Management of state and municipal property in the Russian Federation. State property management

Alexander Idrisov
President of the Guild of Investment and Financial Analysts

PROBLEMS

Low management efficiency state property, first of all, is due to the lack of practice, both strategic and operational planning at the enterprise level. As a result, the state, as the owner (co-owner) of the enterprise, is not able to solve management problems, since it does not have the necessary information to make management decisions.

A prerequisite for effective management is the presence of goals. The goals for managing an enterprise as an economic entity are financial and economic indicators that can be determined as a result of forecasting the future activities of the enterprise. Target indicators can be determined only if the company has a developed business plan, from which it follows: how, in what time frame, and why certain financial and economic indicators can be achieved.

Of course, the creation of a total planning system, like the USSR State Planning Commission, is a utopia. However, the requirement for mandatory planning in enterprises wholly or partially owned by the state is completely justified. By the way, the owner of any enterprise is able to assess how effectively his property is used only by comparing the planned indicators with the achieved ones. Unfortunately, over the past 10 years, the government has not taken any practical steps towards creating a more or less efficient planning system in the real sector of the economy. Various reasons were given. At the beginning of the reforms, many said: “We are now in a market economy and in conditions of uncertainty, which means forget about plans.” Later, many discovered that, it turns out, all leading Western corporations necessarily have both strategic and operational development plans. But still, the opinion was persistently imposed that it was impossible to force our enterprises to plan (insufficient qualifications of personnel, lack of experience, etc.). But no one talked about the main thing: is any control possible at all if there is no necessary information on the basis of which you can manage! There are no miracles! You can create any number of bodies involved in managing state property, but it is impossible to manage without clear goals and quality information. There are no plans - there will be no constructive and consistent actions aimed at achieving certain goals.

The failure of the management of an enterprise to present a business plan is the first and most significant sign of professional insolvency of the top management of the enterprise and cannot be justified by anything other than the reluctance of management to disclose financial information. Russian business managers often do not realize that the main tasks of top management are to ensure planning, as well as control over the implementation of developed plans.

The time has long come for the state, as the owner, to clearly remind them of this. Our more than 10 years of experience in consulting and training specialists in the field of business planning shows that there are no serious technical or methodological problems for setting up business planning processes at enterprises, in as soon as possible and at minimal cost does not exist. The historically high basic level of education in Russia provides the opportunity for rapid and effective learning enterprise specialists and planning methods. Each enterprise has specialists whose intellectual and educational level allows them to master the methods and technologies of business planning without much effort.

It is also necessary to take into account that hundreds of Russian and foreign consulting firms today provide business planning services to enterprises. It should be taken into account that we live in the 21st century - the century of information technology. Over the past years of reforms, specialized software products have been created in Russia, which today have received highly appreciated professionals not only in Russia, but also abroad, translated into many foreign languages ​​and recommended for use by leading international financial institutions and organizations.

TASKS AND GENERAL PRINCIPLES OF MANAGEMENT
STATE PROPERTY

The tasks of state property management include two main blocks: strategic management and operational management.

Strategic management
Strategic management issues include:

Investment decisions :

The debt obligations of which enterprises should be restructured and on what terms?

Operational management
Operational management includes three main groups of tasks: planning, control and management decision making. High efficiency management of state property can be ensured through the implementation of one of the most common concepts of modern management - “management by objectives”. Management by objectives requires having clear, measurable and achievable goals, as well as a strategy and action plan that will ensure that the goals are achieved. Business planning is not a step back, but a professional look into the future. The lack of goals and plans gives rise to irresponsibility in enterprise management. If there are no goals and the ways to achieve them are not defined, then there are no clear criteria for assessing the effectiveness of management. As a result, control procedures on the part of the owner (in in this case states) from the most important management functions turn into an empty formality. Thus, the presence of a business plan that includes certain goals (in the form of financial and economic indicators), as well as the main provisions of the strategy for the development of the enterprise and the implementation of operations, is the most important condition to create a management system by objectives.

