State and municipal administration: lecture notes Kuznetsova Inna Aleksandrovna
2. State regulation in the fields of culture
Law of the Russian Federation of October 9, 1992 No. 3612-1 "Fundamentals of the Legislation of the Russian Federation on Culture" connects the concept of culture and creativity with various types cultural activities – activities for the preservation, creation, dissemination and development of cultural values. Under cultural property understands moral and aesthetic ideals, norms and patterns of behavior, languages, dialects and dialects, national traditions and customs, historical toponyms, arts and crafts, works of culture and art, results and methods scientific research cultural activities, buildings, structures, objects and technologies of historical and cultural significance, historically and culturally unique territories and objects. Cultural activity creates cultural goods– conditions and services provided by organizations, other legal and individuals for citizens to meet their cultural needs.
Creative activity is the creation of cultural values and their interpretation. An inextricable link with cultural activity is the person who creates or interprets these values.
In culture, a large role belongs to professional creative organizations (unions of writers, theatrical figures, cinematographers, etc.), which unite and direct the creative activity of numerous non-profit organizations of culture and art.
The founder of a cultural organization approves its charter and amendments to it, appoints and dismisses the head, concludes, changes and terminates contracts with the head in the manner statutory. Since cultural organizations can be institutions of federal, constituent entities of the Federation or municipal significance, the charters and regulations of a cultural organization are approved by acts of the Government of the Russian Federation, the Ministry of Culture and Mass Communications of the Russian Federation, executive authorities of the constituent entities of the Federation or municipal bodies of local self-government.
Activities aimed at the preservation, creation, dissemination and development of cultural values, the provision of cultural benefits to the population in various forms and types, is the main activity of cultural organizations. Cultural organizations may carry out other activities that do not contradict the law, provided for by their charter (regulations), including entrepreneurial, only in so far as this serves to achieve the goals for which it was created and which corresponds to these goals.
State bodies, local self-government bodies do not interfere in the professional and creative activities of cultural organizations, except in cases where such activities lead to propaganda of war, violence and cruelty, racial, national, religious, class and other exclusivity.
The Ministry of Culture and Mass Communications is a federal executive body responsible for developing public policy and legal regulation in the field of culture, art, historical cultural heritage and cinematography, means mass media and mass communications, archiving and on issues of interethnic relations. It coordinates and controls the activities of Federal Service for monitoring compliance with legislation in the field of mass communications and the protection of cultural heritage, the Federal Archival Agency, the Federal Agency for Culture and Cinematography, the Federal Agency for Press and Mass Communications.
According to the Regulations on the Ministry of Culture and Mass Communications of the Russian Federation, approved by the Decree of the Government of the Russian Federation of June 17, 2004 No. 289, the Ministry of Culture of Russia carries out following features and powers: submits to the Government of the Russian Federation draft federal laws, regulatory legal acts of the President of the Russian Federation and the Government of the Russian Federation and other documents on which a decision of the Government of the Russian Federation is required, on issues related to the established sphere of competence of the Ministry and to the spheres of competence of federal agencies subordinate to it, as well as draft work plan and forecast indicators of the activities of the Ministry, etc.
Structural divisions The Ministry of Culture of Russia are departments in the main areas of activity of the ministry, which include departments. Under the authority of this ministry and directly subordinate to it is the Federal Archival Agency, federal agency for Culture and Cinematography and the Federal Agency for Press and Mass Communications. The Ministry of Culture and Mass Communications of the Russian Federation on the basis of and in pursuance of the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the President of the Russian Federation and the Government of the Russian Federation independently legal regulation, and also develops and submits to the Government of the Russian Federation draft federal constitutional laws, federal laws and acts of the President of the Russian Federation and the Government of the Russian Federation on the following issues:
1) culture, art, historical and cultural heritage (with the exception of the sphere of protection of cultural heritage), cinematography, publishing, printing, archives, copyright and related rights (with the exception of draft regulatory legal acts on control and supervision in the field of copyright and related rights);
2) international cultural and information cooperation.
This text is an introductory piece. From book Business Law author Shevchuk Denis Alexandrovich5. State regulation of monopolistic activity To develop commodity markets and competition, limit monopolistic activity, suppress unfair competition and protect consumer rights, there is the State Committee of the Russian Federation for
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From book Commercial Law: lecture notes the author Gorbukhov V A1. State regulation of education and science in the Russian Federation Enshrined in Art. 43 of the Constitution of the Russian Federation, the right of citizens to education has a very solid legal and institutional framework, expressed by the presence of a fairly broad regulatory framework and
the author Gorbukhov V ALECTURE No. 30. State regulation of the exchanges by the main state body regulating the activities commodity exchanges and exercising control over their activities is the federal executive body in the field of financial markets for
From the book Administrative Law of Russia in Questions and Answers author Konin Nikolai Mikhailovich From the book System government controlled author Naumov Sergey Yurievich3. Antitrust State Regulation
From the book Commercial Law author Golovanov Nikolay Mikhailovich4. State banking and tax regulation Banking regulation is carried out in accordance with the Federal Law of December 2, 1990 No. banking” (as amended on April 8, 2008). Banking system Russian Federation includes
From the book Business Law. cheat sheets author Antonov A.P.Topic 21. State regulation in the fields of culture 1. The concept and types of cultural activities, legal status cultural organizations in the system of the Ministry of Culture and Mass Communications of the Russian Federation Law of the Russian Federation "Fundamentals of the Legislation of the Russian Federation on Culture"
From the author's book2. State regulation of archiving An organizationally independent sub-sector of the socio-cultural sectoral complex is archiving, under which, in accordance with the Law of the Russian Federation of July 7, 1993 No. 5341-1 "Fundamentals of the legislation of the Russian Federation
From the author's book5. State regulation of physical culture, sports and tourism It would seem that the system of the socio-cultural complex should include physical culture, sports and tourism as an independent branch
From the author's book6.2. State regulation of the economy The economy is the basis that determines all aspects of the life of society and consists in the rational use of resources for the production of goods, the provision of services and the satisfaction of society's needs.
