Functions for managing state property are implemented. Federal Agency for State Property Management

Lecture 5. Mechanism for managing state and municipal property.

Functions and structure of state property management bodies.

Municipal property management system

Methods of managing state and municipal property.

Functions and structure of state property management bodies.

Management of state property is a conscious, purposeful impact on the part of the state on all objects of property owned by it. In practice, this means that the state, as the owner, establishes certain rules and conditions of ownership, use and disposal of these objects.

The greatest effect from the implementation of these rules and conditions is achieved when the management influence of the state in the person of the authorities authorized by it is carried out systematically, that is, using a set of measures that form a system of state property management.

According to the Constitution, state power in the Russian Federation is organized and functions on the basis of division into legislative, executive and judicial.

In relation to the management of state property, the main function of the legislative authorities is to adopt property laws and approve the budget. At the same time, executive authorities provide organizational and administrative activities for the implementation of laws, and judicial authorities provide the administration of justice.

State property is managed by numerous entities. This system reflects the procedure of delegation of powers inherent in public administration, which means the involvement of bodies in the orbit of managerial competence on a certain issue state power various levels, as well as local governments and other legal entities. And the point is far from being a static cross-section of the picture of managing subjects; specific persons and entire government bodies can change, be abolished, etc. The fact is that the existence of the public sector predetermines the managerial competence of the state in general, and the distribution of this competence between government bodies is a procedural issue, not a matter of principle.

The President of Russia is the head of state, who de jure does not belong to the system of executive power. However, de facto the President of the Russian Federation can be called the head of the executive branch, because it is he who plays the determining and decisive role here. Among the constitutional powers of the President of the Russian Federation is approval of the system and structure of federal executive bodies on the proposal of the Chairman of the Government, making changes to them, appointing the Chairman of the Government, etc. Some federal bodies are directly subordinate to the President. It is the President of the Russian Federation who can use conciliation procedures to resolve disagreements between executive authorities. By issuing decrees, the President of the Russian Federation can resolve issues of managing state property both in general and specifically.

This was especially characteristic of the stage of mass privatization and the formation of property relations, when very important and large blocks of economic problems were regulated at the level of presidential decrees.

A general description of the powers of the Government of the Russian Federation is given in Art. 114 of the Constitution of the Russian Federation. Among them, “economic” include the development and presentation of the federal budget and the report on its execution; ensuring the implementation of a unified financial, credit and monetary policy in the Russian Federation, as well as a unified state policy in the fields of culture, science, education, healthcare, social security, ecology; implementation of management of federal property.

Exercising its powers, the Government issues decrees and orders, many of which determine the procedure for managing state property, and also contain specific measures for such management.

The federal executive body that carries out the functions of managing federal property, including in the field of land relations, functions of providing public services and law enforcement functions in the field of property relations is the Federal Agency for State Property Management (official abbreviated name - Rosimushchestvo). The Regulations on the Federal Property Management Agency were approved by Decree of the Government of the Russian Federation dated June 5, 2008 No. 432.

The main functions of the Federal Property Management Agency within the established powers are:

implementation of a unified state policy in the field of property and land relations;

exercise of the powers of the owner within the limits and in the manner determined by federal legislation in relation to the property of federal state unitary enterprises and state institutions (with the exception of the powers of the owner, which in accordance with the legislation of the Russian Federation are exercised by other federal agencies), shares (stakes) of joint-stock (economic) companies and other property constituting the treasury of the Russian Federation Federation, as well as the powers to withdraw from institutions and state-owned enterprises excess, unused or misused federal real estate, transfer of federal property to individuals and legal entities, privatization (alienation) of federal property;

delimitation of state property, including land, property of the Russian Federation, property of the constituent entities of the Russian Federation, property of municipalities;

exercising the powers of the owner of the property of the debtor-federal state unitary enterprise during bankruptcy procedures;

protection of property and other rights and legitimate interests of the Russian Federation in the management of federal property and its privatization on the territory of the Russian Federation and abroad;

accounting for federal property and maintaining a register of federal property.

He is the founder of the specialized agricultural bank Rosselkhozbank, as well as the main shareholder of the VTB banking group and the Rosneft oil company;

He is the owner of OJSC Penza Production Association EVT, which produces electronics under the brands “Electroincsdeluxe” and “Deluxe”.

The Federal Property Management Agency has the following structure of the central apparatus:

Office of the Register and Analysis of the Use of Federal Property (formerly the Office of Accounting and Maintenance of the Register of Federal Property);

Land Fund Administration;

Management of the property of the state treasury, ensuring the property basis of the activities of public entities, federal authorities and organizations;

Department of Privatization of State Property;

Department for work with seized property and state property;

Department for the disposal of property converted into state ownership and other seized property;

Property management of law enforcement agencies, law enforcement and judicial agencies;

Legal management;

Department of Infrastructure Industries and Organizations of the Military-Industrial Complex;

Department of Innovative Corporate Technologies and Organizations of the Industrial Complex (formerly - Department of Organizations of Industry, Agriculture and Natural Resources);

Department of Organizations of the Socio-Cultural Sphere and Foreign Property (formerly - Department of Organizations of the Non-Production Sphere and Foreign Property);

Directorate for Organization of Federal Property Assessment and Audit;

Department of organization of work of territorial bodies;

Department of Logistics and State Order;

Property Management of Scientific Organizations;

Financial management;

Information Policy Department;

Business management;

Department of regime and secret office work;

Management of sales and pre-sale preparation of privatized property.

As noted above, various government bodies, and not always the executive, take an active part in the management of state property. For example, such a body that carries out its activities in the field of state property, including those not related to executive authorities, is the Accounts Chamber of the Russian Federation. According to the Federal Law on the Accounts Chamber, this is a permanent body of state financial control, formed by the Federal Assembly of the Russian Federation and reporting to it. One of the tasks of the Accounts Chamber is to determine the efficiency and feasibility of spending public funds and using federal property. Control is exercised over the flow into the federal budget of funds received from the disposal of state property (including its privatization, sale) and from the management of federal property.

The Ministry of Economic Development and Trade of the Russian Federation (Ministry of Economic Development of Russia) has great powers in the economic field in general, and in relation to state property in particular. This ministry is a federal executive body that develops and implements state socio-economic policy, including a unified state trade policy, determining ways of economic development and methods of its regulation, ensuring socio-economic progress and sustainable development of the Russian Federation.

State authorities of the constituent entities of the Russian Federation and management of state property.

The general scheme for managing state property, implemented in the charters of the constituent entities of the Russian Federation, is as follows. State property and its management are assigned as the subject of jurisdiction of a constituent entity of the Russian Federation. The legislative branch establishes the general procedure for managing state property in laws (the maximum size of transactions with state property, the list of objects that are not subject to privatization, the definition of state property, etc.). The powers of the owner are exercised by the highest executive body (regional administration, government of the republic), which coordinates the actions of other executive bodies.

When delineating powers on subjects of joint jurisdiction, federal bodies are entrusted with the implementation of the functions of executive authorities that have national (federal) significance, as well as state powers, the effective implementation of which cannot be ensured at the level of constituent entities of the Russian Federation. It is important that the functions of federal executive authorities are established on the basis of a unified methodology for classifying functions government controlled carried out within the framework of a unified system of executive power in the Russian Federation, which is contained in the classifier of functions of executive authorities (approved by the President at least once every 2 years).

The literature describes the following forms of interaction between executive authorities:

1. coordination of the activities of executive authorities;

2. delegation of authority;

3. intradepartmental (including intra-organizational) and interdepartmental control;

4. holding joint events by executive authorities (joint inspections);

5. interdepartmental exchange of information.

Taking into account the regional structuring of property and the separation of federal, sub-federal and municipal forms, its management is built on the basis of the joint jurisdiction of government bodies at various levels. State property is the subject joint management federal and regional authorities and management, and the municipal one is the object of joint jurisdiction of bodies of even three levels: federal, subfederal and local.

