The main forms of state regulation of the national economy. Forms and methods of state regulation of the economy. Functions of the state in a market economy

Basic forms state regulation economics: administrative-legal, socio-economic, financial-economic.

Administrative and legal regulation is aimed at laying the foundations economic system. Legal regulation is carried out through regulatory legal acts that establish the rules for the functioning of market entities in order to give market relations civilized forms and protect the interests of producers and consumers. Thus, all countries with a developed market economy have a multifaceted and perfect economic law, which is consistently implemented. Attempts to get around it, for example, in the field of property relations or taxes, are strictly prosecuted by law. True, economic crimes are widespread in developed countries as well, but the state is waging an uncompromising fight against them. The product of the shadow economy in these countries is from 4 to 13% of GDP. This is a lot, but significantly less than in other parts of the world.

The leading role in the economic law of countries with a developed market economy is played by laws adopted by parliaments that regulate in detail even minor issues of economic life. In general, in the legislation of developed countries, the issues of property (use, possession, disposal, inheritance, lease, pledge, bankruptcy, etc.), market (rights and obligations of sellers and buyers, competition conditions, opposition to oligopolies and monopolies) and tax relations are especially clearly spelled out. .

Administrative means are extremely numerous and varied. Administrative means include various kinds of standards and norms, which are often at the intersection of economics, technology and ecology (for example, the maximum allowable content of certain harmful substances in food products or emissions of harmful substances into the atmosphere and the environment as a whole). They are applied at the level not so much of central (federal) governments, as of states and lands (in federal states), provinces and regions (in unitary states), as well as local (municipal) bodies. This category includes, first of all, various types of permits (including in the form of appropriate licenses) and prohibitions. A very typical example is the permits and bans applied in all Western countries on new industrial construction in certain agglomerations around large cities and regions for urban planning, environmental and other reasons.

Socio-economic regulation is to provide social protection for certain groups of the population, which is caused by such negative phenomena as unemployment and inflation. The state sets the minimum wage, old-age pension, disability pension, unemployment benefit, different kinds assistance to the poor, indexing fixed incomes in connection with rising prices, etc.

Financial and economic regulation carried out with the help of the following instruments: taxes, discount rate of bank interest, subsidies, investments, etc. The most important means of state regulation in all Western countries are public finance, those. funds associated with the formation and use of the state budget and centralized ("semi-state") social insurance funds: pension, health insurance and insurance in case of loss of employment. Public finances began to be actively used to purposefully influence the rates and proportions economic development, to smooth out cyclic fluctuations. To smooth out cyclical fluctuations, tax regulation includes the use of a number of means: maneuvering tax rates on income and profits (to change the amount of investment and consumer demand); introduction (cancellation) of tax benefits and accelerated depreciation write-offs; changing the rules and timing of tax payments (for example, pre-paying taxes during a cyclical upturn to limit demand, or, conversely, postponing tax payments during a crisis to stimulate demand).

State budget expenditure items are used to provide private businesses with subsidies, concessional loans and guarantees for private loans in order to stimulate entrepreneurial activity and, accordingly, economic growth. These funds also serve as a source of purchases of industrial and agricultural products. In addition, they are used to implement sectoral and regional structural policies, promote the training and retraining of an appropriately skilled workforce, and stimulate research and development (R&D).

With the help of monetary instruments (maneuvering the discount rate of the central bank, changing the norm of the minimum reserves of commercial banks, acts of purchase and sale of government securities), the state represented by the Central Bank affects the volume of money and credit supply, the amount of loan interest, and thereby - on the pace and proportions of the reproduction of capital.

Foreign economic tools affect various aspects of foreign economic relations of countries - trade, migration of capital and labor, currency settlement relations. It includes customs duties and quantitative restrictions on imports (quotas for the import of certain goods); subsidies and tax breaks for domestic exporters; tax and other benefits to foreign investors; quotas for attracting labor from abroad; purchases or sales of national currencies by central banks on currency exchanges to stabilize the exchange rates of the respective monetary units.

An important tool for regulating economic processes is economic programming- this is the definition of priority directions for the development of the economy for a long period of time. State economic programs provide guidelines for the activities of entrepreneurs, help the state to concentrate investments in priority areas, maintain balance in the economy. For state regulation of R&D, economic growth in the country, the labor market, and agriculture, as a rule, appropriate programs are drawn up.

The measures taken by the state only mitigate the negative consequences of the cyclical nature of reproduction, but do not save the market economy from crises of overproduction and unemployment. State intervention in the economy is associated with certain costs. Therefore, state regulation of the economy has its own economic boundaries, which depend on the ratio of the costs of regulating the economy and the effect obtained as a result of regulation.