From the author's book146. State regulation of prices for certain types goods The principle of freedom of pricing is limited in order to ensure the public interest. The fundamentals of the procedure for establishing and applying prices are determined by decrees of the President of the Russian Federation and decrees of the Government
From the author's book191. State regulation of commercial activities The state regulates commercial activities through: state registration of commercial entities; licensing certain types of commercial
From the author's book2. State regulation of legal relations The multilateral activity of commodity producers takes place under state regulation. In the process of organization, implementation of production, at subsequent stages of exchange and production consumption
From the author's book21. State regulation of entrepreneurial activity The basis of all entrepreneurial activity in Russia is the initiative and independence of its participants. These principles are enshrined in the current legislation. However, independence
From the author's book96. State regulation of entrepreneurship in industry
Modern industrial complex Russia was formed in conditions of centralized management of the economy. During this period, the main goals of its development were set by directive. Heavy industry and the defense complex received a hyperpeat character. Industries and enterprises producing consumer goods developed more slowly. Due to the irrational structure of the economy, the increase in the gross social product in 1976-1980 amounted to. 4.2%, in 1981-1985 - 3.3%, in 1986-1989. - 2.8%. The increase in national income used for consumption and accumulation amounted to 3.3%, 3.0% and 2.8%, respectively. \" Production volumes did not meet the needs, which manifested itself in a shortage of goods. Their quality was significantly inferior to foreign ones. All this speaks about the inconsistency of the economic management system with the needs of society.At the same time, it would be wrong to completely deny attempts to rationalize management on the basis of a scientific approach to the formation of industrial policy and the sectoral structure of production.So the sectoral structure of production was regulated by the intersectoral balance. attempts to reduce the share of accumulation in the national income, measures were taken to develop the production of consumer goods at defense enterprises. economic methods management and deployment of cost accounting. But all of them did not affect the foundations of centralized management, the structure of the economy and did not pursue the goals of taking radical measures, the objective prerequisites for which were ripe.
At the same time, the first decade of market reforms showed that industrial production, left to itself without state regulation, is stagnating. The exception now is energy, raw materials and some other industries working for export. At the same time, the consumption of goods produced by them in the domestic market has decreased. Theoretically, it is possible to restructure industry on the basis of exclusively market mechanisms. However, this will take quite a long time. Russia on social and economic reasons can't go for that option.
Currently, market structures in Russia are not interested in long-term investments. Public investment has declined. There is a predatory exploitation of the previously created production base and natural resources. Interests big business do not coincide with the interests of the state and society. Therefore, restructuring on market conditions first leads to the stagnation of unclaimed by the market system or uncompetitive industrial potential and then to its slow renewal. But this is hindered by a lack of investment and international competition, which is expressed in low rates of economic development and an increase in the standard of living of the population. Solution social problems Russia requires a more effective economic and industrial policy.
To reduce the period of economic transformation, it is necessary to actively use state regulation. The content of industrial management in modern conditions substantially liberalized. But the economic conditions for its functioning are created by the state. It forms and industrial policy. Methods of state regulation are widely used by developed countries, especially during periods of economic downturns and crises. They are based on the development of a strategy for the development of national industry, the study of domestic and foreign markets, effective utilization of natural resources from the standpoint of the state, the use and renewal of technological potential based on stimulating economic mechanisms, and direct financing of large state investment programs.
Industrial production is the main source of GDP, commodity mass for domestic consumption and export. Share of industry at stable developing economy accounts for about 40% of GDP. In the economy of the USSR in the late 80s. it reached about 60%. About 40% of the able-bodied population is employed at industrial enterprises during the period of stable economic development. Therefore, the main task of the government is to preserve, develop and support the domestic industry. Based on the volume and role in the formation of GDP, budget and employment, in economic policy Russian industry should be the main priority.
This was not observed during the transition of Russia to market economy. The processing industry has been hardest hit by economic crisis. For the period 1990-1998. the decline in industrial production amounted to more than 60%, including more than 80% in mechanical engineering. In 2000-2001 there has been a revival of the domestic industry, but its pace is 3.5-4% of the achieved level. In 2002, industrial growth rates are predicted at 4%. This is about 1.5% of the 1990 level. Considering the scale economic downturn, it can be argued that the potential of the industrial potential is not used enough.
Russia's industry is in such a state that its independent revival is impossible. During the period of industrial recession, stimulating measures of state support and regulation are needed, as well as the development and implementation of a targeted state industrial policy that optimally takes into account the existing economic relations, Russia's promising interests and participation in international division labor.
Government regulation (especially today) - main factor industrial development. But the choice of its directions, the assessment of costs and results in modern conditions should be based on market mechanisms. With their help, it is necessary to implement the principles of efficiency and increase in sales volumes, reproductive orientation and efficiency of innovation and investment activities, social results and environmental restrictions.
Currently, the system of public administration in Russia is moving from direct control to economic mechanisms that create conditions for self-adjustment of production and sales processes. The basis of the industrial development strategy is the transition to market methods of regulation, which can be effectively implemented with the corresponding marketing concept of industrial development.