The division of property at the three indicated levels certainly contributes to the decentralization of management and its democratization, taking into account the regional characteristics of territories, however, the processes of state regulation, in particular decision-making procedures, are becoming more complicated. For example, if we're talking about on the creation or liquidation of a federal enterprise, decisions are made by the Government of the Russian Federation on the joint proposal of three bodies - the Federal Property Management Agency, the Ministry of Economy, the relevant line ministry (department) - agreed with the executive authorities of the subject of the federation on the territory of which this enterprise is located.

Decisions regarding the creation (liquidation) of municipal enterprises are made taking into account federal legislation, legal acts of the constituent entities of the federation and local representative bodies issued within the limits of their powers, and are agreed upon with all interested parties. In addition to representative and executive authorities at various levels (including Territorial Departments of the Federal Property Management Agency), these include a number of state and local government bodies, without whose sanction the mentioned decisions cannot be made (authorities for land resources, nature conservation, etc.).

Consequently, management procedures for the implementation of property rights at the local level become even more complex. This requires a very clear division of competence and responsibility between authorities and management at various levels that make decisions affecting property relations. However, such clarity has not been achieved in the current legislation; regulations are often formulated without proper specification, which not only complicates property management at the regional level, but also creates preconditions for reducing efficiency in property management.

The fragmentation of state property management and the development of a sectoral approach have a number of negative consequences.

1. Legal. Art. is violated. 295 Civil Code RF, according to which the owner of the property (in this case, his representative is the State Property Committee of the Russian Federation) decides on the reorganization of enterprises, gives consent to the sale of real estate, leasing it, collateral, making a contribution to the authorized capital, etc.

2. Economic. The multi-subject nature of state property management returns it to the status of “nobody's” property, for which virtually no one is responsible. This leads to significant losses of state property and its misuse. The priority of the sectoral approach introduces an imbalance in the development of the Russian economy as a whole and creates the preconditions for the emergence of so-called depressed regions.

3. Managerial. There is no unified policy for the management and disposal of state property, a kind of “rules of the game” common to all objects, regardless of industry; Feedback from object to subject of management. In view of this, it is difficult to adjust and eliminate the negative consequences of various control actions. Strengthening the departmental factor in the management of state property strengthens command-administrative methods of economic management.

4. Political. The emphasis on a sectoral approach infringes on the rights of perions and limits their functions in the management and disposal of state property, which in a federal state leads to increased political instability and regional separatism.

The departmental approach to state property management poses a threat to national security countries, so departmental and national interests may not coincide.

Municipal property management system

Property relations are a central problem in the process of formation and development of the urban real estate management system, since on the territory of modern cities there are objects that can be both state and municipal property. Accordingly, the management system becomes strictly hierarchical.

On behalf of the Russian Federation, the powers of the owner in relation to federal objects within the competence established by law are exercised by the Government of the Russian Federation.

On behalf of the constituent entities of the Federation, the management of state property, including real estate, is carried out by the state authorities of the constituent entities of the Federation in accordance with the division of jurisdiction and powers between the state authorities of the Russian Federation and its constituent entities.

On behalf of the municipality, the powers of the owner are exercised by local government bodies, which have the right to independently create bodies for managing municipal real estate. In fairly large municipalities this may be the municipal property committee. In small cities and towns, the management and disposal of real estate is carried out with the consent of the head of local government by a structural unit, which, as a rule, has a fairly wide range of powers, covering the economy, property management, taxes and financial policy.

Administrative-territorial structure- this is the division of a territory into certain parts (territorial entities) based on the historical settlement, socio-economic and cultural connections of the territories with the aim of optimal organization of public administration and local self-government.

The administrative-territorial structure should be considered in the same way as a system of administrative-territorial units that have fixed boundaries, a name, and the corresponding status established by law.

Under border of the municipality understand the boundary of the total territory, including the lands of urban and rural settlements, adjacent public lands, recreational lands, lands necessary for the development of settlements, and other lands, regardless of the form of ownership and intended purpose. The boundary of a municipality separates the aggregate territory from the territories of other municipalities.

From a management point of view, the issue of coincidence or non-coincidence of the boundaries of administrative-territorial units and municipalities is significant. The border of a municipality may completely or partially coincide with the border of administrative-territorial units. One or more municipal entities may be located on the territory of an administrative-territorial unit, but the territory of one municipal entity cannot be located within the territories of two or more administrative-territorial units. If such a need arises, the boundaries of the latter are changed so that the municipality is located within the boundaries of one administrative-territorial unit. Before the adoption of charters, the territories of municipal formations are considered to be territories corresponding to the current administrative-territorial structure.

A municipal entity must exist as an independent economic entity that solves problems local significance at the expense of local budget funds and the effective use of municipal property. Therefore, municipal property plays an important role in the implementation of local economic policy.

In recent years, the administration of each municipal entity has had to solve problems that previously remained outside the scope of its activities, such as the formation of municipal property, the organization of its accounting, and the choice of forms and methods of management. At present, the organizational and economic mechanism for managing municipal property is just being formed. Separate elements of this mechanism have already been created, some are defined in legislative and regulatory acts and must be put into effect.

In the process of managing municipal property, local governments implement general and specific management functions, including planning and programming; marketing; monitoring; audit; accounting; control; assessment, etc.

Management and disposal of municipal property is carried out by local authorities: Duma, Legislative Assembly, municipal council or other bodies of representative power and local administration. Federal laws “On the general principles of the organization of local self-government in the Russian Federation” dated August 28, 1995 No. 154 FZ and “On the privatization of state property and the principles of privatization of municipal property in the Russian Federation” dated July 21, 1997 No. 123 FZ determined the rights of bodies local government in the field of property management and the powers of local government in the process of privatization of municipal property.

The effective functioning of the municipal property management system is possible if there is reliable and complete information about the composition, structure and condition of its individual objects and their complexes. For this purpose, local administrations create the necessary information systems and establish a procedure for accounting for municipal property, according to which a register of municipal property is formed and maintained.

Register of municipal property - This is a municipal information system, representing a set of databases built on uniform methodological, software and technical principles, containing lists of accounting objects and information about them.

Accounting objects, located on the territory of the municipality and beyond its borders are:

1. municipal unitary enterprises, municipal institutions, taking into account the value of municipal property assigned to them under the right of economic management or operational management in the prescribed manner;

2. municipal non-residential facilities;

3. municipal housing facilities;

4. municipally owned shares (shares, contributions) of business partnerships and companies.

The accounting forms are approved by the relevant municipal property management committee.

Accounting is based on data, firstly, from a technical inventory of objects and, secondly, from the accounting reports of balance holders of municipal property.

Informatization of municipal property management processes involves the implementation of a set of measures aimed at ensuring the full and timely use of reliable knowledge about the state of the management system and the market, among the main participants of which is the local administration. The main goal of informatization is to meet the demand for information products and services.

The presence of information infrastructure is a necessary condition for the operation of any market.

For almost all market subjects working in it professionally, necessary and important information is, firstly, about the existing “rules of the game” in the market and their changes (not only those that have already occurred, but also the most likely ones) and, secondly, about the structure of supply and demand for specific market objects.

Almost all legislative and regulatory legal acts interpret property management as a decision-making process on choosing the form of use of an object.

Municipal property management is a set of effective actions of the owner (or manager) aimed at preserving the basic qualities of the property or increasing them; targeted impact on property objects and subjects of their use in the interests of the municipality, associated with the establishment of rules, conditions for the use of municipal property, the achievement of set goals, taking into account public values.

