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§ 3. Ways of perfection of administratively-legal regime natural monopolies.

The variety existing in sphere of functioning of administratively-legal regime natural monopolies of problems does not allow to be limited within the limits of the present work only to their transfer and the analysis.

Certainly, it would be desirable to result and certain reasons concerning possible ways of the decision of the specified problems. Thus the author of the given work, certainly, cannot apply and does not apply at all for laurels of the developer of a universal way of the permission of absolutely all questions arising in connection with state regulation of natural monopolies.

Meanwhile, the made analysis of a theoretical and actual material allows to draw certain conclusions concerning the general positive aspects of reforming of administratively-legal regime natural monopolies.

As the starting moment for a reasoning on ways of perfection of administratively-legal regime natural monopolies thought simple enough and obvious for today that the theory about possibility of automatic correlation public and private interests at the expense of the mechanism of self-regulation of market economy is absolutely insolvent, in our opinion, should serve. It means, that the state role in the given process of correlation should not is reduced to a role of the observer or «the night watchman».

It would seem, this reasoning is not anything new and, moreover, it is actively realised in our state at the expense of the broadest application of administrative resources in economic sphere. However natural monopolies as it will not seem strange, it is that rare situation when state regulation strengthening, up to realisation of the direct government by activity of subjects of natural monopolies, will be not only it is not harmful, but also substantially will go on advantage of social stability to Russia.

Let's give an example. As already it was mentioned above, one of elements of administratively-legal regime natural monopolies is standard fastening of a duty of subjects of natural monopolies to serve certain consumers irrespective of a condition of calculations for corresponding production of natural monopolies.

That is administratively-legal regime natural monopolies, statutory about natural monopolies and the certificates of the Government of the Russian Federation accepted according to it, in general provides regulation, for example, situations of wrongful switching-off of strategic objects from power supply. Thus for the specified consumers the corresponding order is based fees of natural monopolies on an establishment of guaranteed indemnification of corresponding expenses from the federal budget.

Thereupon the motivation of actions on switching-off of consumers from among military units is interesting. So, the Russian Open Society "United Power Systems" refers that owing to those or other reasons of a guarantee of the state in this case were not executed. As a result conditions of civil-law contracts on realisation of services by subjects of natural monopolies that put them before necessity of protection of the economic interests were roughly broken. Thus in each of episodes monopolists carefully weighed the actions, sorazmerjaja them with real scale of possible infringement of defensibility or interests of national safety. Therefore application prospects to them of administrative or criminally-legal sanctions appeared as a whole problematic.

It is represented, that the situations which have obviously shown lacks and weaknesses in this case took place

Administratively-legal regime natural monopolies. A question essence in the contradiction between civil-law contractual regulation of relations between suppliers of corresponding services - natural monopolists and their consumers which basic functions are rather far that are usually realised in civil circulation sphere, and are mainly in is administrative-political sphere of the government where the right administrative predominates. Thereupon it is represented, as the order of regulation of relations of subjects of natural MONOPOLIES C corresponding consumers of their services can and should be deduced from civil-law in administrative law sphere.

Let's note also the situation connected with defined in Law on natural monopolies by a method of regulation of activity of subjects of natural monopolies by definition of consumers, coming under to obligatory service, and (or) an establishment of a minimum level of their maintenance in case of impossibility of satisfaction in full requirements for the goods, made (realised) by the subject of natural monopoly, taking into account necessity of protection of the rights and legitimate interests of citizens, maintenance of safety of the state, wildlife management and cultural values (item 6). Realisation of this requirement, according to the item 8 Laws on natural monopolies, the order at which subjects of natural monopolies have not the right to refuse making contract with separate consumers on manufacture (realisation) of the goods in which relation regulation in conformity C is applied by the Law on natural monopolies assumes, at presence at the subject of natural monopoly of possibility to make to (realise) such goods.

Thus, compulsion of maintenance of separate consumers services in a being pours out in compulsion of the conclusion with them the civil-law contract realised according to the general requirements of the civil legislation only in insignificant degree by limited standard legal acts of bodies of regulation of natural monopolies. And as practice shows, frequently it it is not enough completely to exclude cases when monopolists owing to default of civil-law obligations by strategic consumers of their services take the answer-back measures, temporarily refusing in granting of the specified services. And until relations between them will not cease to be in the pure state civil-law, such situations basically remain potentially possible.