Control is the most important management task. Effective control is only possible if the following conditions are met:

Availability of measurable evaluation criteria

Fairness (minimizing subjective approaches to assessment)

Feasibility

Regularity

As mentioned above, if goals are defined in the form of specific values ​​of financial and economic indicators of the enterprise’s activities, and a business plan for the enterprise’s activities is developed and approved, containing detailed information about how and in what time frame the target indicators will be achieved, it becomes possible to evaluate the effectiveness of enterprise management in the most fair and open method, by comparing current indicators with planned and previously approved ones. It is also necessary to take into account that the management of state property should be carried out through state representatives on the Boards of Directors of enterprises, and the presence of a business plan and target indicators agreed upon and approved by the Board of Directors will significantly reduce the labor intensity of assessing the effectiveness of management. Moreover, in this case, such an assessment can be carried out by a representative of the state in absentia, without direct participation in a meeting of the Board of Directors of the enterprise. Considering that to ensure control, the standard accounting statements of an enterprise with some additions and comments are sufficient, control and assessment of the activities of enterprises can be carried out once a quarter.

Based on the results of the analysis of the effectiveness of the current activities of enterprises, management decisions should be made. In fact, management decisions are the influences through which the state implements its property management policy. In contrast to strategic decisions (reprofiling, liquidation, privatization, restructuring, etc.), operational management decisions are aimed at solving two main tasks:

making adjustments and approving an updated business plan of the enterprise in accordance with objective changes external environment(market demand, legislation, revision of government programs, etc.);

resolving personnel issues: displacement and replacement of the enterprise's top management in case of failure to meet agreed and approved targets.

A strict rule should be introduced into practice: a contract with the executive head of an enterprise can be signed only after the business plan has been agreed upon and approved. The values ​​of the approved target financial and economic indicators of the enterprise’s activities must be recorded in the annex to the contract. In this case, the contract must contain required condition that the head of the enterprise will be removed from office in the event of failure to implement the business plan agreed upon and approved by the Board of Directors.

The state, like any other owner, must ensure the management of state property with maximum efficiency. The owner manages his property through his authorized representatives who participate in the management bodies of enterprises (Boards of Directors and General Meetings of Shareholders), wholly or partially owned by the state. At the same time, the most important limitation is that the authorized representative of the state can in no case be the manager who manages the current operations of the enterprise. Otherwise, a representative of the state will be forced to evaluate the effectiveness of himself, and this is nonsense, which, unfortunately, takes place in Russian practice (for example, GAZPROM).

CLASSIFICATION OF STATE PROPERTY OBJECTS

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

Enterprises that must be exclusively state owned (not commercial entities)

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).

Objects are exclusively state owned

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 either state or private ownership)

Objects that are significant from the point of view of macroeconomic influence (can be in both state and private ownership).

As noted earlier, 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 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:

1. Examination of the enterprise activity plan
2. Determination of the values ​​of the main financial and economic indicators
3. Approval of the enterprise plan, including staffing and payment terms
4. Regular monitoring of plan execution
5. 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

Cost and profitability standards, including the amount of subsidies in case of planned unprofitability of the enterprise

Sources and conditions of financing.

Properties with the possibility of commercial use

As stated above, when managing commercial objects, 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 objects, the most important task of the state is the formation and management (sale or acquisition of blocks 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. 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, at their core, close functions of a private equity fund.

Identification of state property objects
(Government or commercial)

Taking into account that the principles of state management of enterprises that are exclusively state-owned differ significantly from the principles on the basis of which the management of commercial enterprises is carried out, it is necessary first of all to divide all enterprises wholly or partially owned by the state into two main groups.

When determining which enterprises should be exclusively state-owned, the following criteria should be used:

The need to preserve the enterprise. The presence of insurmountable circumstances that determine the necessity of the mandatory existence of this enterprise (reasons why this enterprise cannot be liquidated or repurposed);

Impossibility of commercial financing (additional criteria).
The following groups of factors are key in determining which enterprises should be exclusively state-owned.