Such a formulation presupposes the development and implementation of property management programs for municipalities. Summarizing domestic and foreign experience in the field of municipal management, we can determine the main directions for the implementation of such programs:

Conducting an analysis of the existing municipal property management system and the main results of its use on the territory of the municipality;

Establishing the goals, objectives, basic principles and directions for the development of the municipal property management system on the territory of the municipality;

Determination of methods, methods and features of management certain types municipal property;

Implementation of direct methods for regulating investment activity, which include budget financing of the production and social spheres; development of targeted municipal programs, investment mechanisms for individual promising projects; holding investment competitions;

Implementation of indirect methods of regulating investment activity, including the use of investment tax credits, long-term lending, mortgages, leasing; promoting the creation of financial and industrial groups; provision of state guarantees;

Development of the stock market for corporate securities;

Establishing directions of property movement, incl. implementation of privatization, nationalization, transfer of property from one level of government to another (federal, regional, municipal);

Demonopolization and development of a competitive environment, including direct impact on monopolists, measures to create competition and develop the market for goods and services;

Improving the mechanism of reorganization, external management, bankruptcy, incl. clarification of insolvency criteria;

Accounting and control of municipal property;

Informatization of the municipal property management process;

Forecasting income and expenses related to the management of municipal property;

The public sector serves as a natural basis for the development of the entire national economy. It includes a complex of economic and social facilities, wholly or partially owned and controlled by federal, regional or local authorities. Its size reflects the economic and social role of the state as an organizer of production, an investor, and a consumer of final products. The public sector consists primarily of industries vital to the country, with high capital intensity, providing cheap services to the population.

The state owns natural resources (forests, reservoirs, subsoil), which are basic for the functioning of the national economy (subsoil is recorded either in the state fund, or transferred under licenses for study and development), railways, pipelines, ports, real estate and some other objects .

More than 45 thousand enterprises and institutions are state-owned, including about 7.5 thousand unitary enterprises; the state participates in 3,900 joint-stock companies, in 2,500 of which it owns more than 25% of the shares; 580 joint-stock companies use the “golden share” right. Russia, as the legal successor of the USSR, has rights to intellectual property in Soviet developments of weapons and military equipment; its modernization without the participation of Russia is illegal.

To organize management, state property is divided into federal, property of constituent entities of the Russian Federation and municipal.

The basic list of federal property objects is determined by the Constitution of the Russian Federation. Federal property and its management are under the jurisdiction of the Russian Federation. Federal property is managed by the Government of the Russian Federation.

The delimitation of state property, ownership, use and disposal of land, subsoil, water and other natural resources are under the joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation.

The Accounts Chamber of the Federal Assembly estimates Russia's property abroad at $400 billion: real estate, land plots, packages of securities, precious metals and other types. For several years, no one managed the foreign property. Currently, all real estate is put on the balance sheet of the State Property Management Agency “Goszagranprosperty” under the Administration of the President of the Russian Federation and the Russian Ministry of Foreign Affairs.

The purpose of management state property is to meet public needs, fulfill internal and external obligations of the Government of the Russian Federation and mobilize revenues into the budget system. It is carried out on the basis of legislation, decrees of the President of the Russian Federation (on issues on which laws have not been adopted) and includes use, leasing, alienation, transfer to trust management, collateral and other operations.

Property is assigned to state enterprises and institutions for possession, use and disposal, and is also leased to other organizations.

The conclusion of lease agreements for real estate objects is carried out, as a rule, on a competitive basis; 10% of the rent is used to finance activities related to property management.

The public sector includes the following business entities:

State unitary enterprises;

Government agencies;

Joint-stock companies in which a controlling stake of voting shares is state-owned (more than 50%).

The Russian Ministry of Economic Development is developing a system of indicators for the functioning of the public sector.

The Government of the Russian Federation approves a plan for the receipt of revenues from the use of federal property into the federal budget. The Ministry of Economic Development of Russia coordinates the activities of federal executive authorities to implement the plan. The main planned sources of income are funds from the rental of federal property, the use of property located abroad, and dividends on shares in federal ownership.

State enterprises are created only in a unitary form. The property of a unitary enterprise belongs by right of ownership to the Russian Federation, a constituent entity of the Russian Federation or a municipal entity. The rights of the owner are exercised by public authorities. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among its employees.

Federal state-owned enterprises are created and liquidated by decision of the Government of the Russian Federation on the basis of a joint proposal from the Ministry of Economic Development of Russia and the federal executive body, which is entrusted with the functions of coordinating and regulating activities in the relevant industry (sphere of management). The decision is subject to agreement with the executive authorities of the constituent entity of the Russian Federation in whose territory the enterprise is located. If the creation of an enterprise is financed from the federal budget, then the decision to create it is made on the basis of a proposal from the Ministry of Economic Development of Russia, the Ministry of Finance of Russia and the relevant federal executive body.

The charters of federal state and government enterprises are approved by federal executive authorities, which are entrusted with coordinating and regulating activities in the relevant industries (areas of management). After their approval, the charters are submitted to the Ministry of Economic Development of Russia to enter information into the register of federal property.

Federal executive authorities, coordinating and regulating activities in relevant industries with the involvement, if necessary, of the Russian Ministry of Finance in relation to state-owned enterprises and joint-stock companies, more than 50% of the shares of which are federally owned, also carry out the following actions:

Approve indicators of economic efficiency of activities;

Control the use of enterprise property;

Analyze the efficiency of enterprises;

Determine the share of the enterprise’s profit to be transferred to the budget;

Submit to the Government of the Russian Federation for the appointment of candidates for representatives in the management bodies of joint-stock companies, the shares of which are fixed in federal ownership, or candidates individuals who are entrusted with performing these functions on contractual terms;

Conclude, change and terminate contracts with enterprise managers.

Contracts with company managers are concluded in accordance with regulations civil law and should not worsen the conditions of social security compared to employment contract. Required terms contracts are:

Duration (at least three years);

Amount of guaranteed remuneration;

The share of the head of the enterprise in the profit, determined after settlements with budgets of all levels;

Compensation for the manager and his family members when moving to another area in case of early termination of the contract at the initiative of the government;

Social guarantees, including in case of disability;

Rights and responsibilities of the manager in connection with the management of the enterprise, reporting procedures, early termination of the contract;

Responsibility for the results of the enterprise's work, violation of contract.

The head of the enterprise submits a quarterly report in the approved form to the federal executive body that has entered into a contract with him, and an annual report on financial and economic activities with proposals for its improvement.

Resolution of the Government of the Russian Federation dated April 10, 2002 No. 228 approved the “Rules for the development and approval of activity programs and determination of the part of the profit of federal state unitary enterprises to be transferred to the federal budget.” The programs are annually approved by federal executive authorities, which are entrusted with the functions of coordinating and regulating activities in the relevant government bodies (spheres). To analyze the effectiveness of the activities of subordinate enterprises, a commission of the federal executive body is formed.

Federal unitary enterprises are being reorganized, state-owned enterprises are being created on the basis of others, and others are being transferred to the ownership of constituent entities of the Russian Federation, including on account of transfers due to them. Remains under the jurisdiction of line ministries and departments a small amount of state enterprises necessary to solve strategic problems.

End of work -

This topic belongs to the section:

Chapter 1. Scientific foundations of the public administration system

Depending on the timing of the implementation of decisions made, management is divided into operational current and strategic... Operational management is designed to solve everyday or emerging issues... Strategic management determines goals and objectives, long-term orientation on issues of development of the country as a whole or...

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Entrepreneurship support
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State regulation of natural monopolies
Natural monopolies are organizations (commercial and non-commercial) that produce (sell) goods (services) in the absence of competition and therefore have

Antimonopoly policy
Entrepreneurial activity in the existing commodity market has two trends, characterized by two ways to achieve success and obtain the greatest profit. First trend

Financial recovery of enterprises
The state influences reproductive processes mainly through indirect methods - through the tax system, interest rates on loans, etc. At the same time, it has various effects

Stock market regulation
Temporarily free capital is constantly looking for the most profitable use and, ultimately, is invested. Redistribution of funds for more profitable application is carried out using

Regulation of money circulation
Money circulation is a form of movement of money, during which it performs the functions of a medium of circulation and a means of payment. The state issues paper money, established

Regulation of the money supply
The main objectives of regulating the money supply are to optimize the amount of money in circulation, crowd out money substitutes, and reduce inflation. In our country there is an edge

Lending for social and economic development
Production cannot do without loans to finance both expanded reproduction and current activities. Prerequisites for lending are created in the production sector itself

Currency regulation
The need for state currency regulation is due to the versatility of currency relations in an open society, the inconsistency and diversity of interests of participants in the foreign exchange market

Volume of capital export
Country Amount % of GDP Country Amount % of GDP USA

State scientific and industrial policy
State scientific policy Science determines the development of the productive forces, the efficiency of the economy, the state of defense, the protection of the individual from harm.

