Today, state corporations play a crucial role in the Russian economy. They serve as the largest employers who ensure the full development of entire industries. Some of the state-owned corporations (Roscosmos, for example) have a position close to monopoly. That is why they are almost indispensable subjects for the development of the country's economy. It is advisable to consider the main characteristics, the history of the emergence and the list of state-owned corporations currently known.
Concept of state corporation
A state corporation is a non-profit type institution whose assets are owned by the Russian Federation. It is created to implement functions that are especially significant for society. Among them, for example, a fair distribution of cash resources. In practice, the presented function can be expressed in the fact that one of the orders of the state corporation Rosatom, for example, affirms the possibility of providing jobs with satisfactory wages. This stimulates the growth of purchasing power of people. Or, for example, in the fact that such structures are the largest customers for private-level businesses. This contributes to the development of entrepreneurship in the country. State corporations are institutions that serve as an incentive for monetization and growth of the economy as a whole, and also contribute to the emergence and further expansion of relations at the international level.
State corporations, state enterprises and state companies
Further, it is advisable to consider the similarities and distinguishing features of these structures. State-owned companies and state corporations are two types of non-profit type institutions. They are somewhat similar, but somewhat different. It is worth noting that the regulation of their activities is carried out through the same legal source - the Law "On Non-Profit Organizations". In accordance with the provisions of this act, a state-owned company should be understood as an NPO that does not have a 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 trust management. The ATM State Corporation is also an NGO that does not have a membership, formed on the basis of a property contribution, but already to achieve goals significant for society and to carry out socially important functions, as noted above. Both types of state institutions are created on the basis of the issuance of federal laws.
It should be borne in mind that state corporations and state enterprises have even more pronounced differences. The first are endowed with the status of entities that are established by the country's power system. And state-owned enterprises should not be established by the state without fail, but they own the largest part of state shares. You need to know that even private individuals can be co-owners of state enterprises.
The differences between state-owned enterprises and corporations are difficult to trace relative to legal forms. The reason is that state-owned corporations are the same economic societies as state-owned enterprises. They can be open or closed. Some lawyers consider it appropriate to classify state corporations as a number of organizations. For example, to FSUE state corporation for ATM. State-owned enterprises can exist only as business entities. Therefore, the unitary form is absolutely not characteristic of them. Today, there are experts who distinguish between the concepts of FSUE 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 authority regarding the management of FSUE branches. This does not apply to state-owned 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 such structures as Russian Railways, Rosneft or Rostelecom. Examples of unitary type enterprises are Mosgortrans, Russian Post, and TASS. State corporations, state-owned companies and state-owned enterprises need to be distinguished at least based on their establishment mechanism. It, in turn, is predetermined by the features of the legal regulation of the relevant structures.
Legal regulation of state corporations
Next, we study the legal aspect of the work of state corporations in ATM. State corporations belong to the civil law industry. In other words, in transactions and legal relations of a different nature, they play the role of entities with equal legal rights in relation to partners. Nevertheless, the legal status of such structures is endowed with a number of features. So, state-owned corporations on the territory of the Russian Federation are established on the basis of a published federal law. The main side 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 (Aeronavigation, Rostec, Rosatom, and so on). An exception may be scenarios, according to which some types of mutual responsibility are described in the law.
What privileges do state corporations have?
Another notable aspect of the activities of branches of state corporations for ATM is the exclusion of the application of legislative provisions that govern bankruptcy. In addition, institutions have some privileges in terms of reporting: they should not disclose information about activities in the same way that economic societies are required to do; they have no obligation to submit reports to government bodies, with the exception of a number of government structures; state corporations are empowered to conduct tenders as part of the public procurement mechanism based on the rules that they establish themselves. 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 governing state corporations are created. As a rule, the corresponding order of state corporations is issued, which states that the head is the head, acting according to the norms determined by a separate legislative act. Thus, in accordance with the provisions of a number of legislative acts, most often the heads of state corporations are appointed directly by the president of the Russian Federation.
