Management of state property in the Russian Federation. State property management
The Basic Law and the civil legislation of the Russian Federation contain provisions, on the one hand, providing the authorities with state power the right to act on behalf of the Russian Federation in the management of federal property, but, on the other hand, limiting or not recognizing such a right at all. In order to remove this contradiction or state its real existence, it is necessary to understand how the management of federal property is interpreted in the Constitution of the Russian Federation and civil legislation.
In the Constitution of the Russian Federation, management is naturally and reasonably understood in a broad sense as a set of the most different ways and forms of influence on the object of management, including civil law. But word for word about management is mentioned only twice - in connection with federal property. In particular, subparagraph "e" of Article 71 determines that the Russian Federation is in charge of: "federal state property and its management", and Article 114 establishes that the Government of the Russian Federation "carries out management of federal property."
To the question of whether a state authority can exercise the right to manage federal property on behalf of the Russian Federation, the Basic Law answers in the affirmative. By virtue of part 1 of article 78 of the Constitution of the Russian Federation, “federal executive authorities, in order to exercise their powers, may create their own territorial bodies and appoint appropriate officials.” In accordance with Part 2 of Article 78 of the Constitution of the Russian Federation, “federal executive authorities, in agreement with the executive authorities of the subjects Russian Federation may transfer to them the exercise of part of their powers, unless this contradicts the Constitution of the Russian Federation and federal laws. This also applies to the authority of the Government of the Russian Federation to manage federal property by virtue of subparagraph “d” of Article 114 of the Constitution of the Russian Federation.
At the same time, the transfer of the exercise of part of the powers by the federal executive authorities to the executive authorities of the constituent entities of the Federation is possible only if at least three mandatory conditions. Firstly, the scope of transferred powers is strictly indicated: part 2 of article 78 of the Constitution of the Russian Federation provides for the possibility of transferring only part of the powers. That is, an attempt by the Government of the Russian Federation to transfer all powers to the subjects of federal property to the subjects would be illegal. Secondly, such a transfer is made only by agreement between the federal executive authorities and the relevant authorities of the subject of the Federation. Thirdly, this agreement must comply with the norms of the Constitution of the Russian Federation and federal laws.
The Civil Code of the Russian Federation does not say anything about the management of federal property in the broad, constitutional and legal understanding of management, but confirms the right of state bodies of the Russian Federation to act on behalf of the Russian Federation in relations for the management of federal property. True, this right is described in language and in terms of civil law: within their competence, public authorities on behalf of the Russian Federation may acquire and exercise property and personal non-property rights and obligations and appear in courts (Article 125 of the Civil Code of the Russian Federation).
At the same time, the Civil Code of the Russian Federation contains a significant difference from the Constitution of the Russian Federation in the field of federal property management. It provides for the possibility of transferring the right of such management not only to a state authority (which is limited by the Constitution of the Russian Federation), but also to a private person - a legal entity or an individual. Property management by a private person who does not have the authority of public authority fundamentally changes the methods and forms of management. A private person is inevitably forced to manage federal property by private, i.e. civil law methods.
The right of operational management
The Civil Code of the Russian Federation uses the expression "property management" twice. Once it refers to the institution of operational management law. This is the right of a person who is not the owner of the property, but has received from the owner the right to own, use and dispose of the property. The transfer of such property and rights to it is carried out by a state authority that, on behalf of the Russian Federation, has the authority of the owner federal property, and the person to whom the right of operational management is transferred is a unitary state enterprise.
Federal Law No. 161-FZ of November 14, 2002 “On State and Municipal Enterprises” (hereinafter referred to as the Law) gives new life this legal institution, the existence of which in Russian law was previously considered as a tribute to the needs of an unformed, transitional economy.
The fact is that a state-owned enterprise abroad (in France, Germany and other countries) is a specialized subdivision of a state governing body (ministry or other department), although it has a separate, “additional” or “attached” budget (budget - annexe , annexed budget) and independent, own reporting. But it is not the enterprise itself that participates in the civil circulation, but the administrative structure of which it is a part. A ministry or other department acquires rights and obligations, bears full civil liability for its obligations related to the economic activity of a subordinate state enterprise.
