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Concept and sources of legal regulation of privatisation of the state and municipal property

Strengthening of legal bases of the state and public life, legality in our country - the major condition of high-grade development of the Russian society, the precondition of construction legal государства.1

After the lapse of more than ten years from the moment of the beginning of radical transformations of relations of the property in privatisation sphere there was a situation demanding the judgement for definition of strategy of the further carrying out of reforms.

Processes of privatisation have not rendered due positive influence on manufacture stabilisation, level of investment activity, great bulk financial condition населения.2 For this reason necessity of continuation of realisation of privatisation, demonopolization and financial stabilisation as preconditions of transition from according to plan-distributive system to a market economy by some авторами3 is called in question. Those researchers who addressing to privatisation history, underline, that the purpose of transformation of the communal property in the private adhere to the similar point of view also

! See: Vojakin D.V.realisation and protection of the rights of creditors of the legal bodies recognised as insolvent (bankrupts): diss.... kand. jurid. Sciences/D.V. Vojakin.-Krasnodar, 2006. - With. 16.

2 See: Kamyshansky of privatisation of the state both municipal enterprises and its efficiency: diss.... kand. jurid. Sciences / V.P.Kamyshansky, - St.-Petersburg, 1994. - With. 3.

3 See: SHupyro V.Privatizatsionnyj process and management of a state ownership / V.Shupyro//the Russian economic magazine. - 1997. - № 11-12; Kulikov d about change of privatisation model / V.Kulikov//the Russian economic magazine. - 1996. - № 5-6; Simeons G.Ekonomicheskie transformations to the Russian region / G.Semenov, A.Bogdanova, A.Glushkov, etc.//the Russian economic magazine. - 1996. - № 8.

15 never was national economy development where privatisation was spent, at least economy preservation. On the contrary, as realisation of the accelerated violent privatisation in colonies, and privatisation in those or other countries of Europe were accompanied by economic decline of all country and ruin local населения1.

Other researchers specify that state ownership sale for the present remains the important source of replenishment of the budget, but on the foreground there is a problem of turn of process of privatisation in a channel of structural reorganisation of economy.

The success of privatisation, its rates and quality appreciably depend on efficiency of legal regulation of alienation of the state and municipal property in the property physical and legal лиц.3

Formation and development of legal regulation of relations of privatisation represents difficult and inconsistent process to Russia.

The law of the USSR from July, 01st, 1991 № 2278-1 «About fundamental principles of privatisation and privatisation of the enterprises» 4 (further - the Law of the USSR 1991) established, that privatisation is acquisition in the property of citizens and the legal bodies of the enterprises which are in a state ownership created by them, and publicly owned actions (shares) of joint-stock companies, other economic societies and associations (item 1 of the Law of the USSR 1991г.).

In item 1 the Law on privatisation of 1991 privatisation was understood as acquisition by citizens, joint-stock companies (associations) at the state and local Councils of People's Deputies in a private property of the enterprises, shops, manufactures, sites, others

1 See; Lavele EL. The bases of political economy. - m, 1895. - With. 55-57. Vasilchenko E.Gosudarstvo says goodbye to the property / E.Vasilchenko//the Russian newspaper. - 2002, - on February, 8th; Gurvich V.Terroristy have knocked down privatisation / V.Gurvich//the Russian newspaper. - 2002. - on October, 30th. In the same place. 4 joint ventures of the USSR. - 1991. - № 32. - item 904.

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Divisions of these enterprises allocated in the independent enterprises; the equipment, buildings, constructions, licences, patents and other material and non-material actives of the enterprises (the bodies operating and liquidated under the decision, competent to make such decisions on behalf of the proprietor); a share (shares, actions) the state and local Councils of People's Deputies in the capital of joint-stock companies (associations); shares belonging to the privatised enterprises (shares, actions) in the capital of other joint-stock companies (associations), and also joint ventures, commercial banks, associations, concerns, the unions and other associations of the enterprises.

PS РФ1 has devoted to questions of privatisation a number of norms (item 217, item 2 of item 235 GK the Russian Federation) from which maintenance it is possible to draw a conclusion, that privatisation is understood as alienation (transfer) under the decision of the proprietor, in an order provided by laws on privatisation, the property which is in the state or municipal property in the property of citizens and legal bodies.

The law on privatisation of 1997 in item 1 has established, that as privatisation of the state and municipal property is understood vozmezdnoe alienation being in the property of the Russian Federation, subjects of the Russian Federation or property municipal unions (objects of privatisation) in the property physical and legal bodies.

The current Law on privatisation of 2001 practically one in one has reproduced privatisation definition given in the Law on privatisation of 1997

Thus, in development of standard definition of concept of privatisation it is possible to allocate at least two essential moments.

The Russian Federation. Laws. The Civil code of the Russian Federation. CH I: feder. The law from November, 30th, 1994 № 51-FZ (red. 21.07.2005)//Sobr. zak-va the Russian Federation. - 1994. - №32.-Ст. 3301.

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The first on what it is necessary to pay attention, it that unlike the Law of the USSR 1991 and the Law on privatisation of 1991 the subsequent legislative decisions provide exclusively vozmezdnoe alienation of the state and municipal property. This rule in the Law on privatisation of 2001 is made a principle (item 2 of item 2 of the Law of 2002).

The instructions in item 1 item, 2 Laws on privatisation of 2001 on vozmezdnost privatisations have the general character, and meeting cases of gratuitous alienation of the state and municipal property are an exception of the given rule In this connection fastening in item 2 of item 3 of the Law on privatisation of 2001 of group of relations on which operation of law about privatisation of 2001 does not extend can be considered, how use of a tehniko-legal mode of an exception and, in particular, the category of the exhaustive list providing achievement of the big degree of accuracy in regulation of relations of privatisation. So as an exception of the general rule, privatisation of the state and municipal available housing of social use which represents free transfer to the property of citizens of the Russian Federation on a voluntary basis of premises occupied with them in the state and municipal available housing can be considered. To the relations arising at alienation of the state and municipal available housing, the special legal regulation which is carried out by other federal acts and standard legal acts accepted according to them is devoted.