History of occurrence
State corporations, as subjects of civil law, began to appear after the 08/08/1999 introduction into the Law, which regulates the work of non-profit organizations, certain adjustments. Thus, the basis for legalizing the activities of these structures arose. It is believed that the first state-owned corporation in the Russian Federation was an agency called ARCO. It was engaged in the reconstruction of banking institutions. The structure was registered in 1999. Nevertheless, after the establishment of the agency presented, state corporations did not immediately become a popular legal form of business in Russia, subject to state participation. Since 2007, the popularity of these institutions has begun to gain momentum.
List of state corporations
The list of state-owned 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. The largest state corporations currently include the following entities:
- The state corporation Rosatom.
- Vnesheconombank State Corporation.
- The state corporation Rosnato.
- State Corporation Rostec.
- 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 Utilities Fund is significant in terms of the scope of activities of the state corporation.
Prospects for State Corporations
How promising is the further development of state-owned corporations? There are different opinions and points of view. Over the past 2-3 years, more and more notifications have appeared in the media that the form of activity of enterprises under consideration will soon be canceled. In particular, one concept regarding the improvement of the current legislation that regulates the activities of legal entities in Russia included provisions on the need to transform state corporations into other organizational and legal forms of institutions. At the same time, the current privileges that state corporations have today must be revoked.
Despite such relative plans, today state-owned corporations are successfully fulfilling their functions (state corporations Rosatom, Rostekhnologii, and housing and communal services are currently developing increasingly large-scale activities). True, their work is under the serious control of government bodies. The reason is the desire of the Government of the country to increase the efficiency of the considered structures. In particular, a fairly active adjustment is underway in the current wage systems for employees of state enterprises. There are, for example, proposals for linking compensation payments to employees of the respective institutions to the actual results of work. There are initiatives by which the powers of employees of state corporations are planned to be brought closer to those characterizing the activities of public servants. By analogy, there is an idea about the need to impose additional restrictions on the specialists of state-owned companies, especially those related to the ability to conduct commercial activities.
Industry specifics of the development of state corporations
Today, there are theses that the work of state corporations should be regulated in accordance with the specifics of a certain segment of their activities. Thus, financial state corporations are more compatible with legal provisions that strictly regulate their activity. Innovative state-owned corporations will likely not need such tight regulation. By analogy, the sectoral approach can be adapted to the work of other institutions. As a result, state corporations retain their relevance in terms of a popular form of activity and, according to analysts, differ in good development prospects.
Features of foreign state corporations
After a full study of the characteristics of the activities of state-owned corporations of the Russian Federation, it is advisable to proceed to consider the specifics of the work of the respective types of enterprises abroad. Naturally, the existence of institutions of the plan under consideration involves not only our political system. State corporations operate in almost all countries of the world. For example, in the USA, one of the largest structures is Amtrak. This company provides rail transportation services. It was established in 1971, much earlier than state corporations appeared in Russia. It is interesting that the American and Russian institutions of this type are somewhat similar in such an aspect as formation: state-owned corporations in both countries are created on the basis of regulatory legal acts that have been adopted. Thus, Amtrak was established by decree of the US Congress.
Another major U.S. state corporation is OPIC. This structure invests in foreign projects. It was created back in 1971, like Amtrak. Many experts consider it an agency accountable to 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 “state corporations”. In addition, relevant examples and their characteristics were investigated 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 two completely different things. Close to the meaning of state-owned corporations is the term "state-owned companies." In particular, the regulation of both types of organizations is carried out through the provisions of the same legislative act.
Nevertheless, it should be borne 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 permissible 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 lawmaking of state structures are, despite the provisions regarding the possibility of abolishing the type of legal entities under consideration, a fairly promising form of activity. The successful development of state corporations in the Russian Federation depends on the quality of the current legislation governing this issue, especially in the field of determining performance criteria.