Industrial enterprises are the main functional link in the market economy. All regulatory influences are designed to focus on supporting and stimulating their effective activities. In other words, state regulation is carried out to conduct a general effective industrial policy in commodity markets, to create conditions for the effective functioning of enterprises that have adapted to market conditions. It is also necessary for the selective support of industries and enterprises of the commodity specialization of the Russian industry, which create the basis for economic growth, meeting the prospective domestic and export needs of Russia in goods and services. These needs can be met directly on the basis of the production and sale of goods consumed in the domestic market or through the exchange of goods in foreign markets.
national industry designed to compete successfully with imports. For a country like Russia, a positive balance of foreign trade balance should be formed not only on the basis of exports of products of the energy and extractive industries, but also taking into account the development of exports of products of the processing industry for industrial and non-industrial purposes, including in industries that create science-intensive products.
Industrial policy covers the development of all commodity production, but its participants are at different levels of using market mechanisms. Therefore, the methods of economic impact on them should be different. For fully adapted to market conditions, it is necessary to create common economic conditions development. Those who are depressed need selective support depending on their national economic importance.
The state long-term industrial development program that implements industrial policy should be implemented by the state commission with the participation of the Ministries economic development and trade, industry and science, finance. It is also important to involve large industrial corporations and resource-providing production systems. The program must be considered by the Government of the Russian Federation and approved by the State Duma, which exercise control over its implementation.
More on the topic State regulation of industrial development:
- 11.2 Interstate regulation of the public utility of multinational companies
- Interstate regulation of international economic relations.
- 6.3. STATE REGULATION OF FINANCES OF BUSINESS ENTITIES IN THE FIELD OF FOREIGN ECONOMIC ACTIVITIES
- State regulation of investment activity
- State regulation of employment and labor market
- State regulation of industrial development
- State regulation of sustainable developed agro-industrial complex
- 2. State regulation of regional development
- State regulation of insurance activities
- 1.1. State credit as an economic category. State regulation of the economy and state credit
- § 3. State regulation of intellectual property relations
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Currently, state regulation of the construction industry at the federal level is carried out by several federal executive bodies, the main of which is the Ministry regional development Russian Federation. The development and implementation of state policy by the Ministry of Regional Development of Russia is carried out in three main areas.
The first direction is the sphere of technical regulation in construction. The basic legislative act here is the Federal Law "On Technical Regulation". In accordance with current legislation this authority is in the exclusive jurisdiction of the Russian Federation. If, prior to the adoption of this federal law, the constituent entities of the Russian Federation had the right to approve territorial building codes (TSN) containing technical requirements to design and survey, construction and installation work, then after its entry into force, the regions do not have such an opportunity.
The second direction is the regulation of city construction activities, or urban regulation. The basic legislative act on which the state policy in this area is based is the Town Planning Code of the Russian Federation. This direction, in accordance with the legislation of the Russian Federation, is implemented by three levels of public authority: federal, regional and municipal.
The third direction is estimated rationing and pricing in construction. The basic law here is the Federal Law "On investment activities carried out in the form of capital investments". This authority is exercised by the Russian Federation and the subjects of the Russian Federation.
Of course, the above division of spheres of activity is, to a certain extent, conditional. For example, for the construction of a specific facility, it is necessary to resolve urban planning, technical, budgeting issues, and at the level of state regulation, all three areas are closely interconnected, interdependent and complement each other. First of all, this applies to the spheres of technical and budgetary regulation. These areas of regulation are interconnected and interdependent, as they contain similar scope of work, common terminology, and are developed according to a single methodology. At the same time, the technical norms are the primary ones, on the basis of which the estimated norms are developed.
At present, after the liquidation of Rosstroy, the Ministry of Regional Development is carrying out both the development and implementation of state policy in the construction industry.
Technical regulation. The main task in this area is the development and approval of technical standards, which, on the one hand, when they are implemented, will ensure the safety of the construction and operation of a building, structure and, on the other hand, will not be a brake on the introduction of new technical solutions, application of new technologies and materials.
It must be admitted that in this area we are lagging behind the real needs of the construction industry. For almost four years since the adoption of the Federal Law "On Technical Regulation" and until it was amended last year, no work was carried out in this area. The Ministry of Regional Development of Russia or some other federal executive body was not empowered to update existing technical regulations. In addition, it was not possible to develop technical regulations on the safety of buildings, since the previous version of the law did not take into account the specifics of building products.
Slide 1 (Fig. 2) shows a three-level structure of documents in the field of technical regulation, within which our work is based. The first level of documents is technical regulations. These are the only documents that (after their entry into force) will contain mandatory requirements for buildings and structures as objects of technical regulation. The main ones here are two technical regulations: "On the safety of buildings and structures" and "On the safety building materials and products". The first technical regulation has already been developed, passed all the necessary procedures, including public discussion, agreed with the federal executive authorities and submitted to the Government of the Russian Federation. After consideration by the government, it will be submitted to the State Duma. According to the second technical regulation, competitive procedures were carried out, the winner was determined, and now a state contract is being concluded. This technical regulation is adopted in the form of a decree of the Government of the Russian Federation.
These are not the only regulations that will establish requirements for buildings and structures. The technical regulation “On fire safety”, a technical regulation “On the safety of elevators” is being developed. The task of the Ministry of Regional Development is to coordinate this process: when agreeing on such technical regulations, we look to ensure that their content in relation to buildings and structures does not contradict our technical regulations. It is quite possible that in the future the need for the development of additional technical regulations by the Ministry of Regional Development, for example, "On the safety of high-rise buildings" will become apparent. Time will show.
The second level of documents is documents in the field of standardization, national standards and codes of practice. These are documents of voluntary application, which are the evidence base for compliance with the mandatory requirements of technical regulations. Voluntary application means that designers, for example, can use them or not. In the first case, the state guarantees that the safety requirements that are laid down in the technical regulation will be ensured and it will exercise control over compliance with the requirements of the codes of practice and national standards in the process of state expertise, state building supervision during commissioning of the facility.