State industrial policy
In the strategic plan, industrial policy is focused on the development of industries that determine scientific and technological progress, working to satisfy domestic demand; product exports are high

Management of the fuel and energy complex
Main fuel industries

Estimated production and production volumes
Type of resource 2015 (project) 2004 (actual) Oil, million tons Gas, billion m³ Coal, million tons

Agro-industrial complex management
Agriculture and the industries serving it together form the agro-industrial complex. The agro-industrial complex (AIC) produces about a third of the gross social

Management of the military-industrial complex
The military doctrine and the National Security Concept make the organization of the military-industrial complex dependent on economic potential, without defining parameters military force, necessity

Transport complex management
Interregional Public Center "For Safety" Russian roads» (MOC) compiled a safety rating of Russian roads for January-September 2010. The leaders of the rating were Tyumen, Novosi

Railway transport management
Russian railway transport ranks 2nd in the world (after the USA) in terms of road length - 88 thousand km and 3rd place in terms of traffic volume (after the USA and China). It accounts for 85% of freight and

Air Transport Management
Air transport is based on the most knowledge-intensive and high-tech industry - the aviation industry, the apogee of development of which is space production. The role of air transport

Water transport management
Over the past 10-15 years, the number of maritime merchant vessels flying the Russian flag has decreased fivefold. Shipowners control about 920 sea transport vessels with a total deadweight of 11.2 million tons, of which

Road transport management
The transport crisis has reached its greatest severity in the construction of highways. The construction of new roads has practically stopped; in 2005, only 162 km were introduced (for comparison: China -

Management of government shares
As a result of the transformation of a state-owned enterprise into a joint-stock company with the assignment of part of the shares to federal ownership, the state is endowed with the rights of a shareholder. Saving in your hands

Privatization and nationalization of state property
To form a class of owners of the means of production and develop individual and collective entrepreneurship, privatization of state and municipal property is being carried out. Under

Alignment of economic and social development of regions
In regional policy, it is necessary, on the one hand, to maintain priorities for regions of particular strategic importance, to stimulate the development of cities and regions with large scientific

Consolidation of subjects of the Russian Federation
The unification of the constituent entities of the Russian Federation is becoming an important direction of regional policy. The initial condition is the holding of referendums. · Perm Region and Komi-Permyak Autonomous Okrug

North as an object of management
The history of Russia is a continuous and persistent attempt to settle the North, Siberia, and the Far East. The world's most ambitious geopolitical project began in the 16th century. with the annexation of the eastern lands. Apogee

Organizational forms of regional government
The implementation of regional policy requires appropriate organizational forms, given that three levels of government independent from each other have been established in the Russian Federation. Territorial authorities

Key indicators of federal districts
District Share in relation to the Russian Federation as a whole, % population of industrial production

Special economic zone
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Science City
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Closed administrative-territorial entity
The interests of the state (military security, etc.) require the creation of closed administrative-territorial entities (CLATEs) in certain regions. During the Soviet Union

Specialization of ZATOs in Russia
· 10 Rosatom cities o Zheleznogorsk / Krasnoyarsk-26 (Krasnoyarsk region) o Zarechny / Penza-19 (Penza region) o Zelenogorsk / Krasnoyarsk-45 (Krasnoyarsk region)

Fundamentals of interaction between government and business
In the global dimension, the interests of the state and business have the same direction. Business is impossible without a solvent population. The authorities are also interested in increasing the income of the population, and

The influence of government on business
The influence of government on business is predetermined by the constitutional structure of society, the powers and functions of the state in the economy and social sphere, and the effectiveness of the activities of state bodies

The influence of business on government
The goal of a business is to make a profit, which is influenced by many factors, including, not least of all, the location of power, which forces the business to look for ways and means of influencing power.

Interaction between government and business structures
A sense of class consciousness tells business that in the interests of self-preservation it is necessary to act not separately, each for himself, but by uniting into appropriate structures capable of forming

Lobbying
Lobbying is the most common way of business influencing government, adapting public policy to corporate or personal interests. It is not due to the powers

Partnership between government and business
If goals and interests coincide, then a partnership between government and business is established. Partnership presupposes the desire to more effectively implement common interests, the willingness of one party to do

Social policy of the state
According to the scale of fulfillment of social functions, states are divided into paternalistic (assumes maximum social obligations) and subsidiary (responsibility for the welfare of the state).

Regulation of personal income
The source of personal income of the population is the national product, of which everyone receives a certain share as a result of redistribution. In this case, income can be received in various forms:d

State employment policy
In accordance with the Constitution of the Russian Federation, everyone has the right to freely manage their ability to work, choose their type of activity and profession. A citizen has the right to work in conditions that meet

Cultural management
The long-term goals of state policy in the field of culture are to form the moral foundations of a democratic system, create conditions for the reproduction and development of creative potential

Educational management
The main goal of education is the harmonious development of a person’s personality and creative abilities, increasing the intellectual and cultural potential of the country. It has been established that the volume

Healthcare management
The right to health is the most important achievement of civilization. The social state not only pursues a health policy, but also takes responsibility for the demographic situation in the st.

Social protection of the population
The world is divided into the “golden billion” and the remaining 5/6 of the population, between whom there is a huge gap in living standards. Not only countries, but also citizens within departments are divided into rich and poor.

Ensuring a living wage
To identify and regulate income differentiation of the population, indicators are calculated living wage, the cost of a fixed set of consumer goods and services, a minimum set

Social insurance system
The most important means social protection population is the formation of the system social insurance, including pensions, benefits for temporary disability and other payments

Family support
The family performs reproductive, economic, and educational functions. Partnership relations are established between the state and the family, including the sharing of responsibility for seven

The concept of transformations in the housing and communal services complex
In the USSR, housing and communal services were distinguished by the greatest stability. Nothing has changed in this vital area for decades, the state performed all the necessary functions, did not attract

Housing and communal construction
The Constitution of the Russian Federation proclaims the human right to housing. Bodies of state power and local self-government create conditions for its implementation. Citizens at their own discretion and in their own interests

Housing and communal services
Housing and communal services (HCS) includes about 30 types of activities. The sub-sectors are home maintenance; landscaping (road and bridge maintenance, landscaping, sanitation

Tariff regulation
Price liberalization carried out since 1992 for a long time did not affect the level of tariffs for housing and communal services for the population. In the early 1990s. tariffs were kept low, payment

Subsidizing housing and utility bills
The transition to 100% payment for housing and communal services increases the importance of social protection of low-income citizens. Tariffs for payment of housing and communal services are the same for all categories of consumers, including

Organizational structures for managing the housing and communal services complex
The material and technical base of the housing and communal services complex is strictly tied to local conditions and is designed to satisfy the needs of the same consumer group. Therefore, control models

Conflict management
Conflict serves as a form of expression of life’s contradictions and manifests itself in a clash, confrontation between parties, forces, and opinions. A conflict situation arises as a result of the accumulation of

Managing conflicting labor relations
One of the main sources of conflict is labor and corporate relations. The participants in labor relations are employees and employers. The main role in labor relations is called

Total and average number of labor protests for 2008-2010
Total number of shares (including for 6 months) Average monthly number of shares (including for 6 months) Total number of stop shares (including for

Bodies regulating social and labor relations
1. Russian tripartite commission for the regulation of social and labor relations. The Regulations on the Commission are approved by the President of the Russian Federation. It consists of representatives of three parties: federal

Corporate conflict management
Corporate conflicts most often arise in connection with the redistribution of property and spheres of influence in markets. In the process of competition, more efficient enterprises displace less successful ones.