Secondly, as GK the Russian Federation, and the Law on privatisation of 1997, the Law on privatisation of 2001 have not apprehended unsuccessful construction of a definition of privatisation which was in the Law on privatisation of 1991 and which differed detailed transfer of privatised state and municipal property. Instead in the Law on privatisation of 2001 it is spoken about property privatisation. Concept of property

18 the Russian Federation reveals in item 128 GK. Therefore the Law on privatisation of 2001 contains a definition of privatisation which is characterised by more successful definition of object of privatisation in comparison with its definition by the given Law on privatisation of 1991

The period between the Law on privatisation of 1991 and the Law on privatisation of 1997 - can be defined, how transition «from state ownership distribution to trade in it».1

The understanding of privatisation is not settled by only one interpretation of considered concept of the standard legal act. In domestic and foreign economic and legal theories, study of a definition of privatisation, its perfection till now is carried out. It is necessary to notice, that at subconscious level privatisation is identified «with formation of a private property institution by-formation of new system of relations between economic agents concerning assignment of conditions and results of their activity».2

In approaches to definition of concept "privatisation" there is unity in countries of Western Europe, no United States Америки.3

In the USA privatisation interpret as «strategy and the methods, having the purpose transfer (transformation) of system of manufacture or system of maintenance of social needs from the governmental (state) bodies to a private sector» 4.

The Canadian scientists specify that privatisation is not only transfer of material means, systems of manufacture and maintenance from the state companies to private corporations and persons, but also process

N.M.process's kites of privatisation in Russia. Legal regulation methodology / N.M.kite. - Nizhni Novgorod: NJUI the Ministry of Internal Affairs of Russia, 1998. - With. 32.

Ustjuzhanina E.V. "Other" private property: privatisation in Russian / E.V.Ustjuzhanina//the Economic science of modern Russia. - 2001. - № 2. - with. 74.

Kamyshansky of privatisation of the state both municipal enterprises and its efficiency: diss.... kand. jurid. Sciences / V.P.Kamyshansky, - St.-Petersburg, 1994.-with. 15.

4 Marchenkos M.Privatizatsija: And how at "them"? / M.Marchenko//the Person and the law.-1992. - №4-5.-С. 71.

19 «strengthenings of a role of the market at the expense of easing of system of state regulation» l.

English authors speak about privatisation as about state ownership transformation in private, негосударственную.2

In the legal theory of the European countries the term industrial privatisation by which it is quite often designated is used: sale of the state enterprises to citizens and legal bodies, sale of a part of actions to the enterprises being the property of the state or supervised by it, sale of the branches belonging to the state enterprises. To it last years new private capital investments in the state enterprise, the enterprise repayment their director or workers, аренда.4 were added reorganisation of components of firms, publicly owned,

In Russia, by consideration of questions of transition of property from the state, municipal property in the property physical and legal bodies, it is accepted to speak about "privatisation", "kommertsializatsii" and "privatisations". Not going into subtleties of scientific discussion about differentiation of concepts of privatisation and kommertsializatsii and correctness of their use in the theory and on практике5 we will notice, that to us definition of concepts is closer

In the same place. 2 in the same place. Kamyshansky V.P.Ukaz. soch. - with. 16.

4 In the same place.

5 See: N.M.process's Kites of privatisation in Russia. Legal regulation methodology / N.M.kite. - Nizhni Novgorod: NJUI the Ministry of Internal Affairs of Russia, 1998; Kulikov d about change of privatisation model / V.Kulikov//the Russian economic magazine. - 1996. - № 5/6; Martemjanov B.C. The economic right. Volume I. General provisions: the Course of lectures / B.C. Martemjanov. - M: Izd. - in BEK, 1994; domestic experience of privatisation of the large industrial enterprises / V.D.Gazman, M.G.Glushkov, N.JU.Kravchenko, etc.; under the editorship of T.L.popovoj and V.D.Gazmana; the international fund of assistance of privatisation and to foreign investments. The privatisation centre. - M: the Finance and statistics, 1992; Ostrenkov L.G.change of the owner. All about privatisation / L.G.Ostrenkov. - Tver, 1992.

20 "privatisation" and "kommertsializatsii" which has been given in due time V.P.Kamyshanskim.

Accordingly (concept the widest in comparison with kommertsializatsiej and privatisation) we will understand as privatisation «elimination of monopoly of the state on the property at the initial stage of a radical economic reform... Replacements of directive planning and administration managerial control... An economy on state regulation by economic methods...> L Privatization is considered here as a synonym of the term economy liberalisation. Its essence, as is known, in removal of the state restrictions from economy. When speak about"shock therapy", have in view of, first of all, liberalisation. Liberalisation includes liquidation of restrictions on creation and functioning of private enterprises, refusal of the control over the prices, from restrictions in foreign trade, introduction of convertibility of currency, a withdrawal from the control for percentage ставками.3

Kommertsializatsija represents reorganisation of the state and municipal enterprises by allocation from their structure of structural units and granting of corporate franchises by it without change of forms собственности.4

One of forms used in the course of economy privatisation was so-called "kontsernomatsija" 5. This phenomenon in an economic and legal life of the Russian society represented activity on creation of concerns, associations and other large associations of the enterprises, investment with their imperious powers on management of the state-owned property, establishment, reorganisation and

' Kamyshansky V.P.Ukaz. soch. - with. 21. See: Beljaev E.V.transformation: at each country a unique way / E.V.Beljaev//

3 See: Baltserovich L.Sotsializm, capitalism, transformation. Sketches on a boundary of epoch of/l. Baltserovich. - Moscow, the Science-URAO, 1999. - With. 189 - 190.

4 In the same place. - with. 22.

5 Ustjuzhanina E.V. "Other" private property: privatisation in Russian / E.V.Ustjuzhanina//the Economic science of modern Russia. - 2001. - № 2. - with. 83.

21 liquidations of state enterprises, appointment of their heads etc. Created in territory of RSFSR in infringement operating законодательства1, such concerns, associations, corporations and other associations of the enterprises, carried out imperious functions in relation to entering into these associations of the enterprise, including for the order their property, acted as lessors of the state enterprises, gave obligatory instructions for execution.

Having established the maintenance of concepts "privatisation" and "kommertsializatsija", it is necessary to consider in more details concept "privatisation" from a position of the Russian legal and economic science.

Theoretical approaches to understanding of privatisation are various, that is connected with an ambiguous estimation of procedure and privatisation consequences, is a consequence of complexity and mnogoaspektnosti the given phenomenon.

In the Russian science it is developed two basic approaches to understanding of privatisation: social and economic and legal. It is necessary to notice, however, that privatisation can be considered as with political, commercial, psychological and other points зрения.3

From the point of view of the social and economic approach it is possible to speak about wide and narrow concept приватизации.4 Privatization in the broad sense of the word «the majority of scientists it is treated as long-term state strategy, a state policy directed on reduction

1 See: Decision VS RSFSR from 11.10.1991 № 1737-1 «About streamlining of creation and activity of associations, concerns, corporations and other associations of the enterprises in territory of RSFSR»//Sheets SND and VS RSFSR. - 1991. - № 43. - item 1373.