In fact, in the new system of technical regulation, without the development of sets of rules, the provisions of technical regulations will be difficult to implement. If in relation to technical regulations we can say that they establish “what must be ensured”, then in relation to sets of rules we say “how to do it”.
It must be said that the designer has the opportunity not to use the codes of practice, but to go, as they say, his own way, but then he will have to prove to the state authorities that the safety of construction and operation in the design solutions is ensured, which will be problematic.
The codes of practice will contain both their own technical standards and reference standards to third-level documents, that is, to building codes and regulations, PPB, SanPins, etc. And therein lies their close relationship. Speaking about the system of sets of rules, we assume that there will be six priority ones in accordance with the types of safety defined in the technical regulation "On the safety of buildings and structures." We conditionally call them general sets of rules. Then special sets of rules will be developed, for example, for individual residential buildings, according to complex engineering structures etc.
On slide 2 you can see what great job must be carried out in order to create an evidence base for one technical regulation. And only after that it will be possible to say that the minimum in terms of regulatory regulation has been created, which will allow all participants in the construction to actually design and build facilities.
Speaking about the updating of documents, it must be said that work is currently underway on 11 top-priority SNiPs, and we think that by the end of the year we will introduce them into new edition. This work is also slow, because documents in without fail one, two or more times are considered by the expert commission of the Ministry of Regional Development, respectively, there are comments, then they are eliminated, etc. Also issued and registered in the Ministry of Justice of Russia is the order of the ministry "On the procedure for the development and approval of special technical conditions ...". Work has now been organized to consider them, examine them and agree with the order. As of September 1, 2012, materials were received on 131 objects, special specifications for 57 objects.
Regulation of urban planning activities. In accordance with the Urban Planning Code of the Russian Federation, urban planning activities include territorial planning, urban zoning, territory planning, engineering surveys, design and construction of buildings and structures. This area can be conditionally divided into two blocks: the first is the regulation of the actions of public authorities at all levels in the preparation, coordination, approval and implementation of territorial planning documents, urban zoning and territory planning; the second is the regulation of the activities of economic entities - participants in the construction of engineering surveys, design and construction of buildings and structures.
I would like to dwell briefly on the first block. The main difference between this block of urban regulation and the sphere of technical regulation is that the issues included in its composition are regulated by public authorities of all levels. Moreover, the center of gravity here is shifted towards the constituent entities of the Russian Federation and local governments. An important rule that should help the authorities to implement the norms of the Town Planning Code of the Russian Federation in terms of the development of town planning documentation is, firstly, the mechanism for forcing public authorities to carry out urban planning activities by establishing responsibility for inactivity. Thus, in the absence of territorial planning documents, from January 1, 2010, it is not allowed to make decisions on reservation, withdrawal and transfer from one category to another. land plots belonging to private individuals for state or municipal needs. In the absence of rules for land use and development, from January 1, 2010, it is not allowed to provide private individuals with land plots for construction allocated from state and municipal lands.
Procedures for the preparation and provision of land plots for housing construction at auctions have also been introduced. Auction procedures should supersede the procedures for preliminary approval of construction sites.
In addition, a draft Federal Law “On Amendments to the Town Planning Code of the Russian Federation and Certain legislative acts” (adopted in the 1st reading), which introduces auction procedures for all land plots (not only for housing construction).
Finally, the institution of control over urban planning activities. This control should be exercised by the subjects over the activities of municipalities and the Ministry of Regional Development of Russia - over the activities of the subjects of the Russian Federation. All these measures should have improved the situation with the development of urban planning documentation, however, an analysis of activities in this area shows that not everything is in order here, primarily at the municipal level. In the coming years, at the regional and local levels, the tasks of preparing and approving programs for the development of local urban management systems (as part of regional programs); preparation and adoption of rules for land use and development; plans for the implementation of master plans, including integrated schemes for the development of engineering networks, priority projects(in conjunction with the volume and timing of financing the construction of priority facilities of local importance).
At the federal level, the following work has been carried out in this part: appropriate changes have been made to the Town Planning Code of the Russian Federation; a resolution of the Government of the Russian Federation on the procedure for coordinating territorial planning schemes was adopted; approved forms urban plan land plot, building permits, permits for putting objects into operation; a draft model law of a constituent entity of the Russian Federation on urban development was prepared; prepared guidelines on the development of rules for land use and development; approved the procedure for coordination by the Ministry of Regional Development of Russia of the structure of the executive authorities of the constituent entities of the Russian Federation in the field of control over urban planning activities carried out by local governments; the form for reporting on the progress of control by the constituent entities of the Russian Federation over urban planning activities carried out by local governments was approved. Not all issues, of course, have been resolved, not all the necessary regulatory legal acts accepted. At the same time, the main task is to develop schemes for territorial planning of the Russian Federation.
