Today the most important role in the economy of the Russian Federation is given to state corporations. They serve as the largest employers who ensure the full development of entire industries. Some of the state corporations (Roskosmos, for example) have a position close to a monopoly. That is why they are practically indispensable subjects for the development of the country's economy. It is advisable to consider the main characteristics, the history of appearance and the list of state corporations currently known.
Public corporation concept
A state corporation is a non-profit institution whose assets are owned by the Russian Federation. It is created for the implementation of functions that are especially significant for society. Among them, for example, is the fair distribution of financial resources. In practice, the presented function can be expressed in the fact that one of the orders of the state corporation Rosatom, for example, approves the possibility of providing jobs with satisfactory wages. This stimulates the growth of the purchasing power of people. Or, for example, that such structures arelargest private-level business customers. This contributes to the development of entrepreneurship in the country. State corporations are institutions that act as an incentive for the monetization and growth of the economy as a whole, and also contribute to the emergence and further expansion of ties at the international level.
State corporations, state enterprises and state companies
Next, it is advisable to consider the similarities and distinctive features of these structures. State companies and state corporations are two types of non-profit institutions. They are similar in some ways and different in some ways. It is worth noting that the regulation of their activities is carried out through the same legal source - the Law "On Non-Commercial Organizations". In accordance with the provisions of this act, a state company should be understood as an NPO that does not have membership, formed on the basis of property investments for the provision of public services and the implementation of other functions, subject to the involvement of state property complexes in the form of management on a trust basis. The State ATM Corporation is also an NPO that does not have membership, formed on the basis of a property contribution, but already to achieve goals that are significant for society and perform socially important functions, as noted above. Both types of government agencies are based on the issuance of federal laws.
It is worth bearing in mind that state-owned corporations and state-owned enterprises have even more pronounced differences. The first are endowed with the statusentities that are established by the country's system of government. And state-owned enterprises do not have to be established by the state on a mandatory basis, but they own the largest part of state shares. You need to know that even private individuals can act as co-owners of state-owned enterprises.
Differences between state-owned enterprises and corporations are quite difficult to trace in terms of organizational and legal forms. The reason is that state corporations are the same economic societies as state enterprises. They may be open or closed. Some lawyers consider it correct to refer state corporations to a number of organizations. For example, to the Federal State Unitary Enterprise of the State ATM Corporation. State enterprises can exist only as business entities. This means that the unitary form is absolutely not peculiar to them. Today, there are experts who distinguish between the concepts of federal state unitary enterprises and state corporations. This is due to the fact that the latter are almost completely not controlled and do not report to state structures. The only exception may be the need to periodically provide some information regarding the activities being implemented to the Government of the country. State structures have much more powers regarding the management of FSUE branches. This does not apply to state ATM corporations.
Today it is widely believed that a state corporation can be represented in absolutely any organizational form. Examples of state-owned enterprises are structures such as Russian Railways, Rosneft or Rostelecom. Examplesunitary type enterprises are Mosgortrans, Russian Post and the TASS agency. State corporations, state companies and state enterprises should be distinguished at least on the basis of their mechanism of establishment. It, in turn, is predetermined by the peculiarities of the legal regulation of the relevant structures.
Legal regulation of state corporations
Next, we will study the legal aspect of the work of state corporations in ATM. State corporations belong to the branch of civil law. In other words, in transactions and legal relations of a different nature, they play the role of legally equal subjects in relation to partners. Nevertheless, the legal status of such structures is endowed with a number of features. Thus, state corporations on the territory of the Russian Federation are established on the basis of a published federal law. The main aspect of the activities of the relevant structures is that they are not obliged to bear responsibility for the obligations of the Russian Federation that may arise. And vice versa, the state is in no way responsible for the activities of state corporations (Air Navigation, Rostec, Rosatom, and so on). An exception may be scenarios in which some types of mutual responsibility are described in the law.
What privileges do state corporations have?
Another noteworthy aspect of the activities of the ATM branches of state corporations is the exclusion of the application of legislative provisions that regulate bankruptcy. In addition, institutions have certain privileges in terms of reporting: they must not disclose informationregarding activities in the same way that economic societies are obliged to do; they have no obligation to submit reports to state bodies, with the exception of a number of government structures; public corporations are en titled to conduct competitions within the framework of the public procurement mechanism based on the rules that are established by them independently. These rules do not have to coincide with the standards approved in the legislation on public procurement.
It is important to pay attention to how the bodies that manage state corporations are created. As a rule, an appropriate order of state corporations is issued, which states that the head is a leader acting in accordance with the norms determined by a separate legislative act. Thus, in accordance with the provisions of a number of legal acts, most often the heads of state corporations are appointed directly by the President of the Russian Federation.