Thus it is necessary to mean and other circumstance: aspiring to toughening of a mode of natural monopolies concerning rendering of services to strategic consumers of production of natural monopolies, it is impossible to refuse and the general grazhdansko-right status of natural monopolists. Therefore speech can go only about state regulation and control perfection over activity of subjects of natural monopolies. Thereupon it is represented, that the problem could be solved by elimination of the organisations-intermediaries in a chain of calculations of the federal budget and monopolists. To make it it is possible, for example, by the conclusion of the special agreement (contract) between direct the Government of the Russian Federation and operating centres of natural monopolies about financing of corresponding strategic objects. Unilateral advantage of the executive authority regarding execution of the corresponding contracts, consisting in basic impossibility of refusal of monopolists from execution of the obligations should be thus established.

It is clear, that corresponding means of the federal budget should be excluded from total amount of budgetary financing of the corresponding ministries and departments.

Result of offered transformation it should become mainly administrative - and financially-legal regulation of relations between monopolists and the strategic consumers, mediated by authority and the power of the federal government.

Thus, conceptual position from which it is necessary to proceed by working out of measures on perfection of administratively-legal regime natural monopolies, consists that state regulation of natural monopolies should is under construction on the basis of a priority of an is administrative-legal method of regulation. Thus updating of is standard-legal base should be based on idea of essential restriction of civil-law mechanisms of legal regulation of mutual relations between subjects

Natural monopolies and consumers of production of natural monopolies.

Such statement that assumes civil-law norms and as a whole an optional method of legal regulation let relative, but equality of subjects of legal relations speaks. Meanwhile, as with evidence follows from the researches spent within the limits of the present work, a natural monopolist - the subject of legal relations possessing such enormous actual possibilities which completely exclude application concerning it any fiction of a formal equality before the law, and not only in civil-law, but it is frequent and in jural relations under administrative law.

From the specified reasoning follows, that mainly effective method of legal influence on natural monopolies with a view of reduction of their functioning in conformity with public interests, the method imperative, applied within the limits of the rigid regime organisation of activity of subjects of natural monopolies is.

It, certainly, does not mean, that is necessary completely ogosudarstvit spheres of natural monopolies as it completely would exclude possibility of natural demonopolization of such monopolies in long-term prospect. It also does not mean, that it is necessary to carry out the total control over each action made by natural monopolists. However in those areas where activity of subjects of natural monopolies can really be reflected in public interests affect political or social well-being of the state, it should is under the steadfast

Administrative supervision.

Let's notice, that strengthening of the state influence on spheres of natural monopolies assumes also the big responsibility of bodies of regulation of natural monopolies concerning efficiency of economic activities of subjects of natural monopolies. Operating subjects should be able accept the control over a situation in the hands and provide not only the fullest satisfaction of requirements of consumers of production of natural monopolies, but also profitableness of the most exclusive activity at the level necessary for realisation of technical perfection, re-equipment, improvement of quality of production of natural monopoly and increase in volumes of manufacture in conformity C with constant growth of a circle of potential consumers.

Thereupon perfection of administratively-legal regime natural monopolies directly is connected with

Necessity of global studying of a problematics of natural monopolies both in legal, and in economic, political and other aspects.

Bodies of regulation of natural monopolies in the activity should be guided, in particular, and scientifically developed recommendations of economists about increase of level of the government. The specified recommendations exist both in the systematised kind, and in the form of development forecasts, i.e. the information requiring the additional analysis and ordering.

It is obvious, what not all from the actions offered by economists can be realised. At the same time movement in the given direction will allow to generate necessary soil

For realisation of effective state regulation, and only in those spheres in which without it it is impossible to manage. It will bring indisputable benefits all: to consumers - in the form of the low prices; to the noncontrollable enterprises - in shape bolshej market liberalisations; to the adjustable enterprises - through an establishment of a stable mode of regulation,

Favouring to new investments and technical development.

As an example of system of economic recommendations concerning natural monopolies it is possible to result the following list of transformations in electric power industry, the gas industry, branches of communication and on a railway transportation which are necessary for carrying out with a view of the decision of problems of the is natural-exclusive spheres, developed by the economists working within the limits of the Program on natural monopolies of the Ministry of Economics of the Russian Federation, organised with the assistance of Center IRIS of Merilendsky university (USA) [177]:

• adjustable and noncontrollable kinds of activity should be separated from each other so, how much it is possible in existing economic, social and political conditions. Division of accounting accounts and balances is a minimal requirement, but creation of the independent enterprises for each kind of activity which would operate on the basis of open contract system can become the best decision of a problem.