Community Emergency Management
Emergency situations (ES) in society arise as unresolved contradictions accumulate in the country as a whole or in its individual regions. A favorable environment for the aggravation of the situation

And man-made emergencies
Russia is among the top five countries with a high natural risk, i.e. natural phenomena that cause emergencies occur more often in Russia than in other countries. About 20% of the territory

Emergency prevention and response system
To prevent and eliminate consequences emergency situations the efforts of government bodies at all levels and economic entities are united by a single structure - the Russian system of warning and

Nikolsky lane, house 9

Pristanskov Dmitry Vladimirovich

Regulations “On Rosimushchestvo”

Federal agency on state property management(official abbreviated name - Rosimushchestvo) - a federal executive body that carries out functions for managing federal property, including in the field of land relations, functions for the provision of public services and law enforcement functions in the field of property relations. The Regulations on the Federal Property Management Agency were approved by Decree of the Government of the Russian Federation dated June 5, 2008 No. 432.

Official address: Moscow, Nikolsky lane, 9. In addition, part central office is located at the following addresses: Moscow, Rybny per., 3, st. Gilyarovskogo, 31, Ermolaevsky lane, 3.

Rosimushchestvo is under the jurisdiction of the Ministry of Economic Development of the Russian Federation.

Story

State Committee of the RSFSR for Property Management(GKI RSFSR, State Property Committee) was formed in July 1990. He exercised the powers of the owner in relation to enterprises belonging to the RSFSR. From November 1991 to November 1994, this department was headed by A. B. Chubais. On January 21, 1991, after the approval of the resolution of the Council of Ministers of the RSFSR “Issues of the State Committee of the RSFSR for the management of state property,” which defined the tasks and functions of the State Property Committee of the RSFSR, the committee began to organize work on the delimitation of federal property, the property of the republics that are part of the RSFSR, autonomous regions, autonomous okrugs, territories, as well as municipal property.

In accordance with the order of the Government of the Russian Federation dated June 29, 2012 No. 1127-r, she headed the Federal Property Management Agency with the rank of Deputy Minister of Economic Development of the Russian Federation - head of the Federal Agency for State Property Management.

The Federal Property Management Agency has the following structure of the central apparatus:

• Investment Relations Department
• Department of Restructuring of State Organizations and Management of Privatized Assets
• Department of Property of Federal Authorities and Organizations in the Field of Defense and Security
• State Treasury Property Department
• Department of Industrial Complex Organizations
• Department of Industry Organizations and Foreign Property
• Property management with special modes appeals
• Department of analysis and coordination of activities of territorial bodies
• Financial and economic management
• Land Relations Department
• Department of Legal Support and Judicial Protection
• Directorate for Organization of Federal Property Valuation
• Department of Personnel and Operations Support
• Federal Property Registry Office
• Information Technology Department
• Department of Information Policy, Records Management and Archives
• Department of Property Relations and Privatization of Largest Organizations
• Corporate Technology Department
• Internal Control Department
• Department of regime and secret office work

Managers

• November 21, 1990 - November 1991 - Mikhail Dmitrievich Maley
• November 10, 1991 - November 5, 1994 - Anatoly Borisovich Chubais
• November 15, 1994 - January 24, 1995 - Vladimir Pavlovich Polevanov
• February 8, 1995 - January 10, 1996 - Sergei Georgievich Belyaev
• January 25 - July 19, 1996 - Alexander Ivanovich Kazakov
• September 12, 1996 - August 13, 1997 - Alfred Reingoldovich Koch
• August 13 - November 15, 1997 - Maxim Vladimirovich Boyko
• November 18, 1997 - January 1999 - Farit Rafikovich Gazizullin ( from November 18 to December 20 in the status of i. O.)
• January - March 10, 1999 - Alexander Arnoldovich Braverman ( interim)
• March 10, 1999 - February 24, 2004 - Farit Rafikovich Gazizullin
• March 2004 - May 25, 2008 - Valery Lvovich Nazarov
• May 26, 2008 - December 2011 - Yuri Aleksandrovich Petrov (formerly head of the Russian Foundation for Basic Research)
• December 2011 - June 28, 2012 - Gleb Sergeevich Nikitin ( And. O.)
• June 29, 2012 - April 12, 2016 - Olga Konstantinovna Dergunova
• April 20, 2016 - present time - Dmitry Vladimirovich Pristanskov

see also

• Ministry of State Property of the Russian Empire

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An excerpt characterizing the Federal Agency for State Property Management

One of the doctors, in a bloody apron and with bloody small hands, in one of which he is between the little finger and thumb(so as not to stain it) held a cigar and left the tent. This doctor raised his head and began to look around, but above the wounded. He obviously wanted to rest a little. After moving his head to the right and left for a while, he sighed and lowered his eyes.
“Well, now,” he said in response to the words of the paramedic, who pointed him to Prince Andrei, and ordered him to be carried into the tent.
There was a murmur from the crowd of waiting wounded.
“Apparently, the gentlemen will live alone in the next world,” said one.
Prince Andrei was carried in and laid on a newly cleaned table, from which the paramedic was rinsing something. Prince Andrei could not make out exactly what was in the tent. Piteous moans from different sides, excruciating pain in the thigh, stomach and back entertained him. Everything he saw around him merged for him into one general impression of a naked, bloody human body, which seemed to fill the entire low tent, just as a few weeks ago on this hot August day the same body filled the dirty pond along the Smolensk road. Yes, it was that same body, that same chair a canon [fodder for cannons], the sight of which even then, as if predicting what would happen now, aroused horror in him.
There were three tables in the tent. Two were occupied, and Prince Andrei was placed on the third. He was left alone for some time, and he involuntarily saw what was happening on the other two tables. On the nearby table sat a Tatar, probably a Cossack, judging by his uniform thrown nearby. Four soldiers held him. The bespectacled doctor was cutting something into his brown, muscular back.
“Uh, uh, uh!..” it was as if the Tatar was grunting, and suddenly, raising his high-cheekboned, black, snub-nosed face, baring his white teeth, he began to tear, twitch and squeal with a piercing, ringing, drawn-out squeal. On another table, around which a lot of people were crowding, a large fat man with his head thrown back (curly hair, its color and shape of the head seemed strangely familiar to Prince Andrei). Several paramedics leaned on this man's chest and held him. The white, large, plump leg twitched quickly and frequently, without ceasing, with feverish tremors. This man was sobbing convulsively and choking. Two doctors silently - one was pale and trembling - were doing something on the other, red leg of this man. Having dealt with the Tatar, on whom an overcoat had been thrown, the doctor in glasses, wiping his hands, approached Prince Andrei. He looked into the face of Prince Andrei and hastily turned away.
- Undress! What are you standing for? – he shouted angrily at the paramedics.
Prince Andrei remembered his very first distant childhood, when the paramedic, with his hasty, rolled-up hands, unbuttoned his buttons and took off his dress. The doctor bent low over the wound, felt it and sighed heavily. Then he made a sign to someone. And the excruciating pain inside the abdomen made Prince Andrei lose consciousness. When he woke up, the broken thigh bones had been removed, chunks of flesh had been cut off, and the wound had been bandaged. They threw water in his face. As soon as Prince Andrei opened his eyes, the doctor bent over him, silently kissed him on the lips and hurriedly walked away.
After suffering, Prince Andrei felt a bliss that he had not experienced for a long time. All the best, happiest moments in his life, especially his earliest childhood, when they undressed him and put him in his crib, when the nanny sang over him, lulling him to sleep, when, burying his head in the pillows, he felt happy with the sheer consciousness of life - he imagined to the imagination not even as the past, but as reality.
Doctors were fussing around the wounded man, the outline of whose head seemed familiar to Prince Andrei; they lifted him up and calmed him down.
– Show me... Ooooh! O! oooooh! – one could hear his groan, interrupted by sobs, frightened and resigned to suffering. Listening to these moans, Prince Andrei wanted to cry. Was it because he was dying without glory, was it because he was sorry to part with his life, was it because of these irretrievable childhood memories, was it because he suffered, that others suffered, and this man moaned so pitifully in front of him, but he wanted to cry childish, kind, almost joyful tears.
The wounded man was shown a severed leg in a boot with dried blood.
- ABOUT! Ooooh! - he sobbed like a woman. The doctor, standing in front of the wounded man, blocking his face, moved away.
- My God! What is this? Why is he here? - Prince Andrei said to himself.
In the unfortunate, sobbing, exhausted man, whose leg had just been taken away, he recognized Anatoly Kuragin. They held Anatole in their arms and offered him water in a glass, the edge of which he could not catch with his trembling, swollen lips. Anatole was sobbing heavily. “Yes, it’s him; “Yes, this man is somehow closely and deeply connected with me,” thought Prince Andrei, not yet clearly understanding what was in front of him. – What is this person’s connection with my childhood, with my life? - he asked himself, not finding an answer. And suddenly a new, unexpected memory from the world of childhood, pure and loving, presented itself to Prince Andrei. He remembered Natasha as he had seen her for the first time at the ball in 1810, with a thin neck and thin arms, with a frightened, happy face ready for delight, and love and tenderness for her, even more vivid and stronger than ever, awoke in his soul. He now remembered the connection that existed between him and this man, who, through the tears that filled his swollen eyes, looked dully at him. Prince Andrei remembered everything, and enthusiastic pity and love for this man filled his happy heart.
Prince Andrei could no longer hold on and began to cry tender, loving tears over people, over himself and over them and his delusions.
“Compassion, love for brothers, for those who love, love for those who hate us, love for enemies - yes, that love that God preached on earth, which Princess Marya taught me and which I did not understand; That’s why I felt sorry for life, that’s what was still left for me if I were alive. But now it's too late. I know it!"