Group 1: The need to preserve the enterprise

(1) Threat of loss national security in case of liquidation, re-profiling or privatization of the enterprise.

(2) The enterprise produces such goods or services, the needs for which must necessarily be covered, and for which there are no substitute goods or, for objective reasons, cannot be used from independent (commercial) manufacturers (for example: the production of nuclear weapons)

(3) Products or services created by the enterprise are important for the formation of the strategic potential of the state (for example: fundamental Scientific research areas of space).

Group 2: Impossibility of commercial financing

(4) Objective restrictions on the profitability of an enterprise (planned loss ratio)

(5) The enterprise cannot be attractive to investors due to lack of growth (development) potential or does not have the necessary collateral for bank loans

(6) The enterprise cannot ensure the disclosure of financial and economic information due to increased secrecy requirements

(7) Unacceptable level of risks for investors.

For example, the only consumer of an enterprise's products is the state, and there is no free market for these products or services.

To decide which enterprises should be classified exclusively as state property, you can use the following matrix (Table 1), demonstrating various combinations factors.

Table 1

G - exclusively state-owned
K - may be commercial.

It should be taken into account that the factors of the 2nd group themselves, which determine the impossibility of commercial financing of the object, cannot be decisive when classifying an enterprise as a state or commercial form of ownership, but can only be considered in conjunction with factors from the 1st group (the need for the existence of the enterprise ). For example, factors such as: current unprofitability, insolvency, the need to preserve jobs are not decisive. An enterprise is insolvent not because it is state-owned, but because it is ineffectively managed and a change in management or restructuring could lead to an improvement in its position.

The functions of the state in managing industry are often confused. The investor state is trying to solve the problems of increasing the efficiency of the enterprise (management problems) through investment budget funds. One of the striking examples of an erroneous understanding of the role of the state in industrial management is the activity of the Moscow Government, which became the owner of a number of inefficiently operating enterprises by investing additional budget funds in them. In most cases, this simply leads to loss of money. In some cases, enterprises with growth potential begin to “come to life” as a result of budget injections, but no one remembers that this result could have been achieved without the use of budget funds, but by creating conditions for attracting private capital.

Requirements of secrecy, as restrictions on the presentation of financial information to investors, and, consequently, the impossibility of attracting capital from extra-budgetary sources, are also not a decisive factor. If an enterprise has an objective opportunity to separate a secret production into a separate legal entity, all restrictions on the provision of financial information by this enterprise to investors are lifted, since the secret production will remain in state ownership and information on it will not be provided. On the other hand, today there are open joint-stock companies that carry out government defense orders. However, if these enterprises require additional capital to develop the production of civilian products, they will have to allocate civil proceedings into a separate legal entity to raise capital from commercial sources.

UNIFIED PLANNING SYSTEM

One of the most important mechanisms for managing state property is the planning system. At first glance, the creation of a global unified planning system in Russia looks like a utopia. In reality, this is not the case. A planning system covering all enterprises, wholly or partially, owned by the state can be created in the shortest possible time, not exceeding 6 months and with minimal costs. This is primarily due to the following factors:

The high level of development of information technology and the availability of specialized software products recognized by specialists in management and financial analysis not only in Russia, but also in foreign countries, as well as their affordable cost

More than 10 years of professional experience in the field of business planning at enterprises in various industries

Successful practical experience training specialists from Russian and foreign enterprises

The presence of a developed educational infrastructure (more than 50 universities), with the necessary training base, qualified teachers and information technology

The presence, in almost every region, of consulting firms with sufficiently highly qualified specialists to assist enterprises in developing business plans

Availability of organized and qualified consulting support on business planning issues on the Internet.
In this case, the planning system must meet the following requirements:

Minimal labor intensity to use (the ability to automate basic planning procedures and efficiency analysis)

Globality (possibility of covering all enterprises, fully or partially, owned by the state)

Versatility (application standard methods approaches to various sectors of activity and types of enterprises)

Compliance with generally accepted practices of strategic and operational corporate planning

Compliance of reporting documents international standards financial statements (IAS), to ensure the possibility of presenting information on the activities of the enterprise to government representatives, as well as Russian and foreign shareholders (investors) in a unified format

Information compatibility (ensuring the possibility of unhindered information exchange between enterprises and government bodies at the federal, regional and municipal levels)

Ease of learning and the availability of the necessary infrastructure for training.