Now about the regulation of the activities of construction participants. Here the main role belongs to the federal level and, first of all, to the Ministry of Regional Development of Russia. In order to regulate the issues of engineering surveys, design, construction, the Ministry, together with other federal executive bodies, has done the following work: a government decree on the procedure for conducting engineering surveys for the construction of facilities has been prepared and approved; the procedure for the approval by the Ministry of Regional Development of Russia of the regulations of the constituent entities of the Russian Federation regarding the conduct of engineering surveys on their territories was approved, now it is being registered with the Ministry of Justice of Russia; approved by the government decree on the composition of the sections project documentation and the requirements for their content, amendments and additions are now being prepared in Resolution 87; prepared and are in agreement with federal bodies executive branch, two orders of the Ministry of Regional Development of Russia "On the procedure for organizing and implementing construction" and "On the procedure for the conservation of facilities capital construction»; a number of documents necessary for the functioning of the unified state examination of project documentation were adopted, the main of which is Resolution No. 145 “On the procedure for conducting state examination of project documentation”; a draft resolution of the Government of the Russian Federation “On the procedure for conducting a non-state examination of project documentation” has been prepared and is in the Government of the Russian Federation; a resolution of the Government of the Russian Federation on the procedure for conducting a unified state construction supervision was adopted, and also in its development a number of normative acts were adopted that regulate the implementation of state construction supervision. I would like to dwell on one more issue that directly regulates the activities of organizations conducting engineering surveys, design and construction organizations - this is the introduction of self-regulation in construction. Amendments to the Town Planning Code of the Russian Federation, which came into force on July 25, 2008, introduce this institution, eliminate state licensing of construction activities as an independent form of state regulation, introduce transition period from licensing to self-regulation. I would like to note that some of the provisions of this law have not been adopted in the version that we insisted on, and now there are numerous requests from organizations on exactly the same controversial issues: the size of the compensation fund; the minimum number of organizations required to acquire the status of a self-regulatory organization; validity period of previously obtained licenses.
The Ministry of Regional Development of Russia is very cautious about forecasts - it is very difficult to say now how this process will go. Will the state get an even more bureaucratic machine in the face of non-governmental organizations compared to state licensing, which was so much to complain about. “In any case, we will monitor this process and, based on the results of law enforcement, we will develop appropriate proposals. In this part, we are currently preparing lists of works in the field of engineering surveys, design and construction that affect the safety of capital construction facilities, and perhaps here we will be able to smooth out some points adopted law"- says the head of the Ministry of Regional Development of the Russian Federation Igor Slyunyaev.
Based on the research conducted in the first chapter, the following conclusions can be drawn:
Based on the many definitions considered, it can be argued that the modern Russian building complex is a set of structures of an institutional, economic and industrial type, characterized by economic, organizational, technical and technological interaction in obtaining the final result? production of building products.
The structure of the construction complex includes construction industry enterprises, construction organizations, enterprises of the building materials industry, assembly, contracting organizations, design and research institutes, design bureaus.
The system of management methods includes: administrative methods, which include legislative regulation; power-based regulation; organizational and economic methods.
Recent changes in federal law and reforms in the field of construction speak of the relevance of the issue of modernization and development of the construction complex in Russia and testify to its high role in increasing the sustainable development of the state. (APPENDIX A).
The legal basis for the activities of the construction complex is the following legislative and regulations: Federal Law “On Licensing Certain Types of Activities”, Federal Law “On Protection of Rights legal entities And individual entrepreneurs when exercising state control (supervision) and municipal control”, Urban Planning Code of the Russian Federation Land Code of the Russian Federation housing code RF Federal Law "On self-regulatory organizations”, Federal Law “On placing orders for the supply of goods, performance of work, provision of services for state and municipal needs”, Federal Law “On technical regulation”, Decree of the Government of the Russian Federation “On licensing activities in the field of design and construction”; Decree of the Government of the Russian Federation "On the procedure for organizing and conducting state examination of project documentation and engineering survey results", etc. These documents are intended to have a positive impact on the formation external environment building complex
Explanatory note to Checkpoint No. 3
Definition characteristic features market and planned economy in economic system
(establishment of the current percentage ratio between the market and the plan)
The answer to this question should be reduced to completing Table 1.
Table 1.
Primary data for determining the characteristic features of a market and planned economy in the economic system
| Industry | Share of the industry in the economic system, % of GDP | Share of employed in the industry out of the total number of employed in the economy, % | Presence of state regulation of the industry yes / no | Description of the current form of competition in the industry | |
| Agro-industrial complex | |||||
| Light industry | |||||
| Fuel and energy complex | |||||
| Chemical-forest and metallurgical complex | |||||
| Construction | |||||
| Machine building complex | |||||
| Military-industrial complex | |||||
| Transport and communications | |||||
| Other service industries |
Industry
The list of industries is formed based on the structure of the national economy of a particular economy. The list provided may not be complete. In progress control work You will have to form your list by industry based on the data on the economy.
The share of the industry in the economic system
Industry valuation in this case is done on the basis of the indicator "GDP by sectors (industries) of the economy". General logic: given data by volume country's GDP(taken as common for all industries) ® each industry produces a certain volume of products (also given in monetary terms) ® then we determine what percentage this part is in the country's total GDP, that is,% of GDP. This will determine exactly what place (in terms of scale) the industry occupies in the country's economy.
Dominant type of ownership
Since we are talking about assessing the relationship between the market and the plan, that is, how self-regulating (decentralized) or centralized the system is, we establish the relationship according to two forms of ownership: private and state. ONLY FOR THEM!!! No personal, intellectual or even public should be in the presentation, even if you can identify them in the course of describing the system (just leave them unattended).
How to find the ratio? Perhaps, by industry, it will be initially given percentage private and state property. Also, it is possible to indicate the percentage state enterprises(they operate on the basis of state ownership) in the total volume of enterprises in the industry (also taken as an equivalent percentage of state ownership).
Share of employed in the industry of the total number of employed in the economy
Most likely, the number of employees will be indicated in absolute numbers (that is, in thousands of people). In this case, the algorithm is as follows: if the total number of people employed in the economy is not initially given, then sum up all the absolute values by industry, that is, 100% of the employed ® calculate what percentage (share) in total strength is the number of employees in a particular industry ® after filling out the entire table, you will be able to understand which sector of the economy this or that industry belongs to, therefore, you can find out what share of employment falls on the private and public sectors® is one of the characteristics for the desired market-plan ratio.
The presence of industry regulation by the state
It is important to remember that state regulation can be divided into two types: direct and indirect. When answering this question in the table “yes”, it is necessary to indicate in brackets the type of regulation with an explanation. For example, yes (direct, 63% of demand in this industry is generated by government orders).
