Construction of state unitary enterprises as a form of separation of property of public entities

Abstract

The article examines the problems of the legal construction of state unitary enterprises and evaluates the contribution of Professor S. M. Korneev to its justification. The article reveals the history of the formation and the essence of the construction of a state enterprise based on the right of operational management (economic management) in domestic civil law. The disadvantages of this design are noted, consisting in the splitting of property rights for the same property between two entities (the state and the enterprise). The role of S. M. Korneev in substantiating the construction of the law of operational management is shown. The dual nature of the powers of the state in relation to the state-owned enterprises created by it is revealed, consisting not only of the property rights of the owner in relation to the property assigned to the enterprise, but also of organizational and managerial powers in relation to the enterprise itself as a legal entity. The reasons for the gradual abandonment of the construction of a state unitary enterprise based on the right of economic management in the present period are analyzed, among which are the loss of the importance of state ownership as the basis of economic relations, the shortcomings of the construction of the right of economic management itself, which is essentially a variation of “split property”, the need to develop competition. At the same time, the main reason for the “dying out” of the design of unitary enterprises is its replacement by the modern theory of corporate management relations that arise between the founder-owner and the unitary legal entity created by him (state enterprise). The conclusion is made about the meaninglessness of the powers of the state as the owner of the property of a state enterprise and about the performance of the corresponding functions by the “managerial” corporate powers of the state as the sole founder of a state legal entity.

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