2 See: Dubets E.K.problem of state-owned property privatisation: avtoref. diss kand. jurid. Sciences / E.K.Dubets. - Volgograd, 2005. - With. 14.

3 See: White B.C. Privatisation of the state and municipal enterprises in the Russian Federation: economic-legal questions / B.C. White//the State and the right. - 1996. - № 10. - with. 69.

4 See: Radygin A.D.reform of the property in Russia: on a way from the past in the future / A.D.Radygin. - M: republic, 1994; N.M.process's Kites of privatisation in Russia. Legal regulation methodology / N.M.kite. - Nizhni Novgorod: NJUI the Ministry of Internal Affairs of Russia, 1998.

22 regulations of economy by the state ».1 In the second case privatisation are reduced to simple transformation of objects of a state ownership to objects of other forms собственности.2

Within the limits of the social and economic approach two basic types of privatisation are allocated.

The first type of privatisation associates with structural reorganisation of relations of the property within an existing social and economic structure: «within the limits of already existing rynochno-competitive environment at presence (domination) of a private sector and during forward evolutionary development of economy».3

The second type of privatisation is connected with disintegration of world socialist system, is more true with the system transformations which have begun in it to economy of the former socialist countries, first of all in Russia and in the countries East Европы.4 the Basic maintenance of this process was constituted by transition from command (planned) system of managing to the system based on market principles of managing (management decentralisation, a private property, a competition etc.). 5

From a position of jurisprudence privatisation, according to N.M.Korshunova, «is set« extraordinary »the control facilities the state and municipal property used by the state in the national purposes when usual control facilities become inefficient» 6.

1 Dubets. E.K.decree. soch. - with. 14.

2 In the same place.

Radygin And. To the privatisation theory in transitive economy / A.Radygin//economy Questions. - 1995. - № 12. - with. 56.

N.M.decree's 4 Kites. soch. - with. 20.

5 In the same place.

6 In the same place. - with. 59.

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V.M.Ignatov speaks about privatisation, as about full or partial conveyance of property on the capital certain physical and legal лицам.1

Privatisation is considered by V.P.Kamyshanskim as process which «represents the organised and purposeful activity on transfer of objects of the state and municipal property to a private property of citizens and the legal bodies, carried out under the decision and at direct participation of special bodies of the state and local government in certain terms, in established an order and forms».

It is thus noticed, that one of features of the Russian scheme of privatisation is it этапность.3 In this connection discriminate following stages:

- Excitation of privatisation process;

- Decision-making on privatisation;

- Preparation for privatisation;

- The privatisation transaction;

- Execution of the privatisation obligation.

A.I.Bibikov understands privatisation as transformation of the state and collective property by means of acquisition of this property by citizens or not state organisations in the private and collective form private собственности.5

From the presented definitions of privatisation which are the most widespread in the scientific legal literature, it is visible, that

Ignatov V.M.Privatizatsija of a state ownership in the Russian Federation: legal regulation problems: avtoref. diss.... kand. jurid. Sciences / V.M.Ignatov. - Moscow. - 2002. - with. 11.

Kamyshansky of privatisation of the state both municipal enterprises and its efficiency: avtoref. diss.... kand. jurid. Sciences / V.P.Kamyshansky. - St.-Petersburg, 1994. - With. 12.

3 There zhe.-with. 11.

N.M.decree's 4 Kites. soch. - with. 81-86.

5 Bibikov A.I.legal of a problem of realisation of a state ownership / A.I.Bibikov. - Ivanovo, 1992. - With. 87.

24 despite some distinctions, key in understanding of privatisation are two moments.

First, privatisation associates with change of the state, municipal patterns of ownership with a private pattern of ownership.

Secondly, privatisation is considered as process, a kind of activity of the authorised bodies, and activity structurally organised, having specific stages.

Owing to that the named qualities of privatisation are accepted by various authors as essential and for this reason join in definition of privatisation, they demand independent consideration.

According to item 1 of item 212 PS the Russian Federations in the Russian Federation admit private, state, municipal and other patterns of ownership. This formulation as marks K.I.Sklovsky, «has generated a problem of the patterns of ownership which existence far is not obvious».

The problem, possibly, is reduced to the following: «what parity of the property and a pattern of ownership...».

E.A.Sukhanov explains a legislative phenomenon of "patterns of ownership" as the economic concept which is not attracting distinctions in the maintenance of the property right and consequently legally незначимое.3 In its opinion, patterns of ownership are synonyms individual, collective and state присвоения.4

Sklovsky K.I.propert in civil law: Ucheb.-prakt. posob. - 3 izd. / K.I.Sklovsky. - M: Business, 2002. - With. 159.

2 In the same place. - with. 161.

3 Comment of a part of the Russian Federation first the Civil code. - M: Spark, 1995.-with. 273.

4 See: Sukhanov E.A.lecture about the property right / E.A.Sukhanov. - M, 1991. - With, 44; Civil law: Studies. In 2 t. T. 1 / Otv. re. E.A.Sukhanov. - M, 1998. - With. 480-481.

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According to V.A.Dozortseva it would be wrong to speak about any distinctions in the maintenance of the property right or restrictions of the property right depending on forms собственности.1

Thereupon, L.V.ShChennikova writes, that «... From a position of civil law there is no pattern of ownership, and there are various subjects of this right».

These sights are resisted by the point of view, that patterns of ownership are not only economic, but also simultaneously legally a significant category as are fixed constitutional and civil законодательством.3

It is necessary to notice, that absence of clearness in understanding and appointment of a category the pattern of ownership in the operating civil legislation allows to create such innovative legal designs which are capable to deform all system законодательства.4

So V.I.Kruss has suggested to create the form of "the privatisation property», motivating it that «by privatisation the private property cannot arise». Thus the author has not taken care of giving reason for such radical statement.

This and others примеры5 testify to requirement of delineation of is standard fixed category "pattern of ownership" first of all in the theory.

If to start with representations about the property right as a consequence of such integral qualities of the person, as freedom and free will having general character, that, according to K.I.Sklovsky, inadmissible

1 Dozortsev V. A. Basic lines of the property right in the Civil code / V.A.Dozortsev//JUrid. The world. - 1997. - № 8. - with. 30-31.