Direct impact methods imply such regulation by the state, in which the behavior economic entities based not on independent choice, but on clear instructions from the state. They assume direct subordination of enterprises to the state. Direct methods include: state order (if > 25% of the state order in the demand system, then the industry is already regulated), targeted programs, nationalization of the economy (expansion of state ownership), state property management and lawmaking.
INDUSTRY AND INTER-INDUSTRY COMPLEXES
V.D. Goncharov, S.V. Koteev, V.V. Rau
STATE REGULATION IN THE INDUSTRIES OF THE FOOD COMPLEX
The article deals with the issues of regulation of market processes in the food complex and its individual sectors. Some directions for increasing the efficiency and competitiveness of its functioning in modern conditions have been identified.
The global crisis phenomena of recent years have once again confirmed the relevance and necessity of developing effective mechanisms and models of state regulation of market processes both in the world and national economies, as well as in their largest and significant sectors. The experience of many developed and developing countries leads to the understanding that in the context of globalization, only a rational and scientifically based combination and complementarity of regulatory and market influences can ensure high and sustainable socio-economic efficiency and competitiveness of modern production.
The system of economic and organizational impact on the food market should include forms and methods of both direct and indirect state regulation, ensure the possibility of independent production and commercial activities of all parts of the agro-industrial complex, and increase their economic activity.
Methods of direct influence involve regulation by the state, in which economic entities are forced to come to decisions that are not based on independent economic choice, but on external prescriptions. As an example, let's name tax legislation, legal rules in the field of depreciation charges, budget procedures for public investment. Direct methods often have high efficiency due to the rapid achievement of economic results. However, they have a serious drawback - the creation of real obstacles to the market process.
Methods of indirect regulation are manifested in the fact that the state does not directly influence the economic decisions made by the subjects. It only creates the preconditions for the subjects to gravitate toward those options that correspond to the goals of the state economic policy when they make their own choice of economic decisions.
Predominantly, methods of state influence are carried out in relation to industries that are either strategically important or not effective enough in a market environment. Agriculture is one such sector. In other industries, demand and supply are mainly formed by the market, based on the actual situation, tax policy state, consumer income.
A set of measures to promote the development of the food market and ensure a balanced supply and demand should include:
Stimulating the production of domestic products through the use of tax regulators, loans, etc.;
Regulation of prices and tariffs;
Establishment of the state order for socially significant food products;
Development of wholesale food markets;
Improving the relationship of agricultural and food enterprises with trade;
Regulation of import and export;
Grants and social protection low-income segments of the population.
An important place in the economic mechanism of state regulation of the food complex is occupied by long- and medium-term forecasting and planning. However, questions strategic planning and forecasting in the agro-industrial complex of the Russian Federation is given insufficient attention. Previous shortcomings of the planning and distribution system are often automatically transferred to modern planning. In the context of the formation of a civilized food market, forecasting and planning, as functions of management activities, not only retain their place in the system of the economic mechanism, but also significantly expand the scope of their influence on agro-industrial production. At the same time, changes are taking place at all levels of management of the food complex. What principles should predictive and planned developments meet in modern conditions? First of all, it is necessary that they be predominantly recommendatory (indicative) in relation to domestic producers. At the same time, the latter should have the full right to choose those areas of their activity that are most effective in specific situation emerging in the food market. As a rule, agreement is reached within the framework of indicative procedures, in which the state develops and submits a comprehensive forecast of macroeconomic development for the near and long term. Indicative planning has long been successfully used in Japan, France, the Netherlands and a number of other countries, where it is part of the state socio-economic policy.
In order to get closer to practice, it is necessary that the macroeconomic forecast for the development of the agro-industrial complex, firstly, be a detailed and specific document in which appropriate inter-sectoral and national economic proportions should be fixed, and secondly, become a scientific basis for the development of specific economic agreements between the government and rural producers.
When developing predictive and analytical justifications, it is advisable to provide for the optimization of the territorial division of labor in the food complex, in which each region, based on the specifics of natural and economic conditions, produces mainly the most competitive products intended for sale in regional and world markets. The transition to a regulated economy also makes it necessary to supplement the content of the forecast for the development and distribution of the food complex with a justification of the volumes and dynamics of imports and interregional relations, which will improve the overall efficiency of its functioning in the country's national economy.
Into the regulatory system economic relations AIC includes financial, budgetary, credit, tax and price regulation. An example is France, where a rather strict regime of state regulation of prices has been partially preserved to this day. Methodological aspect of pricing
in developed countries is to develop government bodies general principles, methods and standards for setting prices. For example, in the case of state regulation of prices for dairy products in the United States, Congress determines the “fair” level of control prices for milk, butter, and cheese. If market prices fall below this level, the state buys the products and uses them for free breakfasts for schoolchildren, support for the poor, food aid underdeveloped countries, as well as export to other countries.
The reduction in food production in the Russian Federation in the 1990s, along with a significant increase consumer prices created favorable conditions for the influx of imported goods into the domestic domestic market. At the same time, it should be noted that the constant rise in prices for domestic products reduces their competitiveness not only in the external, but also in the domestic market. It would seem logical that, under the pressure of competition from foreign producers, prices should decrease. But they mostly grow. As a result, neither the population nor, ultimately, the budget wins.
The effectiveness of state policy in these conditions depends on a reasonable flexible and differentiated approach to the regulation and support of the food complex. During the transition period, state support should be selective, not leading to an imbalance in market mechanisms.
Thus, the state, with the help of economic levers, has a direct and indirect influence on the formation of the economic interests of the subjects of the agro-industrial complex. The general goal of state policy is to create a favorable economic, social, legal environment and organizational support for effective and sustainable development.