Minimal labor intensity to use

The most important factor contributing to the development of business planning processes. Main role Specialized software products for planning and analysis of a new generation, based on cash flow simulation methods, played a role in reducing labor intensity. The low labor intensity of developing business plans is ensured by the fact that modern software products have a developed user interface, effective means modeling and analysis, and do not require users to have special knowledge in programming.

The leaders among existing software products for corporate planning and financial analysis on the Russian and international markets are Russian software products of the Project Expert (Business Builder) series produced by the consulting firm PRO-INVEST CONSULTING. These products were recommended by the EBRD, IFC, UNIDO. Today in Russia there are more than 5,000 legal users of these software products.

The use of modern communication technologies makes it possible to generate, store and transmit information for long periods of time. At the same time, software products should allow the construction of financial models of various enterprises, regardless of the scale and industries.

· Investment decisions:

Which enterprises should remain exclusively state-owned?

Which enterprises should be privatized in whole or in part?

Which enterprises have growth potential if they are reformed, and, therefore, can be offered to investors after appropriate transformations are carried out to ensure an increase in the value of the business?

Which businesses should be liquidated?

Decisions on debt obligations of enterprises, especially to the state budget (both on taxes and on issued loans and guarantees):

Which businesses should be subject to bankruptcy proceedings?

Which companies' debt obligations should be restructured and under what conditions?

Debt obligations of which enterprises should be sold on the market to interested investors (in the event of a decision to change ownership or privatize the enterprise)?

Problems of choosing directions for the development of specific state-owned enterprises:

On what strategic areas of business (industries and product-market groups) should the enterprise concentrate its efforts and resources?

What goals and targets should be set for an enterprise to assess the effectiveness of its management?

What development strategy should an enterprise choose to achieve its goals?

Should the enterprise be restructured to align with certain strategic priorities, which divisions and excess assets should be eliminated or sold, and which should be transformed or recreated?

What should be the financing strategy, how and from what sources can the required transformations be financed?

• Leadership, Management, Company Management

The public sector includes facilities that form the basis of the country's wealth and serves as a natural basis for the development of the entire national economy. In mass production, in natural and resource monopolies, metallurgy, and the chemical industry, state-owned enterprises are preferable based on efficiency criteria. There are many state-owned companies in various countries, such as Renault, Volkswagen, British Petroleum, which not only withstand competition, but also win. Economic structures of the private sector, including large ones, cannot do without support from government resources, including financial ones.

The state in Russia is a major owner. All railways and commercial ports, 40 thousand enterprises and institutions, including 23 thousand institutions are state owned; the state participates in 3,900 joint-stock companies, in 2,500 of them it has more than 25% of the shares; 580 JSCs use the “Golden Share” right. There are 337 million m2 of non-residential premises in federal ownership alone. Russia, as the legal successor of the USSR, has all rights to intellectual property in Soviet developments of weapons and military equipment. Any modernization without the participation of Russia is illegal.

When developing a forecast of socio-economic development Russian Federation The section “Projects for the development of the public sector of the economy” includes indicators for:

State unitary enterprises;

Government agencies;

Business companies with a state ownership share of more than 50% of the authorized capital.

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

The government approves a plan for the federal budget to receive revenue from the use of federal property. The Russian Ministry of Property 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.

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

State property objects belong to one or another level of ownership, regardless of whose balance sheet they are on, what the departmental subordination of the enterprises is. The criteria for classifying objects as federal property are divided into structural(production, non-production, securities) and functional(sectoral, territorial, share in the economy).

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 powers of ministries and departments to manage state property have been terminated.

State-owned property is assigned to state enterprises and institutions for possession, use and disposal. Unsecured state property (budget funds, etc.) constitutes the state treasury of the Russian Federation, a subject of the Russian Federation.