LEGAL METHODS AND FORMS OF STATE REGULATION OF THE ECONOMY

Ssh Shishkin Candidate of Law Sciences, Advisor to the Judge of the Constitutional

' Courts of the Russian Federation

The necessity to distinguish methods and forms of state regulation of the economy is substantiated. As methods of state regulation of the economy, the author considers it sufficient to use three methods of business (economic) law. Legal, economic and organizational forms state regulation of the economy.

Key words: state regulation of the economy, methods of business (economic) law, forms of state regulation of the economy, correlation of forms and methods.

In the legal literature, as well as in the economic literature, there is no terminological unity regarding the measures of state regulation of the economy. It is about forms, methods, means, tools, etc., although it is most often about the same thing, and there is no special distinction between these terms.

Russian legislation does not differ in terminological unity either. Thus, in the Federal Law of December 28, 2009 No. 381-FE “On the Fundamentals of State Regulation of Trading Activities in Russian Federation»1 methods of state regulation of trading activity are called, and in the Federal Law of June 26, 2008 No. 102-FZ «On Ensuring the Uniformity of Measurements»2 - forms of state regulation in the field of ensuring the uniformity of measurements. the federal law dated February 25, 1999 No. 39-F3 “On Investment Activities in the Russian Federation Carried out in the Form of Capital Investments”3 (hereinafter referred to as the Law on Investment Activities in the Form of Capital Investments) establishes the forms and methods of state regulation of investment activities carried out in the form of capital investments attachments without distinguishing between forms and methods.

The Economic Code of Ukraine, for example, refers to the state order, licensing, quotas, certification as the main means of state influence on the activities of business entities.

The terminological designation of measures of state regulation of the economy is not of fundamental importance, except for some inconvenience in the study of the course of entrepreneurial (economic) law by students. But it seems necessary and fundamental, in addition to the term "forms" (means, tools, etc.), to use the term "methods" in relation to state regulation of the economy and entrepreneurial activity. In addition, it is necessary to distinguish between the methods and forms of such regulation and not put an equal sign between them.

The method, as you know, is a set of methods and techniques for influencing social relations, regulated by the branch of law. In legal science, the question remains whether there can be only one or several methods of legal regulation in the branch of law. Leaving aside discussions on this issue, V.V. Laptev notes that in complex branches of law, including business law, several methods of legal regulation are used.

As for the methods of state regulation of the economy, it will be quite enough to indicate, without pretending to be unconditional, categorical and peremptory of such a conclusion, the three main methods used in business (economic) law: the method of autonomous decisions (method of coordination), the method of mandatory prescriptions, the method recommendations5.

However, there is another point of view, according to which it is impossible to put an equal sign between the methods of state regulation of the economy and the methods of legal regulation. In any case, these are concepts that do not coincide in content6. It seems quite logical in connection with this approach and the following conclusion that business law as a complex industry has two main methods of regulating relations: equality and subordination7.

First, with this approach, when the methods of state regulation of the economy and business (economic) law are separated, the role of legal support for state regulation of the economy is diminished. Secondly, if state regulation of the economy is carried out by methods that are not legal, the rule of law in the economy is unlikely to be ensured. In general, what methods of state regulation of the economy are not legal and non-industry, especially if we imagine state regulation of the economy, for example, as a sub-sector of business (economic) law? Thirdly, an indication of the methods of civil and administrative law (equality and subordination) ultimately leads to the regulation of the economy on an administrative-legal basis. Based on a similar conclusion back in the 30s. XX century at the official level (with the ideological support of Academician A. Ya. Vyshinsky), it was decided to regulate economic relations by means of civil and administrative law.

The equality of economic entities (for a different taste - the equality of forms of ownership on the basis of which economic entities operate) is a principle, not a method of entrepreneurial (economic) law.

Of course, if the methods of influencing economic relations are not used by the state, but by monopolies and organized crime, then there can be no question that these are methods of legal regulation. Monopoly and organized crime do not exist on their own, but arise and receive nourishment from the processes of self-regulation, i.e. arise automatically, naturally. If the state (by legal methods. - S. Sh.) does not suppress these pseudo-control factors,

they (pseudo-control factors) replace state influence8.

Methods of autonomous decisions, mandatory prescriptions and recommendations are inherent in relations that develop in the process of regulating economic activity and are covered by the subject of business (economic) law. The selection of other methods of state regulation of the economy seems artificial. For example, sometimes they talk about the method of prohibitions, although in essence they mean the same method of mandatory prescriptions.