2 SHCHennikova L.V.real right in civil law of Russia / L.V.ShChennikova. - M, 1996.-With. 24.

'S 3 Fishermen about types, forms and property kinds in Russia: methodological aspects of the property right (a scientific sketch) / Under nauch. red. Prof. V.A.Tarhova. - M: Publishing group "Lawyer", 2004. - With. 38.

4 Sklovsky K.I.propert in civil law: Ucheb.-prakt. posob. - 3 izd. / K.I.Sklovsky. - M: business, 2002. - With. 160.

5 See: Ivanov V.Kollektivnaja the community property / V.Ivanov//the Law. - 1996. - №5.-С. 119.

26 there is a various scale of this right at different people and, hence, possibility of different forms of the rights, including forms собственности.1 Therefore, according to the author, at indisputable inadmissibility of distinctions in the property right physical and legal bodies, interpretation of a pattern of ownership in sense of presence of distinctions in the content of rights state, municipal and a private property comprises danger of frustration of legal system. Thus, the author starts with uniform model of the property right.

All jurists adhere to this point of view, however, not. It has supporters and opponents.

So, V.I.Sinajsky wrote: «It is impossible to approve, that in the civil circulation there is any uniform property right. Such in the civil circulation is not present and cannot be».3

JU.K.Tolstoy on the contrary speaks about the uniform property right, but acting in various legal forms which, nevertheless, are not reduced to patterns of ownership as economic категории.4

We stand on that position, that in spite of the fact that in item 2 of item 209 PS the Russian Federation, as a matter of fact, is fixed uniform model of the property right, use of this or that order of regulation of relations of the property predetermines features of acquisition and the termination of the property right to property, realisation of proprietary rights constituting the maintenance of the granted right.

In this connection, used in GK the Russian Federation a category the pattern of ownership urged to reflect those or other features of acquisition, the termination and realisation of the property right depending on that:

Sklovsky K.I.decree soch. - With. 162.

2 There zhe.-with. 164.

3 Sinai V.I.Russkoe civil law / V.I.Sinajsky. - M. 5 2002. - With. 206.

4 See: Civil law: Studies. 6 izd. / under the editorship of A.P.Sergeeva, JU.K.Tolstoy. - M. 2002. T. 1.-S.412.

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- Whether there is a property in the property of the citizen, the legal person, in the property of the Russian Federation, the subject of the Russian Federation or municipal образования1;

- What kinds of property constitute the property legal object.

By consideration of last circumstance it quite often is a question of «an object mode», however «only reduced verbal designation of an order of the regulation expressed in character and volume of the rights in relation to object (to those or other natural objects, state-owned property kinds, the earth etc.)». 2

With reference to privatisation relations this postulate should mean, that the category a pattern of ownership can be used for a designation of a mode of object and the subject to which at present the property belongs on the property right, whether it be the state, municipal union, or physical and legal bodies.

The specific subject structure, is more exact than feature of a legal status of the proprietor of property in which quality the state acts, municipal union - that sign which distinguishes privatisation from usual contractual practice physical and legal bodies on alienation of property belonging to them. This sign predetermines also specificity of legal regulation of relations of privatisation with it the special legal regime of considered relations is connected.

The legal regime in the most general lines can be defined, how an order of regulation which is expressed in a diverse complex of the legal means characterising a special combination of permissions co-operating among themselves, interdictions, and also positive objazyvany (ways

1 As show researches, transition of the property rights from one subject to another within the limits of various patterns of ownership leads to that legal possibilities of the assignee and pravopredshestvennika in relation to transferred property far do not coincide (Sm: Lomidze O. G, Pravonadelenie in the civil legislation of Russia / O.G.Lomidze. - SPb., 2003. - with. 74-75).

2 Alexeys S.S.decree. soch. - with. 374.

28 legal regulations) and creating a special orientation регулирования.1 Within the limits of each legal regime always participate all the ways long legal regulation. But in each mode - and it in many respects defines its specificity - one of ways, as a rule, represents itself as a dominant, defining weigh its shape and a creating specific spirit in регулировании.2

However, in what this specificity?

Earlier the attention that the second essential moment in privatisation definition is the statement that privatisation is process, a kind of activity of state governing bodies, and activity structurally organised, carried out in a statutory order and forms was paid.

The analysis of the privatisation legislation testifies that activity of governing bodies, and also (physical and legal bodies) at different stages of privatisation has other subjects of privatisation not homogeneous character that gives the bases to believe about its possible organisation with use of various models of legal regulation.

In theory of law two models of legal regulation discriminate: the First model — dozvolitelnoe or optional construction of a legal material. Its essence consists that possibility most is given to the person, the will to define own behaviour that opens open space for actions of the person at own discretion. The logic scheme of this model - the right + legal guarantees.

The second model - obliging, imperative construction of a legal material. Its essence - in maintenance of organisation, a strict order in

1 There zhe.-with. 373.

2 In the same place.

3 There zhe.-with. 382.

29 lives of a society, in mutual relations of people. The logic scheme of the given model - the legal duty + legal ответственность.1

Taking into account the models of construction of a legal material developed by science of law, taking into consideration that feature of privatisation in Russia is it "etapnost", participation on the party of the proprietor of public formations, and also heterogeneity of relations of privatisation, defensible to consider privatisation relations about what model of legal regulation (optional — private-law, or imperative - public) is used on advantage at those or other stages of privatisation, and also efficiency of used model.

At the task in view decision it is necessary to proceed, first of all, from specificity of public relations of the state on transfer state and municipal property in a private property which the right influences. These public relations constitute a subject of legal regulation of the privatisation legislation.

Thus as a direct subject of legal regulation the strong-willed behaviour of participants privatisation отношений.2 acts

In development of relations of privatisation it is possible to designate following stages:

1. Planning of privatisation of the state and municipal property:

- Working out prognoznogo the plan (program) of privatisation

- The statement of the plan (program) of privatisation;

2. Preparation for privatisation.

3. The privatisation transaction.

4. Postprivatization obligations.

1 There zhe.-with. 383. See: Alexeys S.S.right: the alphabet - the theory - philosophy: Experience of complex research. - M: "Statute", 1999. - With. 376.

zo

According to item 1 of item 8 of the Law on privatisation of 2001 privatisation planning is carried out according to the basic directions of internal policy of the Russian Federation, defined by President РФ1, and also programs of social and economic development of the Russian Federation, accepted by the Government of the Russian Federation.