Thus, federally owned administrative buildings, structures and non-residential premises of the Russian Ministry of Property:

Assigns the right of operational management or transfers it for free use to federal government bodies, federal institutions and state-owned enterprises, and assigns it to federal state unitary enterprises for the right of economic management;

Rented out under a contract to other organizations.

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

The purpose of state property management is to meet public needs, fulfill internal and external obligations of the Government 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, alienation, leasing, collateral, trust management and other operations.

Under normal economic conditions, there is a process of constant transfer of ownership from one form to another and back; private property is nationalized and becomes state property, state property is privatized, i.e. becomes private. The intensity of changes in forms of ownership increases during the period of socio-economic reorganization.

To form market relations, develop initiative, individual and collective entrepreneurship in Russia, since 1992, privatization of state and municipal property has been carried out by decision of those authorized to do so. government agencies.

Under privatization refers to the alienation for compensation of property owned by Russia, constituent entities of the Russian Federation or municipalities into the ownership of individuals and legal entities.

Based on the possibility of privatization, state property is divided into types:

Privatization of property is prohibited;

Property is assigned to state ownership until a decision is made to terminate its assignment;

Property is privatized with the establishment of a ban on participation in its privatization by foreign individuals and legal entities, as well as residents of the Russian Federation who have foreign individuals and legal entities as founders (participants) or affiliates;

Property is privatized by decision of the Government of the Russian Federation;

Property is privatized by decision of the federal body for state property management in agreement with the federal executive authorities, which have the authority to coordinate and regulate activities in the relevant sectors of the economy.

The priorities, restrictions and procedure for the privatization of state property, as well as the basis for the privatization of municipal property in the Russian Federation, are established by the privatization program, which is developed by the Government of the Russian Federation. Changes and additions to it must be submitted annually to the State Duma simultaneously with the draft federal budget.

At the first stage of privatization, the task was to break the state monopoly on property and introduce socio-economic relations on the basis of private property; gratuitous transfer of state property by distributing privatization checks (vouchers) to the population on an equalizing basis.

At the second stage, privatization is carried out primarily using market prices for state property, investment orientation of sales, and opportunities for concentration of ownership. In addition, the interests of the state, enterprises, territories, and citizens are more fully taken into account. At this stage, privatization is not mass, but on individual projects, taking into account the specifics of each enterprise,

In relation to any enterprise, with the exception of enterprises whose privatization is prohibited, a decision may be made to sell. At the same time, a single enterprise complex includes fixed assets, other long-term investments, working capital and financial assets, liabilities, property rights, and land plots. Objects of social, cultural and public utility purposes are transferred mainly to municipal ownership: kindergartens and camps; healthcare institutions located outside the territory of enterprises; engineering infrastructure facilities of cities and regions, including electricity, gas, heat supply, water supply and sewerage, outdoor lighting; housing stock and maintenance, repair and construction units servicing it.

The maintenance of social, cultural and housing facilities not included in the privatized property, both temporarily on the balance sheets of privatized enterprises and transferred to municipal ownership, is ensured within the limits of financing standards approved by the local government bodies on whose territory they are located.

Funds from the federal budget, payments from consumers of housing and communal services, and funds from enterprises to finance capital repairs of the housing stock are provided for the maintenance and operation of transferred facilities. Dividends on shares assigned to state ownership are also a source of financing. They are accumulated in the accounts of municipal structures that manage these facilities.

The sale of federal property is carried out by a specialized institution and its appointed representatives. Specialized institution:

Owns the privatization objects transferred to him until the moment of their sale, including exercising the powers of a shareholder (participant) in business companies;

Carry out the sale of privatization objects transferred to it;

Acts as a founder of business companies;

Maintains reporting on funds received as a result of privatization, as well as accounting for shares subject to privatization owned by the Russian Federation;

Receives and transfers funds from privatization in accordance with established standards;

Ensures the transfer of dividends and other income on shares of joint-stock companies in which a specialized institution exercises the powers of a shareholder;

Issues government securities certifying the right to acquire federally owned shares of OJSC created during the privatization process.