The terrible sight of the battlefield, covered with corpses and wounded, combined with the heaviness of the head and the news of twenty familiar generals being killed and wounded and with the consciousness of one’s previously powerless strong hand made an unexpected impression on Napoleon, who usually loved to look at the dead and wounded, thereby testing his spiritual strength (as he thought). On this day, the terrible sight of the battlefield defeated the spiritual strength in which he believed his merit and greatness. He hastily left the battlefield and returned to the Shevardinsky mound. Yellow, swollen, heavy, with dull eyes With a red nose and a hoarse voice, he sat on a folding chair, involuntarily listening to the sounds of gunfire and not raising his eyes. With painful melancholy he awaited the end of that matter, which he considered himself to be the cause of, but which he could not stop. Personal human feeling for a short moment took precedence over that artificial ghost of life that he had served for so long. He endured the suffering and death that he saw on the battlefield. The heaviness of his head and chest reminded him of the possibility of suffering and death for himself. At that moment he did not want Moscow, victory, or glory for himself. (What more glory did he need?) The only thing he wanted now was rest, peace and freedom. But when he was at Semenovskaya Heights, the chief of artillery suggested that he place several batteries at these heights in order to intensify the fire on the Russian troops crowded in front of Knyazkov. Napoleon agreed and ordered news to be brought to him about what effect these batteries would produce.
The adjutant came to say that, by order of the emperor, two hundred guns were aimed at the Russians, but that the Russians were still standing there.
“Our fire takes them out in rows, but they stand,” said the adjutant.
“Ils en veulent encore!.. [They still want it!..],” Napoleon said in a hoarse voice.
- Sire? [Sovereign?] - repeated the adjutant who did not listen.
“Ils en veulent encore,” Napoleon croaked, frowning, in a hoarse voice, “donnez leur en.” [You still want to, so ask them.]
And without his order, what he wanted was done, and he gave orders only because he thought that orders were expected from him. And he was again transported to his former artificial world of ghosts of some kind of greatness, and again (like that horse walking on a sloping drive wheel imagines that it is doing something for itself) he obediently began to perform that cruel, sad and difficult, inhuman the role that was intended for him.
And it was not just for this hour and day that the mind and conscience of this man, who bore the brunt of what was happening more heavily than all the other participants in this matter, were darkened; but never, until the end of his life, could he understand either goodness, beauty, truth, or the meaning of his actions, which were too opposite to goodness and truth, too far from everything human for him to understand their meaning. He could not renounce his actions, praised by half the world, and therefore had to renounce truth and goodness and everything human.

State property expresses the relationship between people regarding the appropriation of goods in order to realize state and public interests. Its management is aimed at organizing the reproduction, use, transformation and appropriation of its objects through economic functions, forms and methods. State property management can be defined as a system of organizational and economic relations between various subjects (subjects and managers) regarding the organization of reproduction and use of state property through organizational and economic functions, forms and methods in order to ensure the implementation of the fundamental social and economic interests of society and the state.

All state property objects can be divided into two main groups:

1. Enterprises that must be exclusively state-owned (non-commercial facilities);

Objects with the possibility of commercial use (enterprise operating in an open competitive market).

This division predetermines the principles of property management.

In relation to objects (enterprises) that should be exclusively state-owned, the state performs the functions of a senior manager (manager) who makes key strategic and operational decisions on managing the activities of enterprises. Among other things, the state determines: what the enterprise will produce, in what volume, at what cost and how the enterprise will be financed. At the same time, the goal of the state manager is to ensure production necessary products or services, the required quality, a given volume and under certain conditions of profitability.

In relation to commercial properties that are fully or partially state-owned, the state must act exclusively as an investor (co-owner). In this case, the enterprise is an object of investment for the state; therefore, management principles should be based on the methods and approaches used in investment management. The goal of the investor state is to ensure maximum return on invested capital and increase the market value of property (shares).

The following enterprises can be classified as objects of state property in relation to which the state acts as a manager:

· defense enterprises;

· research centers of strategic importance for the development of the state;

· social facilities that are not attractive from a commercial point of view;

· infrastructure facilities, including: transport, roads, communications, ports, gas pipelines, etc. (can be in both state and private ownership);

· objects that are significant from the point of view of macroeconomic influence (can be both state and private property).

The most important difference between enterprises classified as exclusively state-owned is the absence of a competitive market for products or services that are significant for the state, the need for which cannot be covered through procurement from independent, including foreign, manufacturers. Considering that the main goal of the state, in in this case, is to ensure the production of the required goods and services, the functions of the state in managing this category of enterprises are aimed at solving the following tasks:

· examination of the enterprise activity plan;

· determination of the values ​​of the main financial and economic indicators;

· approval of the enterprise plan, including staffing and payment terms;

· regular ongoing monitoring of plan implementation;

· - making management decisions (adjusting plans, resolving personnel issues).

Planning at state enterprises is carried out, as a rule, on the basis of state orders. In this case, the state determines:

Range of products or services.

Volumes and terms of delivery.

Purchase price.

4. Cost and profitability standards, including the amount of subsidies in the event of a planned unprofitability of the enterprise.

Sources and conditions of financing.

When managing commercial properties, the state, as the owner, is guided by the principles of investment management. Commercial entities include enterprises that are partially or wholly owned by the government and conduct their operations in an open, competitive market. The most important criterion in determining the commercial nature of an enterprise is the presence of actual or potential competitors who can also offer their products or services to the target market in which the enterprise operates. When managing commercial properties, the most important task of the state is the formation and management (sale or acquisition of shares) of an investment portfolio that ensures minimal risks and maximum return on invested capital, not only in the short term, but also in the long term.