Working out prognoznogo the plan (program) of privatisation is carried out now according to the governmental order of the Russian Federation from December, 26th, 2005 № 806 «About the statement of rules of working out prognoznogo the plan (program) of privatisation of federal property and modification of rules of preparation and decision-making on conditions of privatisation of federal property» 3 (further - working out Rules prognoznogo the privatisation plan). To execute the named governmental order of the Russian Federation the project prognoznogo the plan (program) of privatisation of federal property for corresponding year prepares Federal agency on management of federal property (further-agency). During preparation of the project of the program of privatisation the Agency not later than May, 20th directs to the federal agencies which are carrying out in the established field of activity of function on management by the state-owned property, and in other carrying out specified functions federal enforcement authorities lists of the federal state unitary enterprises subordinated to them, and also the open joint-stock companies which are carrying out activity in corresponding sphere, and other property, coming under to inclusion in the program project, for the coordination when due hereunder. Not later than June, 30th the adjusted project of the program is represented Agency in the Ministry

See: the Message of the President of the Russian Federation to Federal assembly from April, 25th, 2005//Dews. Gas. - 2005. - on April, 26th. - № 86.

2См.: the Russian Federation. The government. About the program of social and economic development of the Russian Federation on intermediate term prospect (2002-2004): the order of the Government of Dews. Federations from July, 10th, 2001 № 910-r (red. From 06.06.2002)//Sobr. zak-va the Russian Federation. - 2001. - № 31. - item 3295.

3 Sobr. zak-va the Russian Federation. - 2006. - № 1. - item 150.

31 economic developments and trade of the Russian Federation with the appendix of extracts from the register of federal property and other documents which list is defined by the specified ministry. Not later than July, 15th the Ministry of economic development and trade of the Russian Federation represents adjusted with Federal antimonopoly service and the Ministry of Finance of the Russian Federation the program project to the Government of the Russian Federation when due hereunder for consideration at session of the Government of the Russian Federation.

Besides points of order of the Rule of working out prognoznogo the privatisation plan define the maintenance and structure prognoznogo the plan (program) of privatisation of federal property for the next fiscal year.

Not later than August, 25th the Government of the Russian Federation approves prognoznyj the plan (program). According to item 3 of item 8 of the Law on privatisation of 2001 approved by the Government of the Russian Federation prognoznyj the plan (program) of privatisation of federal property goes to the State Duma of Federal assembly of the Russian Federation simultaneously with the draught federal law about the federal budget for the next fiscal year as a part of materials applied on it and documents.

It is necessary to notice, that the Law on privatisation of 2001 does not contain rules defining an order of consideration by the State Duma prognoznogo the plan (program) of privatisation of federal property approved by the Government of the Russian Federation and the importance of such consideration. Therefore from the point of view of real, direct influence of representative (legislative) body on the maintenance of it arhivazhnogo for economy of all country of the document it is necessary to establish full elimination of Federal assembly of the Russian Federation from participation in privatisation process. Thereupon representation on consideration to representative (legislative) body of the plan (program) of privatisation of federal property has more likely fact-finding, information character not connected with any consequences for

32 Governments of the Russian Federation in case of disagreement of Federal assembly of the Russian Federation with the maintenance of the plan (program) of privatisation.

In view of the special importance of privatisation of federal property for a national economy as a whole, now has ripened requirement to enter process of privatisation of the state-owned property in a legislative channel. Privatisation should find legitimate character, being is provided by direct supervising influence from representative (legislative) public authority at a stage of acceptance of the plan (program) of privatisation. In this sense, it is necessary to make changes to the existing method of adoption (statements) of the program of privatisation of the state-owned property. For this purpose it is necessary to keep power enforcement authorities on preparation of the project of the plan (program) of privatisation including, carrying out of the coordination concerning inclusion of the federal state unitary enterprises, and also open joint-stock companies and other property in the program project. The exclusive right of acceptance of the plan (program) of privatisation of federal property to assign to the State Duma of Federal assembly of the Russian Federation which annually on representation by the Government of the Russian Federation of the project of the plan (program) of privatisation of federal property, having considered it when due hereunder accepts the Federal act about the plan (program) of privatisation of federal property for the next fiscal year. The project of the plan (program) of privatisation of federal property should be submitted to State Duma consideration simultaneously with the draught federal law about the federal budget for the next fiscal year. Such decision urged to provide the control of body of the legislative (representative) power over the order with a state ownership and to serve one of the main political preconditions of division and equation of executive and legislative branches

33 governments and effective action of rules of law regulating privatisation relations.

According to the Law on privatisation of 2001 (item 3 of item 14 of the Law on privatisation of 2001) One of statement consequences prognoznogo the plan (program) of privatisation is the beginning of action of a special mode of activity of the unitary enterprise. This mode is characterised by that the unitary enterprise has not the right without the consent of the proprietor to make certain legal acts: to reduce number of workers of the specified unitary enterprise; To make transactions (some the interconnected transactions) which price exceeds 5 percent of the book value of actives of the named unitary enterprise for date of the statement of its last balance sheet or more than in fifty thousand times the minimum wage rate established by the federal act exceeds, and also transactions (some the interconnected transactions), the alienations connected with possibility expressly or by implication the property which cost exceeds 5 percent of the book value of actives of the named unitary enterprise for date of the statement of its last balance sheet or more than in fifty thousand times are exceeded by the minimum wage rate established by the federal act; to receive credits; to carry out securities issue; to act as the founder of economic associations or societies, and also to get and alienate actions (share) in authorised (skladochnom) the capital of economic associations or societies.

Approved prognoznyj the plan (program) of privatisation of federal property is the basis for decision-making on conditions of privatisation of federal property. According to subitem 7 of item 1 of item 6 of the Law on privatisation of 2001, and also item 6 of Rules of preparation and decision-making on conditions of privatisation of federal property, 1

The Russian Federation. The government. About the statement of rules of preparation and decision-making on conditions of privatisation of federal property: the decision

- 34 decisions on conditions of privatisation of federal property are accepted according to prognoznym by the plan (program) of privatisation of federal property the Government of the Russian Federation, Federal agency on management of federal property or on the instructions of Agency - its territorial bodies, In item 2 of item 14 of the Law on privatisation of 2001 is fixed what data should to contain in the decision on conditions of privatisation of federal property. The made decisions come under to publication when due hereunder in official publications (item 1 of item 15 of the Law on privatisation of 2001).