Let us consider some issues of state regulation on the example of one of the main areas of the food complex - the food industry.
Despite the accepted last years measures to improve the economy of this industry, its situation remains tense. The share of unprofitable enterprises in the production of food products, including beverages, increased from 19.2% in 1995 to 25.1% in 2008. The profitability of food production decreased over the same period from 16.3% to 10.8%. With the turnover of capital, a rather a difficult situation: Uncontrolled growth in imports and a significant reduction in agricultural production have led to a significant underutilization of production capacity. For example, in 2005, the production capacity for meat production was used only by 45%, whole-milk products - by 48%, rennet cheese - by 61%, flour - by 44%, cereals
30%, margarine products - 56%, animal oils - 27% (Table 1).
In recent years, the use of production capacities for a number of types of products has improved somewhat, but there are still significant reserves for increasing the output of food products at existing enterprises.
Against the backdrop of euphoria about the pace of economic growth in 2001-2008. For Russia, the problem of food imports remains acute. The lack of a clear mechanism for regulating industrial and agricultural production and product quality problems lead to the fact that with an increase in wages consumer demand is often increasingly shifting in favor of imported, more expensive, but high-quality products. And if the value of imports of food products and agricultural raw materials in 2000 amounted to 7.4 billion dollars, in 2001 - 9.2, in 2005 - 17.4, then in 2008 it increased to 35, 2 billion US dollars.
Table 1
Use of the average annual capacity of enterprises for the production of certain types of food products,%
Food products 1992 1995 2000 2005 2008
Granulated sugar from sugar beet 86 86 76 86 86
Bread and bakery products 61 44 40 39 41
Confectionery 61 46 50 62 65
Pasta 89 44 46 63 64
Vegetable oils 71 35 61 70 63
Margarine products 61 20 42 56 60
Beer 66 51 79 74 74
Soft drinks 19 17 37 59 54
Canned fruits and vegetables 51 21 32 66 54
Meat (in fresh weight) 57 32 18 45 58
Sausages 66 54 52 66 67
Canned meat 61 39 40 45 46
Animal butter 67 35 25 27 32
Whole milk products (in terms of milk) 41 24 32 48 54
Rennet cheeses 72 51 49 61 65
Canned milk 55 48 55 61 58
Flour 79 53 45 44 47
Groats 62 39 24 30 34
Source: .
Imported agricultural products from non-CIS countries receive significant state subsidies and, therefore, actively compete with domestic food products, the growth of production costs for which is catastrophic, and budget subsidies are chronically lacking. Drawing Russia into import dependence on food is fraught with an uncontrolled increase in prices in the future.
Russia imports significant amounts of raw sugar, vegetable oil, and corn. Special mention should be made of poultry meat. More than a million tons of it is imported into the country in some years. And this despite the fact that a rich domestic experience production of this type of meat, there are modern poultry farms and, with appropriate state support it would be possible to achieve full self-sufficiency in the near future (Table 2).
During the years of reforms, the import of raw sugar has increased sharply. The increase in the share of processed raw sugar in the total volume of sugar produced in the country, along with the apparent profitability of purchasing imported raw sugar (the production cycle of sugar factories is lengthening), has the following negative consequences. First, Russia falls into economic and food dependence on foreign countries. Secondly, uncontrolled import of raw sugar, leading to a reduction in the production of granulated sugar from domestic raw materials, entails economic and social losses (a sharp reduction in jobs in beet growing, seed production, processing, trade, etc.). Thirdly, even relatively low prices for raw sugar are an illusory advantage. If, under the conditions of increasing commodity intervention, beet sugar production in the Russian Federation is destroyed, exporting countries will sharply increase prices for granulated sugar and raw sugar at any moment.
However, in recent years, some positive changes have taken place in the country's food economy. A positive fact is, in particular, the improvement of the situation with the raw material base of the oil and fat industry. In the second half of the 90s of the last century, up to a third of the crop was exported from Russia
sunflower seeds. As a result, of all the leading exporters of oilseeds, only Russia carried out subsequent mass imports of vegetable oil. The capacities of enterprises for the production of vegetable oil were loaded, for example, in 1998 by 46%, in 1999 - by 48%. The measures taken by the Government of the Russian Federation made it possible to significantly reduce the export of oilseeds abroad. For example, in 2008, only 85 thousand tons of sunflower seeds, 48 thousand tons of rapeseed, 53.3 thousand tons of flax seeds were exported from Russia. At the same time, imports of sunflower oil alone to Russia decreased from 176.3 thousand tons in 2002 to 112 thousand tons in 2008. Therefore, further measures to reduce exports of raw materials and reduce imports of vegetable oil still need to be implemented.
table 2
Import of basic food products, thousand tons*
Products 2002 2005 2006 2007 2008
Fresh meat and frozen meat (excluding poultry) 1153 1340 1411 1489 1710
Fresh poultry meat and frozen 1383 1329 1283 1295 1224
Fresh and frozen fish 464 787 686 870 881
Condensed milk and cream 59.2 146 145 131 160
Butter and other milk fats 140 133 165 123 140
Potatoes 210 103 376 274 574
Tomatoes 182 355 418 560 685
Onion and garlic 454 543 578 658 503
Grapes 100 291 321 381 407
Apples 367 730 838 935 1064
Tea 166 180 173 182 182
Wheat 265 577 1397 465 179
Barley 171 252 188 273 132
Corn 449 201 295 93.5 362
Vegetable oils 1083 1002 848 956 1121
soybean 473 93.6 24.6 36.6 108
sunflower 176 131 100 132 112
palm 318 600 543 576 688
Raw sugar 4453 2893 2629 3413 2418
White sugar 483 625 350 296 165
Cocoa beans 70.7 68.6 68.6 68.6 60.1
Pasta 40.4 79.4 87.8 75.4 65.4
Coffee 25.8 39.7 55.6 64.6 75.5
* According to the data of the Federal Customs Service, taking into account the import of goods from the Republic of Belarus.