First of all it is necessary to separate production functions from transport and distributive. It is necessary to allocate auxiliary kinds of activity (repair, building, mechanical engineering etc.) which though usually and have a specialised orientation, but can be carried out on competitive principles. In the same way it is necessary to transform the enterprises of a social infrastructure, to transfer them in the municipal property or to privatise [178];

• adjustable kinds of activity should be characterised by an openness and availability of the information to regulation bodies that will allow to establish the prices (tariffs) at level, high enough for maintenance of normal profitability and accordingly to involve new investments;

• potentially competitive segments of branches should be allocated and reorganised with a view of formation of the real competitive environment. So, in electric power industry should be formed independent diversifitsirovannye the companies which could compete directly in the wholesale market. In the field of international telecommunication already similar positive shifts now are observed. In the long term and in the gas industry also it is possible to generate the competitive environment;

• the competition can develop in the spheres specified above only in the event that regulating bodies create corresponding conditions. So, the open, having not discrimination character access to transport systems, and long-distance and international telephone operators - the open and equal access to common use networks is necessary for manufacturers of the electric power and natural gas. A problem of bodies of regulation is maintenance of such easy approach for all potential participants of the market. The procedures of licensing defining barriers to an input on the corresponding markets, also should be opened and not discrimination;

• the mechanism korporativnoaktsionernogo managements of the companies working in sphere of natural monopolies should be reconstructed. Now the federal government owns controlling interests, but frequently its role as proprietor is nominal, and the administration exercises administration of the enterprises without interests of the proprietor. In market economies holders of actions or their representatives, board of directors make solving impact on development of strategy of development of the enterprise. Such mechanism allows regulating bodies to participate in decision-making process through definition of the resolved price level (or rates of return on the invested capital). Low level korporativnoaktsionernogo managements reduces possibility of bodies of regulation to influence by behaviour of the enterprises.

Effective korporativno-joint-stock management assumes, that proprietors of the enterprises possess the big interest in orientation of management of the company on maximisation of profitableness and share capital size under existing conditions regulations. Certainly, privatisation makes certain impact on korporativno-joint-stock management. However both after full privatisation, and before its carrying out korporativno-joint-stock management can become more effective only under condition of attraction of strategic investors by means of sale or transfer to management of the big share holdings to those persons or the organisations who will be interested in the rigid control over work of managers.

Credit capital use also can lead to growth of efficiency of korporativno-joint-stock management as creditors will be interested in financial improvement of the enterprise;

• investment process is necessary for bringing into accord with market economy requirements. Almost in all branches of natural monopolies financing of investments is made mainly at the expense of growth of tariffs. Now branch investment and stabilisation funds are not an effective remedy of financing of investments and are frequently used irrationally. Tariff financing of investments should be sharply reduced, and the companies should be stimulated or even to be forced to use extra and the share capital;

• in all branches of natural monopolies the further perfection of the mechanism of pricing is necessary. In the gas industry of the price should be differentiated taking into account cost of delivery of natural gas in various regions. It is necessary to differentiate also on regions railroad rates, having ceased the centralised redistribution of incomes between railways. Cross subsidising of preferential users at the expense of the enterprises, applied in all branches of natural monopolies, should be ceased. Grants, which will be recognised by necessary (for example, for lower-income strata), should be given from federal or local budgets, instead of at the expense of others

Consumers of corresponding resources and services;

• it is necessary to liquidate the holding companies aimed at realisation of the administrative control at federal level and centralised redistribution of incomes and profits of the enterprises. The further development corresponding legal and institutsionalnyh conditions, and also regulation systems for this purpose is required;

• in all branches of natural monopolies it is necessary to reduce costs and to raise efficiency of managing for what to generate stimulus to reduction of excessive employment, and also to liquidation maloispolzuemyh and ineffective manufactures.

The specified system of measures is not universal and, probably, is not indisputable from the point of view of the economic theory. However its in itself existence testifies to presence of certain scientific potential for development of an optimum variant of reforming of is natural-exclusive sphere.

Certain interest from the economic point of view scientific forecasts of development estestvennomonopolnoj represent also spheres. So, experts of Institute of economy of the Russian Academy of Sciences of the Russian Federation [179] give the following forecast to the most favourable Russian economy of evolution of the largest subjects of federal natural monopolies, and, hence, and natural monopolies as a whole:

Open Society "Gazprom" (the most advanced from the point of view of organizational-economic development and integration into economic the corporation) in immediate prospects should harden the positions in the European markets and be prepared for scale expansion of its geoeconomic activity, penetration on non-European segments of the universal market. Thus within the limits of state regulation strategy gradual narrowing of scales of fiscal "donor service" from Open Society "Gazprom" should be carried out. The period of active "development" east and jugo - east directions, fastening of strategic positions in territory of the CIS Further should follow. Open Society "Gazprom" during the given period should focus attention on cooperation with the reviving Russian mechanical engineering, called to provide development of material base of corporation independent of external factors, its modernisation. Subsequently it is necessary to carry out structural modernisation of the company in a context of all-round state support of process of large-scale occurrence of this corporation in the world market.

