previously established enterprise without foreign investment or the acquisition of such an enterprise in full.
The founding documents of enterprises with foreign investments should determine the subject and objectives of the enterprise, the composition of participants, the size and procedure for the formation of the authorized capital, the size of the shares of participants, the structure, composition and procedure for making decisions, the list of issues requiring unanimity, the procedure for liquidating the enterprise.
Contributions to the statutory fund are evaluated by participants on the basis of world market prices. In the absence of such prices, the cost of deposits is determined by agreement of the participants.
The following documents are required to register a joint venture:
Written application of the founders for registration;
The conclusion of the relevant examinations;
Notarized two copies of constituent documents (constituent agreement);
A notarized copy of the decision of the owner of the property on the establishment of the enterprise or a copy of the decision of the body authorized by him, as well as notarized copies of the constituent documents for each participant from the Russian side;
A document on the solvency of a foreign investor issued by a bank serving him or another financial institution;
An extract from the trade register of the country of origin or other equivalent evidence of the legal status of a foreign investor in accordance with the laws of the country of its location;
Enterprises with foreign investors have the right to carry out any activities not prohibited by law. Some activities require a license, such as insurance and banking.
Joint ventures have the right to create subsidiaries, branches and representative offices both on the territory of the Russian Federation and abroad.
Foreign investors and enterprises are allotted land, have the right to lease property, acquire a participation interest, shares and other securities on stock exchanges, and participate in stock exchange transactions in the manner and under the conditions established by law. Foreign investors can participate in the privatization of state and municipal enterprises on the territory of the Russian Federation.
Foreign citizens may be members of the management body of the enterprise on the terms determined by individual agreements.
The liquidation of an enterprise with foreign investment is carried out in the manner prescribed by law and in strict accordance with the charter. If the enterprise, after a year after registration, does not confirm the payment of at least 50 percent of the amounts of the contribution indicated in the statutory documents, the body that registered the enterprise recognizes it as failed and makes a decision on liquidation. An enterprise is considered liquidated from the moment the act of the liquidation commission is approved, which must be reported in the press.
5.5. Cooperatives
There are two types of cooperative societies: workers' cooperatives (or producers' cooperatives) and consumer cooperatives (retailers' cooperatives).
WORKER CO-OPERATIVES:
This is a voluntary association of citizens on the basis of membership for joint production activities based on their personal labor and other participation and association by its members (participants of property shares). Workers' cooperatives are commercial organizations.
The founding document of workers' cooperatives is their charter, approved by the general meeting of its members. The number of members of cooperatives should not be less than five. Property owned by workers' cooperatives is divided into shares of its members in accordance with the charter of the cooperative. The cooperative is not entitled to issue shares. A member of the cooperative has one vote when making decisions in a common way. Profits are shared among employees in accordance with an established agreement.
At the beginning of the 20th century, there were about 200 workers' cooperatives in Great Britain. They were strongly supported by the cooperatives of retailers, who purchased most of the products of these cooperatives. By the beginning of the 60s, the number had dropped to thirty. Most of the production cooperatives remained in the printing business, sewing clothes and shoes.
CONSUMER COOPERATIVES:
The owners of cooperatives of this type are actually consumers - those people who buy goods, and do not produce them.
The first society of retailers was founded in Rochdel in 1844. a group of poor weavers who founded a small shop. The basic principles of cooperative societies are as follows:
| 1.Open Membership: |
There is no size limit in a cooperative society; everyone can enter the cooperative and leave it at any time. |
|
2.Profit distribution: |
For many years members of cooperatives received regular cash dividends. The amount of dividends is determined by the amount of funds brought to the cooperative. |
|
3. Interest payment on |
Members of cooperatives receive a fixed percentage of their share capital. The management of the cooperative is carried out by a committee - usually employees. Combining this work with another. They are selected by the members of the cooperative. The current work of the cooperative is carried out by managers. Employed here full-time, appointed members of the select committee. |
Traditionally, cooperative societies have seen themselves as more than just a special form of business organization.
5.6. State-owned enterprises (public corporations)
The word "government" refers to both local authorities and the central government.
State - largest employer, so its income and expenses far exceed those of the largest limited liability companies.
Many public property enterprises, like private firms, sell what they produce. The best-known examples of this kind are nationalized industries such as coal mining, electricity generation, and rail transport. These businesses are run by public corporations.
Own:
A public corporation is a form of business organization. This form is used to manage nationalized industries.