At the same time, taking into account that many property objects have high state significance (economic, social, etc.) and require an individual approach, and the structure and composition of the portfolio is defined and limited, the management functions of the investor state are basically close to the functions of the fund direct investment.

Anti-crisis management of enterprise property

Crisis situations arise at all stages life cycle enterprises. The implementation of the entire set of anti-crisis procedures begins only at a certain stage of the life cycle: in conditions of a sharp recession, characterized, as a rule, by the insolvency of the enterprise.

Crisis management is based on both general patterns inherent in management processes, as well as on specific features associated with the implementation of anti-crisis procedures. Thus, management is always purposeful. The selection and formation of goals is the starting point in any management process, including anti-crisis management.

Bankruptcy – establishment in judicial procedure financial insolvency of the enterprise, i.e. his inability to satisfy in a timely manner the demands placed on him and fulfill his obligations to the budget.

According to the Law “On Insolvency (Bankruptcy)”, the purpose of bankruptcy is the financial recovery of an enterprise, firm, corporation, and restoration of their solvency. The law recommends:

· restore the solvency of the enterprise with the help of arbitration (external) managers;

· control over the activities of the external manager is exercised by creditors;

· as measures to restore the solvency of an enterprise, practice the assignment of claims, the sale of part of the enterprise’s property, and in some cases the sale of the enterprise itself.

The stage of the bankruptcy procedure consists of three periods: observation, external management of the debtor’s property and bankruptcy proceedings. The tasks facing managers in each of these periods are not the same.

The observation period is a practice adopted from German law. From the moment the application is accepted and the debtor enterprise is declared bankrupt arbitration court appoints a monitoring procedure and a temporary manager.

External control. External management of the property of a debtor enterprise is understood as a procedure aimed at continuing the activities of this enterprise. External management is introduced by a decision of the arbitration court at the request of the debtor, the owner of the enterprise or the creditor and is carried out on the basis of the transfer of functions for managing the debtor enterprise and, accordingly, the property of the enterprise to the arbitration manager, and the former managers are removed.

The basis for appointing an external manager of the debtor’s property is the presence of a real opportunity to restore the solvency of the debtor business entity while maintaining a single property complex and the organization itself as a subject of law. in order to continue its activities.

Bankruptcy proceedings are a procedure aimed at the forced or voluntary liquidation of an insolvent business entity. As a result of this action, the debtor's property, which may be foreclosed on, is distributed among the creditors.

When deciding to declare a debtor bankrupt, the arbitration court appoints a bankruptcy trustee. The tasks of anti-crisis management during this period are limited: the bankruptcy manager must ensure maximum satisfaction of the creditors' demands. Therefore, from the moment the debtor is declared bankrupt, its management bodies are removed from performing the functions of managing and disposing of property (if such removal was not carried out earlier). All powers to manage the debtor’s affairs, including property management, are transferred to the bankruptcy trustee.

The bankruptcy trustee acquires the right:

· disposal of the debtor's property;

· performs management functions of the debtor enterprise;

· takes measures aimed at searching, identifying and returning the debtor’s property held by third parties.

Trust management is a way for the owner to exercise his powers, one of the forms of exercising the power of disposal, but not the establishment of a new right of ownership of the property.

Under a property trust management agreement, one party (the trustor) transfers property into trust management for a certain period of time to the other party (the trustee), and the trustee undertakes, for a fee, to manage this property in the interests of the trustor or the person specified by him (the beneficiary). The transfer of property to trust management does not entail the transfer of ownership of it to the trustee.

Trust management under this agreement must be distinguished from the “internal” management of a company, partnership, unitary enterprise by their director, as well as other statutory bodies. The director (board of a company, etc.), although he has the right to dispose (to one degree or another) of the property of such organizations, but acts on their behalf, never accepts the property he disposes of on his own separate balance sheet, and even if bears civil liability to the company (partnership, enterprise), then only in cases provided for by law or contract.

Transfer of property into trust management is a form of exercise by the owner of his powers granted to him by the Civil Code. It is the owner who determines the purpose of the trust management being established, the scope of transferred powers, as well as the person in whose interests the trustee must act. As such, the owner can name himself, as well as, with certain exceptions, any other person. In the latter case, the property trust management agreement becomes a type of agreement in favor of a third party.

When carrying out trust management of property, the trustee has the right to perform any legal and actual actions in relation to this property in accordance with the trust management agreement in the interests of the trustor and (or) the beneficiary.

The object of trust management can be enterprises and other property complexes, individual objects related to real estate, securities, rights certified by uncertificated securities, exclusive rights and other property.

When talking about trust management of an enterprise, it should be borne in mind that we are talking about transferring it for management as an object of law. Preserving the enterprise as an independent legal entity is practically impossible, because The property transferred for management must be reflected by the trustee on a separate balance sheet, independent accounting is maintained for it, and a separate bank account is opened for settlements.

State, municipal, and private property can be transferred to trust management.

Property under economic management or operational management cannot be transferred to trust management. Transfer to trust management of property that was under economic management or operational management is possible only after the liquidation of the legal entity in whose economic management or operational management the property was, or termination of the right to economic management or operational management of the property and its receipt by the owner in accordance with other provisions. legal grounds.

By general rule, transferring property into trust management means transferring it into the hands of a professional. In business terms, this is what an entrepreneur is. It is he who has the right to act as a trustee of someone else’s property.

Property is not subject to transfer into trust management by a state body or local government body.

The property trust management agreement must be concluded in writing in the form of one document.

The agreement for trust management of real estate must be concluded in the form provided for the agreement for the sale of real estate. The transfer of real estate into trust management is subject to state registration in the same manner as the transfer of ownership of this property.

Property transferred into trust management is separated from other property of the trustor, as well as from the property of the trustee. This property is reflected by the trustee on a separate balance sheet, and independent accounting is maintained for it.

A trustee who has not shown due care for the interests of the beneficiary or trustor during the trust management of property shall compensate the beneficiary for lost profits during the trust management of the property, and the trustor for losses caused by loss or damage to the property, taking into account its natural wear and tear, including lost profits.

The trustee is liable for losses caused unless he proves that these losses occurred as a result of force majeure or the actions of the beneficiary or trustor. The obligations under a transaction made by a trustee in excess of the powers granted to him or in violation of the restrictions established for him are borne by the trustee personally. If third parties participating in the transaction did not know and should not have known about the excess of authority or about the established restrictions, the resulting obligations are subject to fulfillment in the manner established by paragraph 3 of this article. In this case, the trustor may demand from the trustee compensation for losses incurred by him.

The most important condition for the improvement of the Russian economy as a whole and the activities of individual enterprises is the implementation of the provisions of the Federal Law of July 21, 1997 “On the privatization of state property and on the principles of privatization of municipal property in the Russian Federation.”

Privatization of state and municipal property is understood as the alienation for a fee of property (objects of privatization) owned by the Russian Federation, constituent entities of the Federation or municipalities into the ownership of individuals and legal entities.

Priorities in the implementation of privatization of state property, restrictions during its implementation, the procedure for the alienation of property into the ownership of individuals and legal entities are established by the federal law on state program privatization. The Government of the Russian Federation annually, simultaneously with the draft federal law on the federal budget for the corresponding year, submits to the State Duma a draft federal law on amendments and additions to the privatization program. Also, every year the Government submits to the Federal Assembly a report on the implementation of the privatization program over the past year. The law defines the content of the program, provides a classification of state property, outlines the powers of executive authorities to manage state property, its sale, the procedure for making decisions on privatization and other issues.

The government is daily engaged in resolving issues related to the rational use of federal property, their corporatization, and the transfer of certain objects to the ownership of labor collectives. Proposals on the main directions for using funds received from privatization are regularly considered. It should be noted that in relation to federally owned entities, the trend towards decentralization of management is clearly visible. In recent years, there has been a process of transferring state-owned enterprises and organizations from federal ownership to the ownership of the constituent entities of the Federation. The transfer is formalized by acts of the Government of the Russian Federation, which are adopted upon the joint proposal of the Ministry of State Property of the Russian Federation, other interested federal executive authorities and with the consent of the government (administration) of the relevant subject of the Federation. The question of the relationship between federal, regional and municipal property is a very important one. In solving it, we must focus our efforts not on how to redistribute state property, but on how to optimize its management in order to increase production efficiency.