The Russian Open Society "United Power Systems" finds out the tendency to transformation into transnational corporation in the development. At the first stage the problems connected with uncertainty of organizational-economic structure of the company come under to elimination. At the subsequent stage modernisation of financially - technical base of the company, transformation of last electric power into the powerful exporter is necessary. At the third stage of the Russian Open Society "United Power Systems" should become the transcontinental corporation actively participating in formation of the Euroasian market of the electric power.

The forecast of development of the Russian railways starts with necessity of their preservation as uniform national transport system. In the conditions of economic lifting of Ministry of Railways of Russia it is necessary to start modernisation of technical base and organi - zatsionno-economic structure of railways that is required for satisfaction of growing requirements of consumers of services of a railway transportation. At the subsequent stage the railway transportation will realise to the full potential of the national and transcontinental transport system playing the important role in integration processes within the limits of the CIS.

Thus railway transportation development contacts reform of forwarding activity which all over the world is exclusively profitable form of servicing. In the market of transport services operate more than two thousand forwarding firms. Their activity is characterised by a unilateral orientation on realisation only sales and freight resales, that is railroad rates for transportations. Thereof reception transportnoekspeditsionnyh services is actually substituted for use of the right to the discount given by Ministry of Railways of Russia to this or that forwarding agent or the consigner.

Besides economic workings out in the field of qualitative improvement of the maintenance of state regulation by spheres of natural monopolies in activity of bodies of regulation of natural monopolies foreign experience in sphere of reforming of concrete spheres comes under to the account also.

So, besides the electric power industry resulted above the all-European reform it is possible to address to experience of the Great Britain in the field of reforming of sphere of a railway transportation. The reform begun in 1993 starts with necessity of change of the institutes defining mutual relations of economic subjects in corresponding area, the uniform connected with presence

Networks. Changes are carried out in two directions:

• organizational division of a network and operations on its direct operation;

• initsiatsija a competition at the initial stage by the organisation of the auctions for the right to be a natural monopolist

As a result reforming should lead to allocation of the several functionally various subjects, one of which as the proprietor of a uniform network will bear the risk connected with the given status. Simultaneously for the right of operation of concrete sites of a network the companies applying for the status of operators should struggle.

In a context of the given general concept in the Great Britain actions for reforming of railways for following directions are realised:

• creation of the company owning all

Tracks and stations, but their not engaged operation;

• the organisation of the auctions for the realisation right

Passenger transportations;

• sale of the leasing companies - owners of the rolling stock intended for passenger transportations;

• sale of the enterprises occupied with freight traffic;

• sale of the other companies of railway branch.

Especial interest in a context of internal problems

Perfection of administratively-legal regime natural monopolies represents regional experience of state regulation of is natural-exclusive spheres of economy of regions and municipal unions, for example, in sphere of housing and communal services which is characterised by obvious signs of local natural monopoly. The account of this experience is necessary at least because in regulatory legal acts of subjects of the Russian Federation the information reflecting realities of the modern organisation of given local natural monopoly in various regions of the country is concentrated.

So, in the Kemerovo area it is accepted and the Law of the Kemerovo area «About housing and communal services of the Kemerovo area» (in edition from November, 2nd, 1998) [180] which, in particular, establishes forms and ways of the state quality assurance of service and regulation of activity of housing and communal services operates. The last is considered as a complex podotraslej, providing functioning of an engineering infrastructure, various buildings, the settlements, creating conveniences and comfort of residing at them of citizens by granting of wide sector by it housing - utilities.

By the named law also it is established, that the state and municipal management of region housing and communal services is carried out by the several authorised bodies, including regional state housing inspection which submits to the Main state housing inspection of the Russian Federation and area administration. Separate organizational and methodical functions, the control and coordination of activity of the housing-and-municipal enterprises can be charged to the special state unitary enterprise (read - to "a natural monopolist»). Regional management on housing and communal services development

Operates on the basis of the position approved by regional administration.

At municipal level management housing - with municipal services is provided with the local governments which are carrying out a wide range of functions.

As guarantees of protection of the rights of consumers housing - utilities necessity of granting of the services corresponding to requirements of standards, sanitary rules and norms, and also responsibility of executors for infringement of an order and conditions of rendering of the specified services is provided.