Like limited liability companies, they are legal entities, but unlike them, they do not own shares. Public corporations are owned by the state. In fact, they belong to all citizens of the country.
Control:
There is a Board of Governors. At first glance, the leaders of these corporations have the same responsibilities as the directors of companies. The most important difference is, how they get into leadership positions.
In public corporations they appointed Minister of the Interior, while in limited companies from choose shareholders.
Managers of public corporations direct the day-to-day operations of the enterprises, but are accountable to the government, not to the shareholders' meeting. The Minister of State is responsible for their work. For example, the Minister of Energy is responsible for the state of coal mining in the country, the Minister of Transport is responsible for the railway lines.
Finance :
Since there are no shareholders in public corporations, such an organization cannot raise capital by issuing shares. In some countries they receive long-term loans directly from the government and short-term loans from banks. Some public corporations receive loans from abroad. The state compensates all expenses, including the losses of public corporations.
Public corporations are required to submit annual reports of activities and balance sheets of income and expenses. These documents are being reviewed by the government.
Goals :
If the main objective of the activities of limited liability companies is to make a profit, then the goals of public corporations are completely different. It is assumed that operating in the nationalized industries, they will at least be self-sustaining enterprises, that is, they will not incur permanent losses. Their main task is to work for the common good. This means that managers must conduct business in such a way that it is as effective as possible in the interests of the whole society, the whole country.
Public corporations must be much more concerned with the social consequences of their activities than limited liability companies. For example, a railroad corporation should prevent the closure of a railroad in remote rural areas, which could completely deprive local residents of an essential transportation service.
The current policy of the government is to compensate for losses in those types of services that are of great social importance.
Municipal enterprises:
Local governments are also involved in the management of enterprises. The best-known example in this area is urban bus transport, which is the responsibility of local authorities in relatively large cities.
City services such as swimming pools, playgrounds and other types of services are offered and implemented for money by local authorities.
Some of these types of services are financed from the budget, since their prices do not compensate for real costs.
6. Enterprises and entrepreneurship in the Russian Federation
Soviet science in the past generally bypassed the issues of enterprise and entrepreneurship. You will not find these words even in the Explanatory Dictionary of the Russian Language by S. Ozhegov. Soviet social scientists considered these concepts as purely class phenomena, although in everyday life and economic practice, most people (and leaders certainly) came into contact with the practice of entrepreneurship to one degree or another.
American experts Robert Hisrich and Michael Peters defined an entrepreneur as a person who spends all his energy on it, takes on all ... the risk, receiving money and satisfaction with what has been achieved as a reward.
Such a definition with a clear coloring of romanticism is unlikely to give a fairly accurate idea of entrepreneurship, especially in Russia in the 90s. The main task of every entrepreneur, which is to receive income for the invested labor and capital, is worldly prose, and by no means romance.
The Law of the Russian Federation "On the Enterprise and Entrepreneurial Activity" notes that "entrepreneurial activity (entrepreneurship) is an initiative independent activity of citizens and their associations aimed at making a profit." Entrepreneurial activity in this Law is interconnected with the activity of an enterprise, as a result of which “the status of an entrepreneur is acquired through the registration of an enterprise”.
There are many problems when creating them. In Russia, this is primarily due to the imperfection of the legislation: methods for coordinating the operation of complexes with central and local administrative and economic departments have not been fully developed; the boundaries of the economic independence of these complexes have not been established; relationships of associations, concerns with state and local authorities in many cases do not have a clear legal regulation; legal framework not developed information service complexes, as well as the development of cooperation, the preservation of existing industrial relations.
In addition, the formation of large industrial complexes, as a rule, exacerbates the problem of monopoly. The creation of super-large industrial complexes, concentrating the production of the main part of the country's similar products at their enterprises, poses a real threat of market monopolization, increased inflation, and curbing scientific and technological progress.
The solution to the problem lies in the organization of parallel production of the same type of products, the development of foreign economic relations. However, the creation of parallel structures and competitive placement of orders will take considerable time. Therefore, state bodies consider the development of a system of economic and legal measures of state regulation of the processes of integration of production within the framework of concerns and associations to be the primary and most accessible method of limiting monopoly.
7. Joint stock companies in Belgorod
Characteristics of the corporatization process in the agro-industrial complex.
It is widely believed that joint-stock companies are not adequate to the specifics of agricultural production - the procedure for their functioning in agriculture differs slightly from the organization of the work of production cooperatives and limited liability companies. In addition, a characteristic feature of joint-stock companies in agriculture is the distribution of income not in proportion to the number of shares, but depending on the labor participation of each employee. Only in a few joint-stock companies income is presented in the form of a dividend per share.