Despite the fact that as a result of mass privatization, 58.9% of enterprises became private, a number of set goals were not achieved:

• a wide layer of effective private owners has not been formed;
• the structural restructuring of the economy did not lead to the desired increase in efficiency in the activities of enterprises;
• investments attracted into the privatization process are clearly not enough for the production, technological and social development of enterprises;
• in a number of industries it was not possible to maintain the competitive position of enterprises in the domestic and world markets.

In the current socio-economic situation, there is a need to revise the principles and priorities in the field of management and disposal of state property, strengthening state control and regulation in the public sector of the economy, as well as in the field of privatization. Therefore, the above-mentioned Concept provides for basic measures to improve the state property management system, radically increase the efficiency of the functioning of Russian enterprises in the national economic complex as a whole, a complete inventory of state property in the country and abroad, and its involvement in civil circulation.

A transition from mass privatization to the use of an individual approach when making decisions on the privatization of state property is envisaged, which will increase its turnover, allow the state to become a full-fledged subject of economic relations and optimize the structure of its assets.

When managing state-owned enterprises, questions often arise related to the use of Federal Law dated January 8, 1998 “On insolvency (bankruptcy)”. The law establishes the grounds for declaring a debtor insolvent (bankrupt) or declaring the debtor his insolvency (bankruptcy), regulates the procedure and conditions for implementing measures to prevent insolvency (bankruptcy), conducting external administration and bankruptcy proceedings and other relations arising from the inability of the debtor to satisfy in full the volume of the creditor's claim.

The state is interested in ensuring that an unprofitable enterprise or one on the verge of bankruptcy quickly begins to make a profit by producing products that are in demand. Therefore, not any investor needs to sell shares, but only those who undertake to invest certain funds in this enterprise. It must be taken into account that in such cases we are talking not only about the fate of the enterprise, but also about the fate of people: will they remain in their jobs or will they become unemployed.

At the stage of bankruptcy procedures, focusing on speedy debt collection does not produce real results. Based on this, the Concept stipulates that bankruptcy should primarily be carried out for the purpose of reorganizing production. This is one of the ways to redistribute property from ineffective owners to efficient ones, possibly with a share of the state. The participation of the state as a creditor in bankruptcy procedures should be aimed at restructuring enterprises, attracting effective owners, and achieving long-term goals of increasing the efficiency of enterprises to the detriment of short-term fiscal interests.

In order to improve the management system of federal state unitary enterprises, increase the efficiency of their activities, and increase income from the use of federal property, the Government Resolution of December 6, 1999, in accordance with the Concept, outlined a number of specific measures. In particular, it is planned to liquidate, sell or reorganize some of these enterprises, or use them to create federal government enterprises on the basis of the property assigned to them. At the same time, cases are defined when it is permissible to preserve enterprises in the form of unitary enterprises based on the right of economic management, or to create federal state-owned enterprises on the basis of the property assigned to them.

To the federal executive authorities that manage state property and resolving issues privatization include: the Ministry of State Property, the Russian Federal Property Fund, the Russian Federal Service for Financial Recovery and Bankruptcy, as well as the Federal Debt Center under the Government of the Russian Federation.

State property management bodies

Ministry of State Property of the Russian Federation(Ministry of State Property of Russia), according to the Government Decree of December 29, 1997, is a federal executive body that ensures the implementation of a unified state policy in the field of privatization and management of state property and coordinates the activities of other federal executive bodies in the field of management and disposal of federal property. It is the legal successor of the abolished State Committee of the Russian Federation for State Property Management, the Regulations of which were approved by Government Decree of December 4, 1995.

The Ministry has its territorial bodies in the constituent entities of the Federation. Its main tasks:

• implementation, based on the legislation of the Russian Federation, of the state policy of privatization of state and municipal enterprises, real estate, including land plots located under privatized enterprises;
• management and disposal in the prescribed manner of federal property objects in the country and abroad;
• implementation of intersectoral and interregional coordination of activities in the field of privatization of state property, management and disposal of federal property;
• participation in the creation of stock market infrastructure that ensures privatization processes in the implementation of state policy in the field of attracting investment;
• making decisions on the privatization of federally owned enterprises, carrying out the necessary transformations of their organizational and legal form and transferring certificates of ownership of them for sale to the Russian Federal Property Fund;
• publication of regulations governing the privatization process, etc.

In accordance with the Government Decree of June 24, 1998, decisions on the release of military property are also made by the Ministry of State Property on the proposal of federal executive authorities, in which military service is provided for by law.

The Government Decree of June 30, 1998 approved the plan for the receipt of revenues from the use of federal property into the federal budget for 1998-2000. The Ministry of State Property is entrusted with coordinating the activities of federal executive authorities to implement the plan and monitoring its timely and complete implementation.

The Ministry of State Property maintains a register of indicators of economic efficiency of the activities of federal state unitary enterprises and open joint-stock companies, the shares of which are in federal ownership, and also provides methodological and software support for maintaining the register, organizing information security, and monitoring the maintenance of industry and territorial databases. This function was assigned to the Ministry by Government Decree of January 11, 2000 in order to ensure effective management of the public sector of the economy.

Privatization of property owned by constituent entities of the Federation and local government bodies is organized property management committees, members of the relevant government bodies and local administration. The functions of the committee are determined by the Standard Regulations on it, approved by the Presidential Decree of October 14, 1992. Committees have the right to carry out privatization, draw up lease agreements, request all the necessary documentation, and act as a representative of the property fund.

Reports to the Ministry of State Property of Russia Russian Federal Property Fund, which is a specialized financial institution that performs the functions of privatization of federal property transferred to it. For this purpose, the Fund implements special commercial, organizational and control functions: it sells privatization objects, since it is entrusted with the powers of the seller of federal property; ensures the transfer to the budget of funds received for the sold property; exercises control over compliance with the terms of purchase and sale agreements.

Federal Service of Russia for Financial Recovery and Bankruptcy(FSFO of Russia) is a federal executive body that carries out executive, control, licensing, regulatory and organizational functions provided for by the legislation of the Russian Federation on insolvency (bankruptcy) and financial recovery of organizations. The Federal Service carries out the functions and powers assigned to it directly and through its territorial bodies and representatives in the relevant territories. Main tasks federal service, according to the Regulations on it, approved by Government Decree of June 1, 1998, are:

• carrying out state policy to prevent bankruptcy of persons engaged in entrepreneurial activities, for the financial recovery and restructuring of insolvent organizations, as well as ensuring conditions for the implementation of bankruptcy procedures;
• fulfilling the powers of the state body for bankruptcy and financial recovery, as well as the body authorized to represent the interests of the Russian Federation with respect to mandatory payments and the Russian Federation as a creditor with respect to monetary obligations when resolving issues of insolvency (bankruptcy) of organizations;
• development and implementation of measures to ensure analysis of the financial condition of organizations and control over their compliance with payment and settlement discipline.

Federal Debt Center under the Government of the Russian Federation created in order to increase the efficiency of the organization of compulsory enforcement court decisions, as well as acts of other bodies that, in accordance with the legislation of the Russian Federation, are given the right to make decisions on foreclosure on the property of organizations. The main task of this specialized state institution, according to the Regulations on it, approved by Government Decree of January 6, 1998, is the real assessment of property and its further sale in order to replenish the treasury. The debt center does not work with state-owned enterprises, but with enterprises that have private capital. Moreover, first of all, it is not production complexes that are put up for auction, but luxury goods that are available to any commercial structure. The Center carries out its tasks directly or through territorial offices (branches, representative offices) or organizations vested with the rights and functions of the Center.