By the law of the Kaluga area «About protection of the rights of consumers of housing-and-municipal services in territory of the Kaluga area» from August, 20th, 1996 195 [181] with a view of level increase housing - public service of the citizens living in available housing of any pattern of ownership, are established:

• an order of the reference of citizens to the subject of rendering of services and the proprietor of available housing in connection with decrease in quality of housing-and-municipal services;

• an order of consideration of questions and elimination of the reasons of decrease in quality of housing-and-municipal services;

• possibility of decrease in payment of the given services at deterioration of their quality;

• the control over quality of rendered services;

• application of financial sanctions to the persons guilty of nonacceptance of measures on elimination of revealed infringements

Thus by the given certificate to number of housing-and-municipal services are carried:

• the centralised hot water supply, cold water supply and the water drain;

• gas supply;

• electrosupply;

• liftovoe service;

• dust cleaning, gathering and export of the firm and liquid household

Waste;

• capital and apartment house operating repair — its constructive elements and common use places;

• the maintenance of a roof, walls, the bases, garret and basements, the maintenance of places of common use;

• operation and repair of the engineering equipment and networks, including drainage;

• repair of heating furnaces and the centres for cooking;

• the maintenance pridomovoj territories;

• preparation of an apartment house for seasonal operation.

Besides, the law of the Kaluga area regulates

Admissible duration and order of elimination of decrease in quality of services, the sizes of decrease in a payment consumers. To powers of an executive office of local government by the law are carried working out, and a local government representative body - the statement:

• admissible duration of decrease in quality

Services;

• a mode of granting of services;

• the guaranteed degree of quality according to

Standards and taking into account local conditions of capacity, structure and deterioration

Fixed capital of municipal value;

• the list of deviations of quality of services and their admissible size.

The law of Krasnoyarsk region «About main principles of social protection of the population of edge in connection with reforming housing - municipal services from June, 22nd, 1998 197 solves some question, connected with an establishment of a marginal level of payments for housing-and-municipal services, granting to citizens of indemnification (grants) for payment of habitation and utilities. In territory of Krasnoyarsk region the marginal level of payments of the population for housing-and-municipal services is established to forty percent from economically proved charges, repair of habitation and utilities within social norm of the area of habitation and regarding the excessive area at a rate of no more than 10 sq. m on a family.

To edge local governments the right to raise level of payments of the population to 100 % of economically proved expenses on types of service is granted provided that level of payments of the population for housing-and-municipal services does not exceed obshchekraevoj a marginal level.

Specifications of economically proved charges, repair of habitation and utilities affirm local governments and are adjusted with a regional administration. The control over correctness of calculation of structure of expenses is made by committees on the control of the prices of local governments or on the basis of the audit spent Schetnoj by chamber of Krasnoyarsk region, other specialised auditor organisations by request of housing and communal services management

Regional administrations.

It is necessary to notice, that without attention of legislators of subjects of the Russian Federation there is no also a problem of ordering of norms about the natural monopolies, the legal base of administratively-legal regimes regional and local monopolies directed, in particular, on formation. It is clear, that such monopolies should be regulated at regional level at division of powers of public authorities of subjects of the Russian Federation and local governments in which conducting, by the way, there are including housing - municipal services. In particular, in Stavropol Territory it is accepted and the Law of Stavropol Territory from № «About local natural monopolies» [182] (further - the Law of Stavropol Territory) operates.

At bill level this certificate has been developed and approved by the State antimonopoly committee of the Russian Federation (pravopredshestvennikom MAP Russia) in February, 1999 as modelling, that is having recommendatory value for all subjects of the Russian Federation. However till now corresponding laws are not accepted in the majority of subjects of the Russian Federation though the problem of local natural monopolies not only exists, but also gets the increasing value. The proof to that is begun at the initiative of the President of the Russian Federation and heads of some subjects of the Russian Federation radical reforming of housing and communal services [183].

Within the limits of search of possible ways of perfection

In particular, at regional and local levels, it would be desirable to pay attention of standard base of administratively-legal regime natural monopolies to substantive provisions of the specified Law of Stavropol Territory.

According to item 2 of the Law of Stavropol Territory, under local natural monopoly it is understood a condition of the commodity market of Stavropol Territory at which the satisfaction of demand in this market is more effective for lack of a competition owing to technological features of manufacture (in communication C by essential fall of production costs on a commodity unit in process of increase in volume of manufacture), and the goods made by subjects of natural monopolies, cannot be replaced in consumption by other goods in this connection demand in the given commodity market on the goods made by subjects of local natural monopolies, to a lesser degree depends on change of the price for these goods, than demand for other kinds of the goods. As we see, the basic concepts are borrowed by composers of the project from norms of the Law on natural monopolies. Thereby composers of the project have avoided possible discrepancy of norms of federal and regional levels of legal regulation.

From the specified definition it is visible, that as the subject of natural monopoly the managing subject occupied with manufacture (realisation) of the goods in the commodity markets in the conditions of local natural monopoly acts.