The method of mandatory prescriptions is indispensable even in the conditions of a developed market economy, and even more so at the transitional stage to it. The limits of application of the method of mandatory prescriptions should be determined, among other things, taking into account the general (main) goal of state regulation of the economy and its component - ensuring rational management in an objective sense.

The method of autonomous decisions (method of coordination) is typical not only for horizontal economic relations, but is also used in state regulation of entrepreneurial activity. Such forms of state influence based on the method of autonomous decisions, such as contracts and state support, have great prospects for a market economy. The method of recommendations has the same prospects, especially in the areas of legal support for intra-system regulation and the activities of self-regulatory organizations.

As E. P. Gubin reasonably notes, the legislation on entrepreneurial activity has its own special structure, which includes internal (local) regulations, including corporate acts, as well as acts of self-regulatory organizations, as an element. Unlike other legislative formations (branches of legislation), acts of a recommendatory nature will play a significant role in the legal regulation of economic and business relations. Thus, the Code of Corporate Conduct and other similar acts will eventually occupy an important place in the self-regulation of an enterprise.

(exemplary contracts, exemplary provisions). They should be distinguished from standard acts (standard contracts, standard provisions), which contain mandatory rules10.

In order for the method of autonomous decisions (method of coordination) and the method of recommendations to work in full, it is necessary to bring order to the economy, including by improving economic legislation.

The method of autonomous decisions (method of coordination) in vertical economic relations has received its consolidation and regulation, for example, in the legislation on special economic zones. The Government of the Russian Federation, the highest executive body of state power of the subject of the Russian Federation, the executive and administrative body of the municipality, in whose territories a special economic zone is being created, conclude an agreement on the creation of such a zone. And economic entities, in order to obtain the status of residents of special economic zones, conclude agreements with the management bodies of special economic zones on the conduct of industrial production, technological innovation, tourist and recreational activities and activities in the port economic zone.

With the help of forms of state regulation of the economy, the goals of such regulation are achieved.

Rudolf von Jhering noted that the interest represented by the goals of society and the state does not lie in them, but only in the way in which society and the state involve the individual in their implementation. From this follows another conclusion of Iering that the concept of law contains two points: a system of goals and a system of their implementation.

Thus, the system of forms of state regulation of the economy should be a system for the implementation of the goals of such regulation. The most important condition for the effectiveness of forms of state regulation of the economy is their compliance with the objectives of such regulation. Forms of state regulation should be suitable and sufficient to achieve the goals.

It is necessary to distinguish goals from the forms of state regulation of the economy. For example, creating favorable conditions for the development of investment activities

referred by the Law on investment activity in the form of capital investments to the forms and methods used by federal government bodies to regulate investment activity. Here there is a confusion of purpose and form of state regulation.

It seems that under the forms of state regulation of the economy one should understand specific measures of economic, legal and organizational impact on the economy fixed in legal norms and carried out within the framework of legislation.

In the legal literature, for example, in works on administrative law, there are other approaches to the classification of forms of state regulation of the economy. So, Yu. A. Tikhomirov, using as a generalizing term "the method of state regulation", proposes to consider six groups of methods of state regulation of the sphere of entrepreneurship. The first group includes methods of general regulatory regulation, the second - software and installation methods (for example, targeted programs), the third - legalizing means (licensing, accreditation, certification), the fourth - methods of regulatory and quantitative measurement (standards, quotas, prices) , fifth - ways to maintain the level of activity and incentives (loans, subsidies, benefits), sixth - control and accounting and "forbidden" methods (accounting, reporting, checks, sanctions)13. Thus, Yu. A. Tikhomirov essentially covers most of the economic, organizational and legal forms of state regulation of the economy.

However, it seems that the division of the forms of state regulation of the economy into economic, legal and organizational forms based on the delimitation from sectoral methods of state regulation is quite convenient and adequate to the economic and legal concept.

Economic forms of state regulation of the economy in a market economy should occupy one of the leading places. They can be characterized as measures that consist in determining the directions and strategies for the development of the economy as a whole or its individual areas and types of economic activity, as well as incentive measures (and, if necessary, des-

stimulation) of certain sectors of the economy, types and subjects of economic activity. The economic form of state regulation of the economy is primarily tax regulation, since without taxes it is impossible to realize public interests. Economic forms also include customs and currency regulation. In addition, one of the most important forms of state regulation of the economy is the forecasting and programming of socio-economic development. It goes without saying that tax, currency and customs regulation cannot be carried out without the use of some elements of organizational forms of regulation, such as control measures. The Tax Code of the Russian Federation, for example, establishes certain measures of state support for entrepreneurship. At the same time, the main purpose of tax and currency regulation of entrepreneurial activity is seen in the application of economic measures of influence.