So, such stages of privatisation as planning of privatisation and preparation for privatisation contain signs of activity of enforcement authorities which its characteristics as correspond to administrative activity, administrative process. That is such activity which represents set of the interconnected actions of controls directed on alienation of the public property in the property private. Administrative process here appears at us as process of achievement of the is standard-established purposes of management by means of legal, organizational and other means of administrative influence, is constantly carried out administrative activity with the interconnected elements, 1 At the designated stages of privatisation activity of controls has unilateral, imperious, imperative character. Relations differ a strict subordination, and their imperative regulation is substantially detailed, detailed, sated. It is reached thanks to obliging model of legal regulation at which regulation is from top to bottom carried out on the imperiously-imperative beginnings providing organisation and a strict order in a life of a society, in mutual relations of people. In this sense

The governments of Dews. Federations from July, 15th, 2002 (red. From 26.12.2005) № 512//Sobr. zak-va the Russian Federation. - 2002. - № 28. - item 2868.

Tikhomirov JU.A.course of administrative law and process. - M, 1998. - With. 714.

35 privatisation relations constitute regulation sphere mainly the public law. Norms of the public law fix on the one hand the subject maintenance of activity of operating subjects, and with another corrected fulfilment administrative действий.1 From the point of view of the subject maintenance of administrative privatisation activity it is possible to speak about the competence of the President of the Russian Federation, the Government of the Russian Federation, other enforcement authorities, the competence of specialised bodies, municipal controls as participants of imperious relations of the state on alienation state and municipal property in a private property.

In this part for the characteristic of relations of privatisation the position of the Constitutional Court of the Russian Federation which has found the expression in Definitions from June, 15th, 1999 № 64-0 will be fair and from November, 5th, 2003 № 403 2 This position consists that the regulation the federal act of an order and conditions of privatisation of the state and municipal property is caused first of all by that such relations have mainly public character.

In a place with that, advantage of public regulation finds out itself not at all stages of privatisation. According to the Constitutional Court of the Russian Federation, «at least from the moment of decision-making on property privatisation, by preparation and making contract of the purchase of-sale, including with the conditions provided by the federal act about privatisation, in sphere of the specified relations norms of civil law», 3 operate also

1 See: Tikhomirov JU.A.decree. soch. - with. 715.

2 Dews. Gas. - 2004. - on January, 14th. - № 2.

3 See: Definition of the Constitutional Court of the Russian Federation from 04.10.2001 № 203 «About refusal in taking cognizance of inquiry of Council of People's Deputies of the Kemerovo area about check of constitutionality of point 7 of article 15 of the Federal act« About privatisation of the state-owned property and about bases of privatisation of municipal property in the Russian Federation »//the Bulletin of the Constitutional Court of the Russian Federation. - № 2. - 2002.

36

In our opinion, somewhat having strengthened a legal position of the Constitutional Court of the Russian Federation, it is possible to approve, what exactly from a stage «the privatisation transaction», up to execution of the privatisation obligation begins legal regulation of privatisation relations by mainly private-law norms.

At these stages of privatisation of the relation with participation of the state in the name of the authorised bodies are characterised by equality of the parties. In this sense of the rights M.I.Braginsky who, speaking about participation of the state in civil relations, underlined necessity of legal equality of subjects. «Entering civil property relations, the state submits to the mode established by it. It finds the display in the following: first, in what form similar participation, in civil-law property relations the state always would be carried out should represent itself as imushchestvenno the isolated subject and, secondly, the state should participate always in civil-law property relations as to equal other party the subject».1

At a stage of the privatisation transaction participation of the authorised bodies on the party of the proprietor of the state and municipal property is expressed in fulfilment of legal acts directly directed on conveyance of property on alienated property to its buyers. These relations of the parties are made out, as a rule, by the property contract of purchase.

The given stage is characterised, as a rule, by the termination of the right of a state ownership on certain property with occurrence on it the property rights at physical and legal bodies. Transfer of the state both municipal property and registration

Braginsky M. I. Participation of the Soviet state in civil matters of/m. I.Braginsky. TH, 1981.-with. 16.

37 property rights to it are carried out according to the legislation of the Russian Federation and the contract of purchase.

The stage of the postprivatization obligation takes place not in all cases of privatisation and is connected:

- With necessity of encumbrance of alienated state or municipal property corresponding restrictions, statutory 2001 about privatisation or other federal acts, and the public easement. Restrictions can be: 1) a duty to use the state as privatisation state or municipal property on certain appointment, including objects of welfare and household appointment; 2) a duty to contain the property not included in structure of the privatised property complex of the unitary enterprise and connected on the technical characteristics, the location (for objects of the real estate), to appointment with the privatised property; 3) a duty to contain objects of a civil defence, objects of welfare and household appointment, property of mobilisation appointment; 3) other duties provided by the federal act or in an order established by it.

- With features of privatisation of separate objects of the state and municipal property (privatisation of objects of a cultural heritage).

So, heterogeneity of privatisation relations causes feature of their legal regulation, consisting that it combines elements of public and private-law influence on subjects of privatisation relations. The parity between public and private-law influence on privatisation relations is that, that advantage of one of them finds out in itself at different stages of privatisation. At stages of planning and preparation for privatisation

38 state and municipal properties advantage of public regulation is obvious, while at stages of the privatisation transaction and the postprivatization obligation primary value has private-law regulation of privatisation relations. Therefore for complete perception of privatisation not only as tool of economic transformations but also as legal phenomenon it is necessary to consider both named moments in legal regulation. At the same time for civil law in concept of privatisation privatisation definition as vozmezdnogo alienations of the property which is in the public property in the property physical and (or) legal bodies, that is, as specific basis of occurrence and property right termination is key.

Features of the termination and occurrence of the property right as a result of privatisation find the reflexion in system special standard juridical acts regulating privatisation relations which in aggregate represent sources of legal regulation of privatisation of the state and municipal property.

In theory of law it is accepted to understand as sources of law proceeding from the state or officially documentary ways of expression recognised as it and fastening of rules of law, giving by it legal, obligatory значения.1 This definition is fair and for understanding of sources of legal regulation of privatisation of the state and municipal property.

In the present work such kind of sources of law, as standard juridical acts - containing legal rules the diplomas accepted when due hereunder and is considered

1 Alexeys S.S.right; the alphabet - the theory - philosophy: Experience of complex research / S.S.Alexey. - M: "Statute", 1999. With. 77.

39 directed on regulation of relations of privatisation of the state and municipal property. The complete system of the interconnected regulatory legal acts located in hierarchical sequence regulating the relations of privatisation of public property forms the legislation (in a broad sense) about privatisation of the state and municipal property.