Thereupon special interest represents the list of spheres of local natural monopolies, activity in which should be regulated by norms of the considered Law of Stavropol Territory. Item 3 of the Law of Stavropol Territory it is established, that activity of subjects of natural monopolies falls under operation of law in the spheres established by the Governor of Stavropol Territory. As the appendix to a bill of Stavropol Territory the approximate list of such spheres has been provided:

• manufacture electric and thermal energy and service in their transfer;

• gas transportation on gazoraspredelitelnym to networks;

• rail transportation in the suburban message;

• the services rendered by the enterprises of the industrial

Railway transportation on access roads;

• services of systems of water supply and the water drain;

• the services connected with the admission of motor transport and

Drivers to participation in traffic and services in delivery and replacement of special production;

• services in storage and grain processing;

• services on ekspedirovaniju and delivery of periodic printing editions;

• services in definition of quality of grain and products of its processing;

• services in a forestry;

• services in survey and spetsobsluzhivaniju

Lifts;

• services in fire-prevention works;

• services in technical inventory;

• services in sanitary-and-epidemiologic supervision;

• services in realisation to the population of fuel firm,

Fuel oven household and kerosene;

• extraction of mineral water and a medical dirt;

• services of road service stations in departure and in arrival of buses;

• services of private security regarding protection

Special places of storage;

• services of medical institutions in the medical

To survey;

• veterinarno-sanitary examination.

Attracts attention that fact, that the resulted list of spheres of natural monopolies numerically much more

More essentially the list resulted in item 4 of the Law on natural monopolies. Nevertheless there are all bases to believe, that the wide circulation of the status of natural monopoly is defensible from the point of view of the decision of local problems of regulation of natural monopolies in separately taken region. And it is clear, as fall of level of management inevitably multiplies and details the list of operated objects, and much from this, that at federal level could be considered in a uniform complex, at level of economy of separate region tends to a partition on a number of components. Nevertheless, it is necessary to mean, that in each concrete case the list of the local natural monopolies which are coming under to corresponding legislative regulation, should be rather accurately fulfilled from the point of view of correct distribution of terms of reference and powers between federation and the corresponding subject of federation. Otherwise there can be the collisions, which in itself are capable to bring to nothing effect from preservation in this or that area of managing of a condition of natural monopoly.

It is necessary to notice, that developers of the Law of Stavropol Territory

Have not disregarded this question, having specified in item 2 that the law extends on the relations arising in the commodity markets of Stavropol Territory in which subjects of local natural monopolies participate, consumers, federal enforcement authorities, enforcement authorities of Stavropol Territory and local governments on which operation of law about natural monopolies does not extend.

As to definition of subjects of natural monopolies item 3 of the Law of Stavropol Territory says that the law regulates activity of subjects of local natural monopolies in the spheres established by the Governor of Stavropol Territory. It is thus established, that in case of occurrence of possibility for competition development in the corresponding commodity market and (or) changes of character of the demand, the established list of fields of activity of subjects of local natural monopolies is reviewed by the Governor. However the expediency of investment with function of definition of spheres of natural monopolies of the higher official of Stavropol Territory - the Governor - is represented to the extremely doubtful. Natural monopolies as it was already repeatedly marked above, have the strongest tendency to degeneration in the state monopolies to that to no small degree can promote and a concentration in hands of the executive authority of competences not only by definition of the concrete managing subjects functioning in sphere of natural monopoly, but also by definition is direct spheres of natural monopolies.

It is not indisputable as well the list of prospective spheres of natural monopolies. Not all spheres can economically obosnovanno be carried to natural monopolies. For example, some spheres which are in direct conducting of state bodies here are carried to sphere of natural monopolies in the field of economic activities, we will tell the State inspection on safety of traffic of the Ministry of Internal Affairs of the Russian Federation or the State fire service. Whether are in general such spheres natural monopolies is first of all a question of definition of subjects of the given "natural" monopolies. If state bodies, instead of market structures created by them hardly it is possible to consider such position justified are those. Certainly, state bodies at the present stage carry out activity which, at first sight, could be characterised as rendering of services on a commercial basis. However actually it not so, and as a matter of fact - disputably enough also demands special, including the conceptual analysis, from administrative law positions.

Establishing a legal basis of functioning of administratively-legal regime local natural monopolies, the Law of Stavropol Territory has unequivocally defined the basic enforcement authority of Stavropol Territory which are carrying out regulation and the control of activity of subjects of local natural monopolies. In its quality the Committee on the prices and regulation of local natural monopolies of Stavropol Territory (further - Committee on the prices) should act. It is specified, that the given committee during realisation of the powers co-operates with federal enforcement authorities on regulation of natural monopolies and territorial bodies, and also with the territorial

Management of federal antimonopoly body across Stavropol Territory.

It is supposed, that such interaction federal and regional executive authority structures should have flexible enough character with use of toolkit of administrative contracts. For example, according to item 4 of the Law of Stavropol Territory in separate fields of activity of natural monopolies the committee on the prices can as to take up realisation of a part of powers of federal enforcement authorities on regulation of natural monopolies, and to transfer to them realisation of the on the basis of contracts.