Currently, there are 321 joint-stock companies operating in the agro-industrial complex of the Belgorod region, of which 175 are open joint-stock companies, and 146 are closed joint-stock companies. Over the previous three years, there has been a trend towards a decrease in the number of CJSCs and an increase in the number of OJSCs. This trend is especially clearly seen in the example of agricultural enterprises. The trend towards an increase in the number of OJSCs is not due to the goals of raising capital through the placement of shares, but is due to the creation of new commercial structures, mainly agricultural enterprises and enterprises processing agricultural products.
In 1999-2001 in the agro-industrial complex of the Belgorod region, new commercial structures were created, mainly with the organizational and legal form of OJSC. The founders of the new organizations were large industrial enterprises and individuals who are owners of land shares in specific agricultural enterprises. The newly formed enterprises were created, as a rule, by large industrial and commercial enterprises, which include OJSC Efirnoye, OJSC Alekseevsky Meat Processing Plant, LLC BelAgroGAZ, CJSC APP Rif, OJSC Prodimeks, OJSC Belgorod Experimental Plant of Fish fodder”, OJSC “Stoilensky GOK”, etc. The largest investors in terms of investment volume and availability of land ownership are OJSC “Efirnoye”, CJSC APP “Rif”, OJSC “Stoilensky GOK”.
The authorized capital of joint-stock companies as of January 1, 2001 amounted to 856.3 million rubles. Additional capital - 148.8 million rubles. Number of shares - 104243.1 thousand pieces with an average par value of 23.80 rubles. There are no preferred shares in the total amount of shares.
Analyzing the placement of shares of joint-stock companies of the agro-industrial complex, we can say that the largest share - 96,5% occupied by shares of agricultural enterprises, an insignificant share of shares is placed by repair and technical enterprises (0,1%) and enterprises transport service(0.1%). The number of shares placed among shareholders decreased due to the conversion of shares, as well as the liquidation of some companies; there was also an issue of shares, including additional issues.
Assessment of the profitability of joint-stock companies of the agro-industrial complex .
An analysis of the performance indicators of joint-stock companies that affect the profitability and profitability of production indicates an increase in the volume of sales of products, goods, works, services. So, if on January 1, 1999 the volume of proceeds from the sale of products, goods, works, services (excluding VAT) amounted to 4912.40 million rubles, then the same indicator as of January 1, 2001 amounted to 13275.26 million rubles. This fact indicates a positive shift in the activities of joint-stock companies of the agro-industrial complex, which was achieved mainly due to an increase in the volume of production and processing of agricultural products. As of January 1, 1999, the financial result of the joint-stock companies of the agro-industrial complex amounted to 131.86 million rubles, as of January 1, 2001, the financial result was 392.14 million rubles, while the profit from the main activity amounted to 1830 .41 million rubles Consequently, a significant part of the losses of the enterprise is received not from the main activity, but from servicing accounts payable for non-operating transactions and from extraordinary expenses.
Production potential assessment .
The production potential of joint-stock companies of the agro-industrial complex can be characterized by the following indicators:
the value of property from January 1, 1999 to January 1, 2001 increased by 1.23 times and amounted to 13,009 million rubles;
the share of production assets in the total value of the property as of January 1, 2001 was 68.12% of their total value.
Production assets as of January 1, 2001 amounted to 10,268.8 million rubles. For the period from January 1, 2000 to January 1, 2001, their value increased by 1.05 times. Currently, there is a tendency to reduce the share of fixed assets in the total value of property.
Indicators of financial and economic activities of joint-stock companies of the agro-industrial complex .
Joint-stock companies are characterized by high rates of efficiency in the use of fixed assets and labor resources. In 2000 (compared to 1999) the amount of proceeds from sales increased by 1.37 times, labor productivity increased by 1.33 times, and the number of employees increased by 3.4%. However, over the same period, capital intensity decreased: from 2.94 in 1998 to 0.97 in 2000; the capital-labor ratio decreased by 25.79%, which is a negative fact in the activities of joint-stock companies.
characteristic feature AIC is the presence of an insignificant share of shares in the labor collective (with the exception of agriculture) and agricultural producers. There is a tendency to reduce the number of shares of these groups of owners and the concentration of blocks of shares in legal entities, including third parties. This trend is negative, as it is explained by the concentration of blocks of shares from large owners, who for the most part do not take into account the interests of both the labor collective and agricultural producers.