Without going into the specifics of the interpretation of a state-owned enterprise under Russian and foreign law, we emphasize that, according to the Law, the rights of the owner of the property of a federal unitary enterprise on behalf of the Russian Federation are exercised by state authorities of the Russian Federation. In contrast to the Civil Code of the Russian Federation (clause 7 of article 114), the Law prohibits a unitary enterprise from “multiplying”, i.e. create subsidiary unitary enterprises, transferring their property to them. For the same purpose, the Law prohibits the creation of unitary enterprises on the basis of combining property owned by the Russian Federation, a constituent entity of the Russian Federation or municipal enterprises.
Particularly noteworthy are the norms of clause 2, article 20 of the Law, according to which the powers of the owner of the property of a unitary enterprise whose property is owned by the Russian Federation cannot be transferred to a constituent entity of the Russian Federation or a municipality. Although these norms do not formally contradict the provisions of Article 78 of the Constitution of the Russian Federation on the possibility of transferring the exercise of part of their powers by the state bodies of the Russian Federation to the state authorities of the constituent entities of the Russian Federation, they still do not quite correspond to the liberal spirit of the Basic Law, which permeates the provisions of the Constitution of the Russian Federation on property and owner rights.
The law also requires that the liquidation of a unitary enterprise be carried out through its termination without the transfer of rights and obligations by way of succession to other persons. This means that the right to manage the federal property assigned to the liquidated enterprise is again returned to the Government of the Russian Federation or another authorized federal state body.
This is the second case when the Civil Code of the Russian Federation literally uses the expression "property management". Unlike the legal institution of operational management, trust management of federal property has not yet received practical implementation in the Russian economy. The very interpretation of trust management as a law of obligations remains controversial.
The position of the Civil Code of the Russian Federation is that the subjects of the Russian Federation cannot be trustees. According to paragraph 2 of article 1015 of the Civil Code of the Russian Federation, property is not subject to transfer to trust management of a state body or local government.
The ban on the transfer of property in trust management to a state body makes it possible to avoid the "hidden" transfer of property to "trust management" to one of the officials. It is also important that the prohibition on the implementation of trust management by state bodies of the constituent entities of the Russian Federation is associated with the possible liability of the manager for obligations from the trust management agreement for his property (Article 1022 of the Civil Code of the Russian Federation). This is excluded by the limited nature of the rights of state bodies to the property assigned to them.
For these reasons, civil law clearly establishes that an individual entrepreneur or a commercial organization, with the exception of a unitary enterprise, can be a trustee (clause 1, article 1015 of the Civil Code of the Russian Federation). This is another limitation of the provisions of paragraph 1 of Article 124 of the Civil Code of the Russian Federation in the field of federal property management. In cases where trust management of property is carried out on the grounds provided for by law, the trustee may be a citizen who is not an entrepreneur, or a non-profit organization, with the exception of an institution.
Persons appointed by the state body of the Federation to manage federal property located on the territory of a subject of the Federation must first of all be guided by the instructions of the owner, that is, the instructions of the federal government, and be accountable to it. There is no joint competence or joint ownership here. There is no joint jurisdiction here either, since the object of management, federal property, remains in federal ownership.
The federal state body may appoint a property manager of the Russian Federation from among the candidates proposed by the subject of the Federation. But the Federation has the right to both accept and reject the proposed candidates and appoint its own manager. This is the exclusive right of the owner, arising from Article 209 of the Civil Code of the Russian Federation.
That is, for example, by virtue of paragraph "e" of Article 71 and paragraph "d" of Article 114 of the Constitution of the Russian Federation, a person appointed by the Government of the Russian Federation to directly manage federal property is an authorized agent of the Government of the Russian Federation. The subject of the Russian Federation has nothing to do with this property.