The question on interaction of enforcement authorities of Stavropol Territory and local governments is not ignored also. Relations between them regarding questions of regulation of local natural monopolies in separate fields of activity also should is under construction on the basis of contracts.

If to try to state the integrated estimation to the scheme of interaction of power structures resulted above in the field of local natural monopolies it is necessary to underline, that in relation to federal act requirements about natural monopolies where the scheme of unitary management is mainly looked through, the Law of Stavropol Territory is constituted proceeding from the basic scheme of joint conducting. But even such estimation here is to a certain extent inexact, for developers of the Law of Stavropol Territory, in essence, have taken advantage of federal act position about the natural monopolies, given the exhaustive list of natural monopolies. Out of limits of this list the regional legislator, most likely, has decided to take the initiative on itself, having transformed

Interaction with the federal authority in gorizontalnoupravlencheskie contractual relations.

Basically such approach answers the approved concept of reforming, in particular, energicheskogo a country complex in which one of priorities is privatisation of separate components of the former monolith - the Russian Open Society "United Power Systems". However thus it is required to keep accurately scale of priorities and unity of those components of natural monopoly of federal level which cannot become sphere of the discretion of the regional legislator. For this purpose, most likely, поіребуются certificates of the federal legislation which, on the one hand, should guarantee, there where it is certainly necessary, leadership of the federal executive authority, and with another - to provide flexible management of those components of reformed monopoly which will fall in the competitive environment. The last, however, does not mean at all, that the competition in corresponding kinds of activity will widely develop at level of subjects of Federation where instead of the disappeared elements of federal monopoly it is possible occurrence of monopolies local.

C the points of view of a regulation of methods of regulation of natural monopolies, the regional legislator as a whole remained the adherent of the scheme, containing the Law on natural monopolies. The basic methods of regulation here again are:

• price, carried out by means of definition (establishment) of the prices (tariffs) either their marginal level, or other conditions limiting them;

• definition of consumers coming under to obligatory service, and (or) an establishment of a minimum level of their maintenance in case of impossibility of satisfaction in full requirements for the goods, made (realised) by the subject of local natural monopoly, taking into account necessity of protection of the rights and legitimate interests of citizens, maintenance of safety of the state, wildlife management and cultural values.

In turn, subjects of local natural monopolies have not the right to refuse making contract with separate consumers on manufacture (realisation) of the goods if, of course, they are capable to make it.

Besides, subjects of local natural monopolies are obliged to represent to Committee on the prices current reports on the activity and projects of plans of capital investments. As to other enforcement authorities of Stavropol Territory and the local governments which decisions infringe on interests of subjects of local natural monopolies and their consumers they come under to the obligatory coordination with Committee on the prices.

The considered project provides an establishment of the special status of Committee on the prices and its separate officials. So, the chairman of Committee on the prices is appointed the Governor of Stavropol Territory with the consent of the State Duma of Stavropol Territory. Members of board of Committee on the prices who are appointed the Government of Stavropol Territory for not less than to four years have the special status also. Since fifth year, replacement to one third of total of members of board is annually carried out. Thus the member of board can be ahead of schedule discharged of a post only judicially in case of fulfilment of a crime by it, or infringements of the analyzed law, or special disability.

Both members of board, and other workers of Committee on the prices not only have not the right to get and own actions (shares) of joint-stock companies and associations in which relation they carry out regulation, but also cannot occupy supervising posts in subjects of natural monopolies within three years after dismissal from Committee on the prices and board secession.

On analogies to the Law on natural monopolies, the Law of Stavropol Territory provides, that Committee on the prices:

• leads the Register of subjects of local natural monopolies in which relation state regulation and the control is carried out;

• defines regulation methods, statutory Stavropol Territory, with reference to the concrete subject of local natural monopolies;

• supervises within the competence observance of requirements of the Law of Stavropol Territory;

• makes when due hereunder offers on perfection of the legislation of Stavropol Territory about local natural monopolies.

Decisions of committee for them are obligatory, that is supported by measures of administrative responsibility concerning corresponding legal bodies.

By the law of Stavropol Territory it is provided, that workers of Committee on the prices have the right of an unimpeded access to the information on activity of subjects of local natural monopolies as directly, and as reclamation of corresponding data. The committee on the prices operates publicly. Annually it should publish the report on the activity in

Parts of regulation of local natural monopolies.

The considerable part of the Law of Stavropol Territory is devoted measures of responsibility of subjects and objects of state regulation of local natural monopolies for the infringements admitted in sphere, regulated by the given law. The list of corresponding measures is rather detailed and for certain can serve as model for legislative regulation of local natural monopolies in other subjects of the Russian Federation.