A specialized institution can create its own branches in the constituent entities of the Russian Federation.

Currently, the functions of a specialized institution are performed by the Russian Federal Property Fund (RFFI).

The sale of state property of the constituent entities of the Russian Federation is carried out by legal entities that have been granted powers by the state authorities of the constituent entities of the Russian Federation. Local governments independently appoint sellers of municipal property.

The Ministry of Defense of the Russian Federation has been granted the right to sell released military property (except for weapons) through specialized state self-supporting enterprises under the Russian Ministry of Defense, as a rule, at stock exchanges and auctions, and on the foreign market through the Department of Foreign Economic Relations of the Russian Ministry of Defense. The sale is controlled by the Russian Federal Property Fund and territorial agencies of the Russian Ministry of Property.

Nationalization is carried out on the basis of the relevant law and if the state has the means to buy out private property (in the specific conditions of Russia at the beginning of the 20th century, property was nationalized without redemption, i.e. through expropriation).

IN developed countries nationalization (renationalization) serves as a common measure for solving economic problems and does not have any ideological overtones. The question of replacing the owner or managers is raised in cases of significant deterioration in the performance of enterprises.

When managing state property, the regime of economic management and operational management is applied; trust management; production sharing agreements.

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 dated July 21, 1997 “On the privatization of state property and the basics of the privatization of municipal property in the Russian Federation.”

Privatization of state and municipal property means alienation for compensation of property owned by the Russian Federation, constituent entities of the Federation or municipalities property (privatization objects) 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 State Duma draft federal law on amendments and additions to the privatization program. Also annually the Government presents Federal Assembly 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, and outlines the powers executive authorities on the management of 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 and other interested federal bodies executive power 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. When 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 efficiency production.

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;
• involved in the privatization process investment 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 global 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 the main 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, complete inventory state property in the country and abroad, 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 begins to generate profits as quickly as possible. profit, producing products that are in demand. Therefore, not any investor needs to sell shares, but only the one who takes obligations invest certain funds in this enterprise. It must be taken into account that in such cases we're talking about not only about the fate of the enterprise, but also about the fate of people: will they remain in their jobs or 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, increase income from the use of federal property, the Government Decree 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 law economic management, or the creation of 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 resolution Governments dated December 29, 1997, is federal executive authority, ensuring the implementation of a unified state policy in the field privatization And management state property and coordinating the activities of other federal bodies executive power in the field of management and administration of the 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, objects real estate, including land plots located under privatized enterprises;
• management and disposal in accordance with the established procedure of federal property objects on territories countries 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 infrastructure market, ensuring 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 property rights on them for sale to the Russian Federal Property Fund;
• edition regulations regulating 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 the federal executive bodies authorities, in which the legislation provides military service.

The Government Decree of June 30, 1998 approved the plan for admission to the federal budget income from the use of federal property 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, whose shares 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 economy.

Privatization of property owned by constituent entities of the Federation and local authorities state power, organize property management committees, members of the relevant bodies government controlled, local administration. The functions of the committee are determined by the Model Regulations on it, approved by the Decree President dated October 14, 1992. Committees have the right to carry out privatization, formalize lease agreements, request all necessary documentation, 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 the proceeds received for the sold property Money; monitors compliance with conditions sales contracts.

Federal Service of Russia for Financial Recovery and bankruptcy (FSFO of Russia) — federal body executive power, carrying 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:

• implementation of state policy to prevent bankruptcy of persons engaged in entrepreneurial activity, on financial recovery and restructuring of insolvent organizations, as well as ensuring conditions for the implementation of bankruptcy procedures;
• execution of powers government agency in cases of bankruptcy and financial recovery, as well as the body authorized to represent the interests of the Russian Federation in relation to obligatory payments and the Russian Federation as a creditor in relation to monetary obligations when resolving issues of insolvency (bankruptcy) of organizations;
• development and implementation of measures to ensure analysis 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 granted right 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 a 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.