In the legal literature the system of rules of law regulating privatisation relations, has been named by N.M.Korshunovym the complex interbranch legal institution. Thus norms of the given institute regulate procedure of privatisation which unites elements of administrative activity with elements is administrative-remedial, civil-law, grazhdansko-remedial, etc. kinds деятельности.2

Under the N.M.Korshunova's remark, undertaken attempts to open the maintenance of interbranch complex institutes as associations raznootraslevyh groups of the legal instructions keeping the branch accessory, 3 stumble on an axiom underlying such approach - the legal system breaks up to branches on which legal institutions are dispersed, that is the legal institution cannot exist out of branch права.4 the Legal institution as S.S.Alexey testifies, - «it is divisions of legal rules in branches» 5.

The system of rules of law regulating privatisation relations can be presented as the institute of civil law containing norms of private-legal and public character, which

1 See: N.M.process's Kites of privatisation in Russia. Legal regulation methodology / N.M.kite. - Nizhni Novgorod: NJUI the Ministry of Internal Affairs of Russia, 1998. With. 69.

2Там. See: Osipov. JU.K.jurisdiction of legal affairs / JU.K.Osipov.-Sverdlovsk, 1973.-with. 81.

N.M.decree's 4 Kites. soch. - with. 70

5 Problems of theory of state and law: the Textbook / Under the editorship of S.S.Alekseeva. - M: JUrid. Lighted., 1987. - with. 214.

40 are in various standard juridical acts. Such vision of system of legal regulation of privatisation relations corresponds data of the qualifier of legal acts according to which the legislation on privatisation is carried to section of the civil legislation.

Not in all states there is a special legislation on privatisation. For example, in Belgium there is no special legislation on privatisation. The government accepts special decisions and orders concerning everyone privatised предприятия.2

In Canada opposite, privatisation was regulated by the special legislation which as a whole had the general character, leaving the government large powers concerning methods and procedure приватизации.3

In Russia all file of the standard legal acts regulating privatisation relations can be classified:

On a validity:

At federal level:

1. The constitution Russian Федерации.4 In particular, in ch. 2 items 8 of the Constitution of the Russian Federation are fixed, that in the Russian Federation admit and protected similarly private, state, municipal and other patterns of ownership. On regulation of relations of privatisation item 9 item, 71, 72, 76 Constitutions of the Russian Federation are directed also.

2. Federal constitutional laws. In conformity the Federal constitutional law from December, 17th, 1997 № 2-FKZ «About

See: the Russian Federation. The president. About the qualifier of legal acts: the decree of the President Рос. Federations from March, 15th, 2000 № 511 (in red. From October, 5th 2002 g,)//Sobr. zak-va the Russian Federation. - 2000. - № 12.-Item 1260; 2002. - № 40. - Item 3935.

S.E.postprivatization's 2 Brewers development of the enterprises, complexes, branches / S.E. Brewers. - SPb.: Peter, 2004. - With. 27.

3 There zhe.-with. 30.

4 Russian Federation. The constitution (1993). The constitution of the Russian Federation//Dews. Gas. - 1993. - on December, 25th. - № 197.

The government of the Russian Federation »1 (further - FKZ About the Government of the Russian Federation), the Government of the Russian Federation exercises administration of the federal property (item 14 FKZ About the Government of the Russian Federation), considers projects of programs of privatisation of the federal property (item 28 FKZ About the Government of the Russian Federation).

3. The Civil code of the Russian Federation. According to item 217 GK the Russian Federation the property which is in the state or municipal property, can be transferred to the possession its proprietor of citizens and legal bodies in an order, statutory about privatisation of the state and municipal property. The constitutional Court of the Russian Federation has specified, that norms GK the Russian Federation are applied subsidiarno to federal acts about privatisation, 2

4. Federal acts. The law on privatisation of 2001 has established, that regarding norms about privatisation of the state and municipal property it has the big validity, than other federal acts forming the legislation of the Russian Federation about privatisation. In case of absence of corresponding norms of the Law on privatisation of 2001 at alienation of the state and municipal property norms of the civil legislation (item 4 of item 3 of the Law on privatisation of 2001) are applied. Besides, it is necessary to have in view of, that the relations arising at alienation of objects of item 3 specified in item 2 of the Law on privatisation on 2001 are regulated by other federal acts. So, as those can be named the Law on available housing privatisation - concerning alienation of the state and municipal available housing, the Federal act from December, 29th, 1994

1 Sobr. zak-va the Russian Federation. - 1997. - № 51. - item 5712.

2 See: the Decision of the Constitutional Court of the Russian Federation from July, 25th 2001 g, № 12-P «On business about check of constitutionality of point 7 of article 21 of the Federal act« About privatisation of the state-owned property and about bases of privatisation of municipal property in the Russian Federation »in connection with inquiry of the Supreme Arbitration Court of the Russian Federation»//Sobr. zak-va the Russian Federation. - 2001. - № 32. - item 3411.

42 № 79-FZ «About the state material reserve» 1 - concerning alienation of the state reserve and other laws.

5. Other standard legal acts of the Russian Federation,

Which are accepted according to the Law on privatisation of 2001 To them, in particular, concern:

- Decrees of the President of the Russian Federation. Among regulatory legal acts of the President of the Russian Federation it is possible to name the Decree of the President of the Russian Federation from December, 21st, 2001 № 1514 «About interaction of the President of the Russian Federation and the Government of the Russian Federation concerning privatisation of the state and municipal property» 2и others.

- The governmental orders of the Russian Federation. According to ch. 3 items 2 of item 8 of the Law on privatisation of 2001 by the governmental order of the Russian Federation from August, 19th, 2002 № 617 are approved working out Rules prognoznogo the plan (program) of privatisation of federal property.

- Regulatory legal acts of federal bodies of the executive

The authorities.

In connection with change of system and structure of federal bodies executive власти4, the problem of distribution of powers existing earlier concerning is standard-legal regulation of relations of privatisation at subordinate legislation level has been in many respects solved. Now functions on is standard-legal regulation and function on management of the state-owned property are accurately differentiated. Is standard-legal regulation of relations of privatisation at subordinate legislation level is carried out by the President of the Russian Federation, the Government of the Russian Federation and

! Sobr. zak-va. - 1995. - № 1. - Item 3.

2 Sobr. zak-va. The Russian Federation. - 2002. - № 4. - item 299.

3 Sobr. zak-va. The Russian Federation. - 2002. - № 34. - item 3305.

4 See: the Russian Federation. The president. About system and structure of federal enforcement authorities: the decree of the President Рос. Federations from 09.03.2004 (red. From 23.12.2005) № 314//Sobr. zak-va. The Russian Federation. - 2004. - № 11. - item 945; the Russian Federation. The president. Questions of structure of federal enforcement authorities: the decree of the President Рос. Federations from 20.05.2004 (red. From 03.10.2005) № 649//Sobr. zak-va. - 2004. № 21.-item 2023.