Concluding the analysis of model of regulation of the local natural monopolies, presented to the Law of Stavropol Territory, it would be desirable to underline specially, that process of reforming of existing natural monopolies getting acceleration is simultaneously and the precondition of formation of local natural monopolies. According to their nature regulation of activity of corresponding subjects all in bolshej to a measure will fall on level of subjects of federation and local governments. From here a special urgency of a considered problem and the appeared experience of its decision.

Owing to limitation of a circle of objects of regulation of the Law on natural monopolies such approach demands special fastening at level of the federal legislation by an establishment of corresponding powers of authorities of subjects of federation and local governments. Besides, we believe rather useful the initiative of the federal ministry of an antimonopoly policy, the recommendatory law which has developed the project «About local natural monopolies» which could be widely used in normotvorchestve regional and local authorities.

It is thought, that perfection is administrative-legal

Mode of natural monopolies on the basis of the account ukazann§h reasons quite really in immediate prospects. However realisation of actions in the field of the analysis of various experience and ordering of the information will demand certain material inputs on legal and economic scientifically - research activity in the field of natural monopolies.

Generalising reasons concerning ways of perfection of administratively-legal regime natural monopolies, we will specify in following positions:

1. World practice at the present stage starts with position about an idea inconsistency about sufficiency of self-control of economic sphere of a society without the state updating of certain processes. In this connection the state role essentially increases in management of economic mechanisms, including in sphere of natural monopolies.

2. In this sense in the course of legal regulation of natural monopolies it is expedient to place emphasis not on civil-law (optional), and on administrative - (fonansovo-) legal, that is an imperative method of regulation of relations in sphere of natural monopolies, including relations between subjects of natural monopolies and separate consumers of production made by them.

Thus, certainly, it is not necessary to refuse from grazhdansko - a legal status of subjects of natural monopolies, but it is necessary to take steps on strengthening of administrative and control competences of bodies of regulation of natural monopolies.

3. Strengthening of the state influence on spheres of natural monopolies assumes increase in responsibility of bodies of regulation of natural monopolies concerning efficiency of economic activities of subjects estestvenn§h monopolies and completeness of satisfaction of requirements for production of natural monopolists.

4. A basis of perfection of administratively-legal regime natural monopolies the exclusive attention from controls as natural monopolies to scientific workings out in the field of natural monopolies, including economic should serve.

5. In the course of formation of concepts of state regulation of natural monopolies it is necessary to give certain attention to experience of legal regulation of natural monopolies and reforming of concrete spheres of the natural monopolies, saved up in foreign countries.

6. Special interest in a context of the federal device of the Russian Federation represents experience of the regional legislation of subjects of the Russian Federation in the field of the is natural-exclusive spheres having local value. It is interesting not only experience of legal fastening of separate elements of administratively-legal regimes local natural monopolies in regulatory legal acts of subjects of the Russian Federation, but also experience of ordering of norms, attempts of an establishment of legal bases of administratively-legal regime local natural monopolies at regional level.

7. The account of the specified recommendations assumes realisation of large-scale research work in legal and economic areas about the analysis of various experience and development of conceptual decisions in the field of regulation of natural monopolies.

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A source: NELGOVSKY IGOR EVGENEVICH. is administrative-LEGAL REGULATION of the MODE of NATURAL MONOPOLIES In the RUSSIAN FEDERATION. The dissertation on scientific degree competition Doctors of juridical science. Moscow 2004. 2004

More on topic § 3. Ways of perfection of administratively-legal regime natural monopolies.:

  1. Chapter 3. Problems and ways of perfection of administratively-legal regime natural monopolies.
  2. § 1. Problems of functioning of administratively-legal regime natural monopolies.
  3. § 1. A mode of natural monopolies as a version administratively-legal regime.
  4. Chapter 2. Concept and the maintenance of administratively-legal regime natural monopolies.
  5. § 2. The maintenance is administrative-legal regime Natural monopolies.
  6. § 2. Features of formation it is administrative Legal regime of natural monopolies at regional level.
  7. 3.1. The basic directions of perfection of the state control and regulation of activity of subjects of natural monopolies in region.
  8. § 3. Features it is administrative-legal regimes in Separate spheres of natural monopolies.
  9. Chapter 3. Perfection of the organizational-economic mechanism of state regulation in industrial branches of natural monopolies at regional level
  10. § 3. Historical aspect of legal regulation of natural monopolies.
  11. FEATURES OF MANAGEMENT OF THE STATE OWNERSHIP IN SPHERE OF NATURAL MONOPOLIES.
  12. 6.4.2. Reform of natural monopolies