In the future, this may lead to a significant redistribution of income in favor of processing enterprises to the detriment of the interests of agricultural enterprises. At the same time, prices for products of the processing industry will rise and prices for agricultural products will be limited.
As of January 1, 2001 (according to the founding documents) 52 share issues were registered, including 28 additional issues. The unsatisfactory economic condition of joint-stock companies in the agro-industrial complex requires the development and implementation of specific projects that can change the situation. One of the key problems in joint-stock companies of the agro-industrial complex is the lack of investment in production, therefore it is important to determine the ways and methods, as well as the possibilities of forming a securities market, with the help of which it is possible to solve the problems of financing joint-stock companies of the agro-industrial complex.
There is a speculative trend in the repurchase and sale of products, income is redistributed in favor of processing enterprises. At present, there is a need for a set of measures to eliminate the disparity in prices between agricultural enterprises and processing enterprises using the share market of joint-stock companies in the agro-industrial complex.
Conclusion
Summing up, I can say that the official statistics of Russia distinguishes the following forms of ownership: state (including federal and subjects of the Federation), municipal, public associations (organizations), private and others (including mixed ownership).
And the question arises: under certain conditions, what form of ownership should be given preference and priority in economic policy? In many countries with developed market economies, private property (individual, collective, corporate) prevails. At the same time, a significant part of the property belongs to the state (central and local authorities, municipalities). In the countries of Western Europe, about one tenth of the labor force in industry is employed by state-owned enterprises. The experience of many countries suggests that it is necessary to discard the assumption that only one form of ownership everywhere ensures the efficient functioning of the economy. In addition, both state and private forms of ownership are multivariate. Practice shows that for various spheres, industries, sectors of the economy, their specific forms are good, better than others adapted to the specific conditions of production and exchange. For example, individual property has proven itself well in retail trade, in many types of services (hairdressers, shoe repair shops, household appliances, etc.). Many types of production that do not require excessive complexity and bulky equipment operate effectively on the basis of collective ownership in the form of partnerships, limited liability companies. Large, and even super-large companies based on joint stock principles, for example, giants in the automotive industry, oil, chemical, aircraft manufacturing concerns, etc. can be private. At the same time, railways, communications, power plants, coal mining, metallurgical, defense enterprises can successfully operate in the public sector.
In other words, for each form of ownership and its variants, there is its own “niche”, where some specific form of ownership, and not any form of ownership, turns out to be the most productive.
In many countries, agriculture coexists with their small private forms, and large modern agricultural enterprises, and cooperatives, and state organizations for the maintenance of agriculture and animal husbandry.
Pluralism of forms of ownership turned out to be objectively necessary in the conditions of transition to the market in post-socialist countries.
The concept of the expediency of the formation and development of different forms of ownership is enshrined in the Constitution of the Russian Federation. In Art. 8 states: “In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way.”
Also I found out that:
1. In microeconomic analysis, the main object is the firm (enterprise). Firms form the enterprise sector in the economy. In a market economy, it takes the form of the commercial organization sector, or the entrepreneurial sector.
2. Enterprises (firms) are independent economic units of different forms of ownership that have combined economic resources for commercial activities. Commercial activities are understood as activities for the production of goods and the provision of services for third parties, individuals and legal entities, which should bring commercial benefits to the enterprise, namely profit.
3. Extraction of maximum profit is the ultimate goal of any commercial activity. Its achievement is carried out through the definition and implementation of a set of targets of a tactical and strategic nature.
4. The main working tool of the enterprise is its competitive strategy. It is understood as a mechanism for realizing the competitive advantage of an enterprise. Competitive advantage is the price or quality characteristics of the company's products that distinguish it from competitors and ensure a stable position in the market.
5. The entrepreneurial sector of the national economy usually has a huge number of enterprises, which, for the purposes of economic analysis, are grouped according to a number of essential features, primarily by form of ownership, size, nature of activity and industry, dominant factor of production, and also by legal status.
6. According to the legal status (organizational and legal forms) in Russia, the following enterprises are distinguished: business partnerships and companies, production cooperatives, state and municipal unitary enterprises, as well as individual entrepreneurs.
Bibliography
1. "Course of economic theory" under. ed. A. V. Sidorovich. Moscow, 1997.
2. "The course of economics" under. ed. B. A. Raizberg. Moscow, 2000.
3. "Theoretical economics" under. ed. G. P. Zhuravleva, N. N. Milchakova. Moscow, 1997.
4. "Economic theory" E. F. Borisov. Moscow, 2000.