Thus, based on the norms of the Constitution of the Russian Federation, the Civil Code of the Russian Federation and other normative acts, the following answers can be given to the questions that have arisen:
1) the transfer to the subject of the Russian Federation in trust management of objects of federal property is impossible;
2) state bodies of a constituent entity of the Russian Federation cannot act as a trustee;
3) the transfer of rights to the subject of the Russian Federation for the management of objects of federal property must be formalized in a different, non-civil law way, i.e. within the framework of constitutional-legal or administrative-legal relations. As for the integral legal mechanism for the transfer of rights to objects of federal property, it is advisable to provide for such a mechanism in a special federal law or a decree of the Government of the Russian Federation, taking into account the legal aspects outlined.
S. Mareeva,
postgraduate student of the Institute of Geosciences
Legal basis for the formation of municipal property
The most important condition for the recovery 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 basics of privatization of municipal property in the Russian Federation."
The privatization of state and municipal property is understood as the paid alienation of property (objects of privatization) owned by the Russian Federation, subjects of the Federation or municipalities into the ownership of individuals and legal entities.
Priorities in the implementation of the privatization of state property, restrictions on its implementation, the procedure for the alienation of property into the ownership of individuals and. legal entities established by federal law 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. The Government also annually submits to the Federal Assembly a report on the implementation of the privatization program for the past year. The law defines the content of the program, gives a classification of state property, sets out 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 objects of federal property, their corporatization, the transfer of certain objects to the ownership of labor collectives. Proposals on the main directions for the use of funds received from privatization are regularly considered. It should be noted that in relation to subjects of federal property, there is a clear trend towards decentralization of management. In recent years, there has been a process of transferring state enterprises and organizations from federal ownership to the ownership of the subjects of the Federation. The transfer is formalized by acts of the Government of the Russian Federation, which are adopted on the joint proposal of the Ministry of State Property of the Russian Federation, other interested federal executive bodies and with the consent of the government (administration) of the corresponding subject of the Federation. The question of the ratio of federal, regional and municipal property is a very important one. Solving it, it is necessary to focus 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 goals were not achieved:
- a wide stratum of effective private owners has not been formed;
- structural restructuring of the economy did not lead to the desired increase in efficiency in the activities of enterprises;
- the investments involved in 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 review 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 system of state property management, 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 is envisaged from mass privatization to the use of an individual approach when making decisions on the privatization of state property, 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 application of federal law dated January 8, 1998 "On insolvency (bankruptcy)". The law establishes the grounds for declaring a debtor insolvent (bankrupt) or declaring its insolvency (bankruptcy) by the debtor, regulates the procedure and conditions for the implementation of measures to prevent insolvency (bankruptcy), external administration and bankruptcy proceedings, and other relations that arise when the debtor is unable to fully satisfy the amount of the creditor's claim.
The state is interested in making a loss-making enterprise or one on the verge of bankruptcy more likely to make a profit by releasing products that are in demand. Therefore, it is not necessary to sell shares to any investor, but only to those who will undertake the obligation 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: whether they will remain in their jobs or become unemployed.
At the stage of implementation of bankruptcy procedures, the focus on the speedy collection of debt does not give real results. Proceeding from this, the Concept provides that bankruptcy, first of all, should be carried out in order to reorganize production. This is one of the ways to redistribute property from inefficient to efficient owners, possibly with a state share. 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, a number of specific measures were outlined by the Government Decree of December 6, 1999 in accordance with the Concept. In particular, it is planned to liquidate, sell or reorganize some of these enterprises or use them to create federal state-owned enterprises on the basis of the property assigned to them. At the same time, cases are defined when it is allowed 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 decisive questions privatization include: the Ministry of State Property, the Russian Federal Property Fund, the Russian Federal Service for Financial Recovery and Bankruptcy, and the Federal Debt Center under the Government of the Russian Federation.
State property management bodies
Ministry of State Property of the Russian Federation(The Ministry of State Property of Russia), according to the Decree of the Government 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 on which were approved by Government Decree of December 4, 1995 No.