History of occurrence
State corporations, being subjects of civil law, began to appear after the introduction of 07/08/1999 into the Law, which regulates the work of organizations of a non-profit type, certain adjustments. Thus, the basis for the legalization of the activities of these structures arose. It is believed that the first state corporation on the territory of the Russian Federation was an agency called ARKO. It was engaged in the reconstruction of banking-type institutions. The structure was registered in 1999. However, after the establishment of the represented agencystate corporations did not immediately become a popular organizational and legal form of business in Russia, subject to the participation of the state. Since 2007, the popularity of these institutions began to gain momentum.
List of state corporations
The list of state corporations based on the territory of the Russian Federation is not very large today. However, it is closed. In accordance with the tasks set by individual state structures and the state as a whole, new organizations of the type in question can be formed, as well as existing ones can be abolished. The largest public corporations currently include the following entities:
- Rosatom State Corporation.
- State Corporation Vnesheconombank.
- Rosnato State Corporation.
- Rostec State Corporation.
- State Corporation DIA.
It should be noted that the state corporation Olympstroy was responsible for the construction of Olympic facilities in Sochi. In addition, the Housing and Public Utilities Fund is a significant state corporation in terms of the scale of its activities.
Prospects for public corporations
How promising is the further development of state corporations? There are different opinions and points of view here. Over the past 2-3 years, more and more notifications have appeared in the media that the considered form of activity of enterprises will soon be canceled. In particular, in one concept regarding the improvement of the currentlegislation that regulates the activities of legal entities on the territory of Russia, provisions were included on the need to transform state corporations into other organizational and legal forms of institutions. At the same time, the actual privileges that state corporations have today should be canceled.
Despite such relative plans, today state corporations are successfully fulfilling their functions (the state corporations Rosatom, Rostekhnologii, housing and communal services are currently developing more and more large-scale activities). True, their work is under serious control of government bodies. The reason is the desire of the Government of the country to increase the efficiency of the activities of the structures under consideration. In particular, there is a fairly active adjustment of the current systems of remuneration of employees of state enterprises. There are, for example, proposals regarding the linking of compensation payments to employees of relevant institutions to the results of work in fact. There are initiatives according to which the powers of employees of state corporations are planned to be brought closer to those characterizing the activities of civil servants. By analogy, there is an idea about the need to impose additional restrictions on specialists of state-owned companies, especially those related to the ability to conduct commercial activities.
Sectoral features of the development of state corporations
Today there are theses that the work of state corporations should be regulated in accordance with the specificsspecific segment of their business. Thus, financial state corporations are more compatible with the legal provisions that strictly regulate their activities. Innovative public corporations are unlikely to need such heavy regulation. By analogy, the sectoral approach can be adapted to the work of other institutions. As a result, state corporations remain relevant in terms of a popular form of activity and, according to analysts, have good development prospects.
Features of foreign state corporations
After a full study of the characteristics of the activities of state corporations of the Russian Federation, it is advisable to move on to considering the specifics of the work of the corresponding types of enterprises abroad. Naturally, the presence of the institutions of the plan under consideration presupposes not only our political system. State corporations operate in almost all countries of the world. For example, in the US, one of the largest structures is Amtrak. This company provides services in the field of rail transportation. It was established back in 1971, long before state corporations appeared in Russia. It is interesting that American and Russian institutions of the type under consideration are somewhat similar in such an aspect as formation: state corporations in both countries are created on the basis of legal acts that have been adopted. Amtrak is thus established by act of Congress.
Another largest US public corporationis OPIC. This structure invests in foreign projects. It was created back in 1971, like Amtrak. Many experts consider it an agency reporting to the US government. It is in this aspect that the distinctive features of Russian organizations of the corresponding plan from American ones are clearly traced.
So, we have studied the essence and features of the term "public corporations". In addition, relevant examples and their characteristics were studied both on the territory of the Russian Federation and in foreign countries. What conclusions can be drawn from this? To begin with, it should be understood that a state enterprise and a state corporation are completely different things. Close in meaning to state corporations is the term "state companies". In particular, regulation of both types of organizations is carried out through the provisions of the same legislative act.
Nevertheless, it is worth bearing in mind that all three of the concepts studied today are often synonymous. Of course, in legal terms, this is not entirely correct, but in general, synonymy is acceptable due to the fact that the terms presented are actually very close in meaning. State corporations in Russia, the list of which is undergoing regular adjustments, in accordance with the dynamics and priorities of the lawmaking of state structures, are, despite the provisions regarding the possibility of abolishing the type of legal entities in question, a fairly promising form of activity. Successful development of state corporations onterritory of the Russian Federation depends on the quality of the current legislation governing this issue, especially in the field of determining performance criteria.