5. "Economics" K. McConnell, S. L. Brue. Moscow, 1992.
6. "Enterprise Economics" under. ed. O.I. Volkov. Moscow, 1998.
7. "Economics" under. ed. A.S. Bulatov. Moscow, 1997.
8. "Course of microeconomics" R.M. Nureyev. Moscow, 2001.
9. "Fundamentals of entrepreneurial activity", ed. Yu. M. Osipova. Moscow, 1992.
10. "Economic theory" V. Ya. Iokhin. Moscow, 2000.
11. "Entrepreneurship". Hisrich R., Peter M. - M.: Progress-Univers, 1992.
"The course of economics" under. ed. B. A. Raizberg. S. 98.
"Course of economic theory" under. ed. A. V. Sidorovich. S. 465.
"Theoretical Economics" under. ed. G. P. Zhuravleva. S. 134.
"Course of economic theory" under. ed. A. V. Sidorovich. S. 472.
"Course of economic theory" under. ed. A. V. Sidorovich. S. 474.
"The course of economics" under. ed. B. A. Raizberg. pp. 105-109.
"Course of economic theory" under. ed. A. V. Sidorovich. S. 480.
“Economic Theory” E. F. Borisov. S. 96.
“Economic Theory” E. F. Borisov. S. 97.
"Theoretical Economics" under. ed. G. P. Zhuravleva. S. 145.
"Course of economic theory" under. ed. A. V. Sidorovich. S. 483.
Hisrich R., Peter M. Entrepreneurship. - M.: Progress-Univers, 1992. -S. twenty.
By organizational and legal forms:
- economic partnerships and companies
- Ш business partnerships
- o general partnership: a general partnership is such an association of individuals or legal entities whose members are liable for the obligations of the partnership with all movable and immovable property. This means that if you, as an individual, entered into a general partnership as one of the founders, then in the event of liability (bankruptcy) you will be described all personal property that goes beyond the vital: car, cottage, furniture, paintings, jewelry etc. Persons who have joined an already existing society are liable, along with the old members of the society, for all debts, including those that arose earlier, before they entered the society.
- o limited partnership: a limited partnership, otherwise a limited partnership - a partnership in which, along with participants who carry out entrepreneurial activities on behalf of the partnership and are liable for the obligations of the partnership with their property (general partners), there are one or more participants - contributors (limited partners), who bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of their contributions and do not take part in the implementation of entrepreneurial activities by the partnership.
- Ш business companies
- o joint-stock company: a joint-stock company is a commercial organization, the authorized capital of which is divided into a certain number of shares, certifying the obligations of the company's participants (shareholders) in relation to the company.
ь open joint stock company: shareholders of an open joint stock company may alienate their shares without the consent of other shareholders.
ь closed joint-stock company: shares of a closed joint-stock company are distributed only among the participants of this company and are not distributed among a third-party circle of persons.
- o limited liability company: a limited liability company is a company founded by one or more persons, the authorized capital of which is divided into shares of the sizes determined by the constituent documents. Members of a limited liability company are not liable for its obligations and bear the risk of losses associated with the activities of the company, to the extent of the value of their contributions. Currently, the Russian Federation has a special law regulating the legal status of limited liability companies.
- o additional liability company: additional liability company - a company founded by one or more persons, the authorized capital of which is divided into shares of sizes determined by the constituent documents; the participants in such a company jointly bear additional responsibility for its obligations with their property in the same multiple for all of the value of their contributions, determined by the constituent documents of the company.
- Production cooperative (artel): a production cooperative is a voluntary association of citizens on the basis of membership for joint production or other economic activities (production, processing, marketing of industrial, agricultural and other products, performance of work, trade, consumer services, provision of other services), based on their personal labor and other participation and association by its members (participants) of property share contributions.
- · State and municipal enterprises. A state enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise.
- Ш On the right of economic management
- Ш On the right of operational management (federal state enterprise)
THEME 1.4. ORGANIZATIONAL AND LEGAL FORMS OF OWNERSHIP IN ROAD TRANSPORT.
1. FORMS OF OWNERSHIP.
2. ENTERPRISES OF VARIOUS FORMS OF OWNERSHIP OPERATING IN ROAD TRANSPORT.
FORMS OF OWNERSHIP.
One of the defining structural elements of the economic system is socio-economic relations in society. In turn, they are based on the dominant form of ownership. Property relations have an impact on the economy, politics, ideology, etc.