Source: .
Along with sub-sectors, which after 2000 began to focus more on the problems of food exports, there are sub-sectors in the food industry that have a pronounced import dependence. The classic example is the meat industry. Thus, in 2008, imports of meat and meat products increased to 3.2 million tons compared to 2.3 million tons in 1995. As a result, the share of imports in common resources increased in the industry from 25% in 1995 to 38% in 2008
Ensuring food security in Russia involves increasing the volume of domestic meat production with simultaneous import substitution of meat products. However, in practice, there is an increase in imports of meat and meat products with an increase in meat production in the country. Consequently, as the livestock industry emerges from the crisis in Russia, there is no adequate import substitution.
Thus, without modernizing the agricultural sector, the food and processing industry and increasing the competitiveness of the food industry,
As a result of the growth of consumer demand, changes in the supply structure in favor of imported food products may occur. A clear, financially secure strategy for the development of the country's agro-industrial complex is needed, which would increase food production and improve the standard of living of the population.
The demand for food products, unlike other consumer goods, is not so closely related to the income level of the population. With the help of market mechanisms alone, it is impossible to maintain the balance of supply and demand for certain types of food products and maintain the stability of the food supply of the population. Therefore, at the state level, the issue of regulating prices for certain types of food products should be resolved, taking into account the current situation on food markets in the regions of the country. In all developed countries, there are laws on prices, which, for a certain period and for a limited range, allow the state to effectively regulate them. A second option is also possible: to provide assistance to low-income segments of the population in the form of subsidies. On present stage this method is also quite logical: the gap in the incomes of various segments of the population is narrowing, which should generally help reduce social tension and increase demand for food products.
Credits and taxes are also the most important levers for regulating the food industry and the food sector as a whole. lacking working capital, processing enterprises regularly resort to loans. In general, food industry accounts payable at the end of 2008 amounted to 511.6 billion rubles, and accounts receivable - 350 billion rubles. Overdue accounts payable of food industry enterprises for this period amounted to 22 billion rubles, and overdue accounts receivable - 23 billion rubles. However, only a part of the industry's enterprises is able to guarantee the repayment of loans and pay interest on them.
One of the reasons for the unsatisfactory state of the industry's economy is high tax exemptions from commodity producers, which do not leave them at their disposal financial resources for the development and improvement of production. The unprofitability of some enterprises in the industry is largely a consequence of a significant tax burden.
The idea of tax cuts has many adherents in transition countries. Much depends on the specific situation. In the USA, reforming tax system ensured the transition from moderate to even more moderate taxation. In Russia, we are talking about the transfer of economic entities from the conditions of a heavy tax burden to a moderate one. However, in the agricultural sector and the food industry, this issue should be approached differently. It is necessary to be guided by the importance of the products produced for the nutrition of the population and the economic situation of the industry. It is hardly necessary to increase the pace of production, for example, beer. At the same time, it is necessary to increase the output of meat and dairy products, cereals, animal feed. Special mention should be made of mixed fodders. Without solving the problem with them, it is impossible to significantly increase the production of meat and dairy products in the near future. Therefore, just choosing priority areas it is possible to increase the efficiency of the functioning of the food complex as a whole.
During the transitional period, support for enterprises in the agricultural sector and the food industry is predominantly selective. The state supports those enterprises that have a higher return on investment
funds. The criterion for selective support is the total sales volume, profitability, the level of use of material resources.
An important task of state regulation of the agro-industrial complex is also to achieve and maintain parity in exchange relations between agriculture, processing industry and trade. The price disparity that emerged in the 1990s led to severe financial implications for the majority of rural producers and enterprises of the processing industry in a number of regions of the country. In this regard, it would be advisable for the main part of the additional income generated as a result of the liberalization of food prices to move from trade to the production and processing of agricultural products. At present, the share of the sphere of circulation, for example, for meat and dairy products ranges from 21 to 31.8% of the retail price (Table 3).
Table 3
Structure retail prices for certain types of meat and dairy products in 2008.
(on the end of the year), %
Type of product Cost of raw materials and basic materials Production costs, including business expenses Total cost per unit of output Profit loss (-) of industrial enterprises Value added tax (VAT), excise and other taxes Selling price with VAT and other taxes Fee for delivery of products to customers by the processing enterprise Turnover of the sphere of circulation, including VAT, accrued to organizations retail
Beef (excluding boneless meat) 51.7 9.1 60.8 3.1 6.7 70.6 2.5 26.9
Pork (excluding boneless meat) 50.9 7.0 57.9 3.8 6.2 67.9 0.3 31.8
Premium boiled sausage 45.3 14.7 60.0 7.7 7.9 75.6 0.2 24.2
Poultry meat 46.6 23.6 70.2 0.9 5.0 76.1 0.0 23.9
Pasteurized whole milk 41.4 24.8 66.2 4.3 7.1 77.6 0.5 21.9
Sour cream (15-20% fat) 38.9 23.2 62.1 6.7 7.1 75.9 0.4 23.7
Fat cottage cheese (at least 5% fat content) 39.2 20.2 59.4 7.1 6.7 73.2 0.3 26.5
Low-fat cottage cheese (less than 5% fat content) 36.6 209 57.5 6.6 6.3 70.4 0.4 29.2
Butter 60.7 19.3 80.0 -8.4 7.0 78.6 0.2 21.2
Rennet cheeses, hard and soft 42.1 18.6 60.7 2.8 5.8 69.3 0.0 30.7