43 federal ministries (the Ministry of economic development and trade of the Russian Federation). Management of the state-owned property is not interfaced from is standard-legal regulation social relations in general and privatisation relations in particular. It is carried out by Federal agency on management of federal property which in particular is the authorised federal enforcement authority which is carrying out functions in the field of privatisation and power of the proprietor, including the rights of the shareholder, in sphere of management of property of the Russian Federation.

At level of subjects of the Russian Federation:

1. The constitution (Charter) of the subject of the Russian Federation;

2. Certificates of legislative (representative) public authorities of subjects of the Russian Federation;

3. Certificates of executive powers of the government of subjects of the Russian Federation;

At municipal union level:

1. The municipal union charter;

2. Certificates of representative bodies of the power of municipal union;

3. Certificates of enforcement authorities of municipal union.

In a subject sources of legal regulation of privatisation of the state and municipal property can be classified also on:

1. The general standard legal acts;

2. Special standard legal acts:

Defining branch and territorial features of privatisation;

Establishing features of privatisation of separate objects of the state and municipal property;

44 providing features of privatisation depending on participation of those or other subjects in the course of privatisation.

Development of the Russian privatisation legislation can be considered in a historical retrospective show. Thus it is necessary to allocate some stages which correspond consistently changing each other privatisation models.

The first stage - the legislation of the period of mass privatisation (1992-1994).

From the very first steps to privatisation legal regulation the roughest deviations from the law have been admitted, expressed in continuity infringement between initial positions of the law and the further realisation of its positions in subordinate legislation is standard-legal актах.1 It calls into question its legitimacy. Formal fastening of relations of the property lagged behind processes of "initial accumulation» Russian capital. Owing to what «property adjective laws became only a screen for legalisation« vyedanija »actives and resources of the enterprises». Absence of legislative maintenance of their equal access to participation in privatisation was infringement of the rights of citizens and the organisations. The order of compensation of a damage to the state caused as a result of privatisation has not been settled. In 1992-1993 there were no rules limiting the admission of foreign investors to privatisation of strategically important objects, is admitted a number of other roughest offences. As expert estimations Schetnoj of chamber and practice of its control activity have shown, essential lacks of legal base of the initial stage of privatisation gave the chance for serious abusings and financial infringements during privatisation actions.

1 See: Kulikov d about change of privatisation model / V.Kulikov//the Russian economic magazine.-1996. - № 5/6. - With. 25.

2 See: Transformation of relations of the property and the comparative analysis of the Russian regions. M, 2001. - With. 24.

45

The second stage - legal regulation in monetary privatisation (1994-1999гг.).

The given stage is marked by formal introduction of new model of privatisation - monetary privatisation. Its beginning is designated by the Decree of the President of the Russian Federation from July, 22nd, 1994 № 1535 «About substantive provisions of the Government program of privatisation of the state and municipal enterprises in the Russian Federation after July, 1st, 1994» 1. It is necessary to notice, that, despite an adoption of law about privatisation of 1997 which has considerably improved legal regulation of relations of privatisation and contained a number of innovations, privatisation, in essence, was carried out on the basis of the Government program of privatisation approved by the decree of President РФ.2 by the Basic problems of this stage of privatisation of a steel: Contradictions in legal regulation of carrying out of mortgaging auctions, understating of the price of privatised objects of a state ownership (that was a consequence of absence of a high-grade and consistent legal basis for their privatisation), absence some the effective control over execution of privatisation obligations, absence of a special order of cancellation of transactions of privatisation, and also uncertainty of a place and a state ownership role in a question of its differentiation on the federal property, the property of subjects of the Russian Federation and municipal unions, etc.

The third stage is marked by perfection of legal bases of the order by a state ownership (1999 - on present time).

1 Sobr. zak-va. - 1994. - № 13, - Item 1478.

2 Russian Federation. The president. About a government program of privatisation of the state and municipal enterprises in the Russian Federation: the decree of the President Рос. Federations from December, 24th, 1993 № 2284//Meeting of certificates of the President and the Government of the Russian Federation.-1994. - № 1. - Item 2.

46

This period is connected with acceptance of the Concept of management by the state-owned property and privatisations in Russian Федерации1, and also the Law on privatisation of 2001 which have actually eliminated a legislature from direct influence on privatisation processes in Russia.

Despite achievement of positive results in legal regulation of relations of privatisation, it is necessary to notice, that remained unresolved variety of problems which demand the standard permission., In particular, it is possible to carry that works on maintenance of conformity of positions of the privatisation legislation to norms of the Constitution of the Russian Federation and GK the Russian Federation are not finished to them, the legal mechanisms interfering realisation of so-called criminal bankruptcies of the enterprises are not created, there is no the legislation regulating questions of nationalisation, and also restoration of the broken rights of the state as proprietor of privatised property, etc.

Practice developed as a result of legal regulation of privatisation of public property in Russia has shown, that in itself change of patterns of ownership cannot automatically lead to increase of economic efficiency of the enterprises. So Erl, Estrin and Leshchenko in 1996 have found, that in Russia there are no essential distinctions between patterns of ownership of the privatised firms though new firms work better on a number критериев.2 simple change of patterns of ownership in a public order and effective proprietors does not cause, does not lead to immediate growth of productivity труда.3

See: the Russian Federation. The government. About the concept of management of the state-owned property and privatisations in the Russian Federation: the governmental order of Dews. Federations from September, 9th, 1999 (red. From 29.11.2000) № 1024//Sobr. zak-va the Russian Federation. - 1999. - № 39. - item 4626.

2 Havrylyshin O, McGettigan D. Privatization in Transition Countries IO. Havrylyshin, D. McGettigan II Post-Soviet Affairs, 2000. - № 16. - P. 275.

3 See: the Analysis of processes of privatisation of a state ownership in the Russian Federation during 1993-2003. 2 edition added / Otv. red. The chairman

47 Privatization, besides, could not involve enough of investments to begin large-scale modernisation

предприятий.1

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A source: NOVIKOVA SVETLANA VIKTOROVNA. PRIVATIZATION of the STATE And MUNICIPAL PROPERTY. The dissertation On competition of a scientific degree of the master of laws. Krasnodar 2006. 2006

More on topic Concept and sources of legal regulation of privatisation of the state and municipal property:

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