Own- a historically conditioned form of appropriation of material goods by people. With a more thorough analysis of its content, its economic and legal aspects come to the fore. They are closely interrelated and interdependent.
Property as an economic category reflects the objectively developing relations between people regarding their appropriation in the course of economic activity of the means of production, as well as the goods, services and incomes received with their help.
Property as a legal category reflects, in accordance with the current legislation, the whole range of real (property) rights of people in a given society. When comparing these two categories, the conclusion is indisputable that the legal relations of ownership are a form of expression, existence and consolidation in legislative and regulations property relations.
A property or property right can be exclusive, absolute and relative and, accordingly, be expressed in terms of disposal, possession and use.
Disposition- the right of the owner to dispose of the property (land, resources, production).
Possession - belonging of an object to a certain subject (person, family, production team, etc.), the possibility of direct impact on the object.
Use(use) - the use of the object of property in accordance with its purpose and at the discretion and desire of the user.
Property classification suggests the selection of its main varieties:
Private;
public;
World practice shows that the defining type of property in a market system is private , which comes in three main forms:
1. sole proprietor;
2. group or partnership;
3. corporate.
sole proprietorship characterized by the fact that an individual or legal entity implements all property relations (disposition, possession, use). As a rule, these are simple commodity producers (farming, family farming). In addition, sole property can be represented in the form of ownership of an individual private person who can use hired labor.
Group ownership involves the unification in one form or another of the property, capital of several legal entities or individuals in order to carry out common business activities. We are talking about enterprises formed on the basis of share contributions (means of production, land, money, material values, innovative ideas) of the founders.
Corporate property is based on the functioning of capital, which is formed by the free sale of property titles - shares. Each shareholder is the owner of the capital of the joint-stock company.
The right of private property is protected by law. “Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons” (Article 35 of the Constitution of the Russian Federation
As part of public property should be highlighted:
1. collective;
2. state;
3. public property.
Collective property is formed by its distribution among the employees of the team employed at a particular enterprise (such is a closed joint-stock company).
acts as the property of all members of society. However, the implementation of appropriation relations through ownership relations is carried out by the state apparatus, which is designed to embody the socio-economic interests of all segments of the population, professional and social groups of society.
State property- this is property owned by the right of ownership of the Russian Federation (federal property), as well as property owned by the right of ownership of the constituent entities of the Russian Federation - republics, territories, regions, cities of federal significance, autonomous regions, autonomous regions. Earth and others Natural resources not owned by citizens, legal entities or municipalities are state property. This definition is given in Art. 214 (clauses 1 and 2) of part 1 of the Civil Code of the Russian Federation. If the funds of the relevant budgets or other state property are not assigned to state enterprises and institutions, then they constitute the state treasury of the Russian Federation or the treasury of the corresponding subject of the Federation. State-owned property is assigned to state enterprises and institutions for possession, use and disposal public property implies the belonging of the entire public domain directly (immediately) and at the same time to everyone and everyone individually.
“In the Russian Federation, private, state, municipal and other forms of ownership are recognized and protected in the same way” (Article 8 of the Constitution of the Russian Federation).
To other forms of ownership in our country are:
Individual property. This form concentrates in one subject all the listed signs: labor, management, disposal of income and property. In the modern economy, this may include those who are commonly called unincorporated owners. In Russia, these can be: peasants running their own farms; individual merchants (including "shuttle traders"); private practitioners; lawyers, all those who combine labor, administration, disposal of income and property.
cooperative property. This form is based on the association of individual owners. In a cooperative, everyone participates with their labor and property, has equal rights in the management and distribution of income.
Shareholding property. This is a group private property, which is created by issuing and selling securities - shares and bonds. The presence of securities is a distinctive feature of the joint-stock form of ownership.
Mixed forms of ownership . AT this case there is a diffusion of different forms and property relations, as a result of which the internal content of individual forms becomes more complicated. For example, inside state enterprises structures of a private enterprise and cooperative nature can be formed. In the transitional economy of Russia, this process has acquired significant proportions.
Combined forms. The modern economy, in search of effective functioning and implementation of projects, comes to the unification of various forms of ownership, while maintaining each of them with its own special content. As a result, combined forms are formed. These may include joint ventures, holdings, financial and industrial groups, concerns, trusts and other forms with equal powers to manage, distribute income and dispose of property.
Distribution of enterprises by form of ownership in the Russian Federation:
http://www.krsdstat.ru/digital/region22/DocLib/2.htmhttp://www.krsdstat.ru/digital/region22/DocLib/2.htm
(you can build graphs and analyze the dynamics)