The Ministry has its own territorial bodies in the subjects of the Federation. Its main tasks:
- implementation on the basis of the legislation of the Russian Federation of the state policy of privatization of state and municipal enterprises, real estate, including land plots under privatized enterprises;
- management and disposal in accordance with the established procedure of objects of federal property on the territory of 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 the infrastructure of the stock market, which ensures the processes of privatization in the implementation of the state policy in the field of attracting investments;
- making decisions on the privatization of federally owned enterprises, carrying out the necessary transformations of their organizational and legal form and transferring ownership certificates for them for sale to the Russian Federal Property Fund;
- publication of normative acts regulating the privatization process, etc.
In accordance with the Government Decree of June 24, 1998, decisions on the release of military property are also taken by the Ministry of State Property on the proposal of the federal executive authorities, in which the legislation provides for military service.
A government decree of June 30, 1998 approved a plan for the federal budget to receive revenues from the use of federal property for 1998-2000. The Ministry of State Property is entrusted with coordinating the activities of federal executive bodies to implement the plan and control over its timely and complete implementation.
The Ministry of State Property maintains a register of indicators of the economic efficiency 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 entrusted to the Ministry by the Decree of the Government of January 11, 2000 in order to ensure effective management of the public sector of the economy.
The privatization of property owned by the subjects of the Federation and local government bodies is organized by property management committees, included in the relevant government bodies, local administration. The functions of the committee are defined by the Standard Regulations on it, approved by the Decree of the President of October 14, 1992. The committees have the right to carry out privatization, draw up lease agreements, request all necessary documentation, and act as a representative of the property fund.
Ministry of State Property of Russia is accountable Russian Federal Property Fund, which is a specialized financial institution that performs the functions of privatization of objects of federal property transferred to it. To do this, the Fund implements special commercial and organizational and control functions: it sells privatization objects, since it has the authority to sell federal property; ensures the transfer to the budget of funds received for the sold property; monitors compliance with the terms of sales contracts.
Federal Service of Russia for Financial Recovery and Bankruptcy(FSFO of Russia) is a federal executive body that performs 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 exercises the functions and powers assigned to it directly and through its territorial bodies and representatives in the respective territories. Main tasks federal service, according to the Regulations on it, approved by the Government Decree of June 1, 1998, are:
- implementation of the state policy on the prevention of bankruptcy of persons engaged in entrepreneurial activities, on financial recovery and restructuring of insolvent organizations, as well as ensuring the conditions for the implementation of bankruptcy procedures;
- exercising 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 for mandatory payments and the Russian Federation as a creditor for monetary obligations in resolving issues of insolvency (bankruptcy) of organizations;
- development and implementation of measures to ensure the 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 enforcement judgments, as well as acts of other bodies, which, in accordance with the legislation of the Russian Federation, are granted 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 the 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. And first of all, not industrial complexes are put up for auction, but luxury items that any commercial structure has. The Center performs its tasks directly or through territorial departments (branches, representative offices) or organizations endowed with the rights and functions of the Center.
The public sector includes objects 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 resource monopolies, in metallurgy, in the chemical industry, state-owned enterprises are preferable in terms of efficiency criteria. In various countries, there are many state-owned firms, 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 the support of state resources, including financial ones.
The state in Russia is a major owner. All railways and commercial ports, 40,000 enterprises and institutions, including 23,000 institutions, are state-owned; the state participates in 3900 joint-stock companies, in 2500 of them it has more than 25% of the shares; in 580 joint-stock companies the right of the "Golden share" is used. 337 million m 2 of non-residential premises are in federal ownership alone. Russia, as the legal successor of the USSR, has all intellectual property rights in Soviet developments of weapons and military equipment. Any modernization of it without the participation of Russia is illegal.
When developing a forecast for the socio-economic development of the Russian Federation, the section "Projects for the development of the public sector of the economy" includes indicators for:
State unitary enterprises;
Government institutions;
Business companies with a share of state property of more than 50% of the authorized capital.
The Ministry of Economic Development and Trade of Russia is developing a system of indicators for the functioning of the public sector.
The government approves a plan for the receipt of revenues from the use of federal property into the federal budget. The Ministry of Property of Russia coordinates the activities of federal executive bodies to implement the plan. The main planned sources of income are funds from the lease of federal property, the use of property located abroad, dividends on shares in federal ownership.
For the organization of management, state property is divided into federal property, property of the constituent entities of the Russian Federation and municipal property.
Objects of state ownership belong to one or another level of ownership, regardless of whose balance sheet they are, what is the departmental subordination of enterprises. 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 objects of federal property 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, possession, use and disposal of land, subsoil, water and other natural resources are jointly administered by the Russian Federation and the subjects of the Russian Federation. The powers of ministries and departments to dispose of 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 constituent entity of the Russian Federation.
So, administrative buildings, structures and non-residential premises of the Ministry of Property of Russia that are in federal ownership:
Secures on the right of operational management or transfers for gratuitous use to federal government bodies, federal institutions and state-owned enterprises, and assigns to federal state unitary enterprises on the right of economic management;
Leases to other organizations under a contract.
The conclusion of lease agreements for real estate objects is carried out, as a rule, on a competitive basis, 10% of the rent is directed to finance activities related to property management.
The purpose of state property management is to meet public needs, fulfill the internal and external obligations of the Government and mobilize revenues for 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, pledging, trust management and other operations.
Under normal economic conditions, there is a process of constant transfer of property from one form to another and vice versa; private property is nationalized and becomes state property, state property is privatized, i.e. becomes private. The intensity of the change of forms of ownership increases during the period of socio-economic reorganization.
For the formation of market relations, the development of initiative, individual and collective entrepreneurship in Russia, since 1992, privatization of state and municipal property has been carried out by decision of authorized government agencies.
Under privatization is understood as the paid alienation 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;
The property is secured in state ownership until a decision is made to terminate its consolidation;
The property is privatized with the establishment of a ban on participation in its privatization of foreign individuals and legal entities, as well as residents of the Russian Federation, having as founders (participants), or affiliated persons, foreign individuals and legal entities;
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 bodies, which are in charge of coordinating and regulating activities in the relevant sectors of the economy.
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 annually submitted 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, to 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 mainly 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,
With regard to any enterprise, with the exception of enterprises whose privatization is prohibited, a decision to sell may be made. At the same time, a single complex of the enterprise includes fixed assets, other long-term investments, working capital and financial assets, liabilities, property rights, and land plots. Objects of socio-cultural and communal purposes are transferred mainly to municipal ownership: kindergartens and camps; health care facilities located outside the territory of enterprises; objects of engineering infrastructure of cities, regions, including electricity, gas, heat supply, water supply and sewerage, outdoor lighting; housing stock and maintenance and repair and construction subdivisions serving it.
The maintenance of objects of social, cultural and housing purposes not included in the privatized property, both temporarily on the balance sheets of privatized enterprises, and transferred to municipal ownership, is provided within the limits of financing norms approved by the local governments 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 the transferred facilities. The source of financing is also dividends on shares fixed in state ownership. They are accumulated on the accounts of the municipal structures that manage these facilities.
The sale of federal property is carried out by a specialized institution and its representatives. Specialized institution:
Owns the objects of privatization transferred to him until the moment of their sale, including exercising the powers of a shareholder (participant) in business companies;
Carries out the sale of objects of privatization transferred to him;
Acts as a founder of economic companies;
Maintains reports on funds received as a result of privatization, as well as accounting for shares owned by the Russian Federation subject to privatization;
Receives and transfers funds from privatization in accordance with established standards;
Ensures the transfer of dividends and other income on shares of JSC, in which a specialized institution exercises the powers of a shareholder;
Issues government securities certifying the right to acquire federally owned shares in OJSCs created in the course of privatization.
A specialized institution may create its branches in the constituent entities of the Russian Federation.
At present, the functions of a specialized institution are performed by the Russian Federal Property Fund (RFBR).
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 self-government bodies 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 Foreign Economic Relations Department 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 an appropriate 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, that is, by expropriation).
IN developed countries nationalization (renationalization) serves as a common measure for solving economic problems and has no ideological overtones. The question of replacing the owner or managers is raised in cases of a significant deterioration in the work of enterprises.
When managing state property, the regime of economic management and operational management is applied; trust management; production sharing agreements.
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