No developed market economy can do without organizational forms of state regulation. Organizational forms of state regulation of the economy are measures of a managerial (and, if necessary, directive) order, applied within the limits established by laws, by competent state bodies in relation to the economy as a whole, its individual areas, as well as types and subjects of economic activity. The organizational forms of state regulation of entrepreneurial activity include, for example, state registration of business entities, licensing, mandatory regulations, the application of standards, the establishment of quotas.

State control over compliance with the law by business entities is, in essence, one of the organizational forms of state regulation of the economy.

In all countries with a developed market economy, state regulation of financial markets is carried out to some extent, and organizational forms of such regulation, in particular, licensing, are widespread. Legislation in this area of ​​regulation is dynamic.

Organizational forms of state regulation must be distinguished from the sanctions applied to economic entities - offenders in vertical economic relations. For example, the suspension of operations on the accounts of an enterprise and an individual entrepreneur for failure to submit a tax return (Article 76 of the Tax Code of the Russian Federation) is not an organizational form of state regulation, but an operational and economic sanction of a vertical order14. Sanctions (measures of responsibility) applied to economic entities - offenders in vertical economic relations, are legal forms of state regulation of the economy.

State support is also one of the forms of state regulation of the economy and entrepreneurial activity. We are talking about expanding the possibilities of business entities in certain areas of the economy. “This includes state support for small businesses, measures to support the agro-industrial complex, to ensure the activities of the military-industrial complex, to protect domestic producers”15.

Protection of business entities as a form of state regulation of the economy16 is characterized by specific measures to restore or recognize the violated or disputed rights of these entities. Forms of protection are divided into judicial and extrajudicial17. Judicial forms of protection are applied in strict accordance with procedural legislation. M. I. Kleandrov notes that in itself the protection of the rights and legitimate interests of a participant in an economic relationship, carried out through the resolution of disputes is economic, i.e. specific in their legal nature is not an easy task and requires a rather narrow specialization and especially high professionalism. This task has long been solved precisely by specialized and professional structures, and specialization and professionalization are characteristic both for our state and for the vast majority of other states, with all the diversity of their state structure and forms of government18.

Since the forms of state regulation of the economy should have normal

mative consolidation and provision, in this sense they all act as legal measures. Laws and regulations are the main legal sources of all forms of state regulation of the economy.

Some forms of state regulation of the economy are called legal in the relevant regulatory legal acts. Thus, during the transition to an innovative economy, the role of technical regulation increases, which is carried out in legal forms, when legally fixed technical norms become technical and legal norms19.

2002 No. 184-FZ “On technical regulation

vaniya” states that technical regulation is legal regulation. In addition, in the legal literature, such proper legal forms of state regulation of the economy as a contract, a sanction are reasonably distinguished. Thus, E. P. Gubin refers to the number of legal means of state regulation of the economy the contract, property liability, legal entity21.

The role of the vertical economic contract, which is a “purely” legal form of state regulation of the economy, in modern conditions rises significantly. For example, in relation to state regulation of investment activity, this is evidenced by the possibility of implementing investment projects on the terms of public-private partnership, including by co-financing such projects on contractual terms, as well as, in general, the fact that the state can (and is financially capable) act as an investor and guarantor.

Many organizational forms of state regulation of the economy are direct in terms of the nature of the impact. Some forms of state regulation (primarily economic forms) are indirect. However, direct forms of state regulation may contain optional elements of indirect forms of regulation, and vice versa.

The special goals of state regulation of certain areas of the economy determine the appropriate set of forms

such regulation. Thus, the goal of state regulation of investment activity is the creation of favorable conditions for its development. The named goal determines that the priority forms of such regulation are economic and legal forms. In general, state support for investment activity and protection of the interests of investors should prevail here. With the help of judicial and extrajudicial forms, the property interests of investors can be protected primarily, including in cases of nationalization and requisition.

With regard to the organizational forms of state regulation of the economy, it should be noted that the use of some is narrowing, others are delegated to self-regulatory organizations, and others are canceled altogether.

On the whole, self-regulation is becoming a peculiar form of state regulation of the economy. Self-regulation is a truncated state regulation of the economy, delegated to self-regulatory organizations, whose activities, in turn, are under state control. Not only organizational forms of state regulation can be delegated to self-regulatory organizations.

It should be noted that the forms of state regulation delegated to self-regulatory organizations are, in essence, purely business-legal (economic-legal) forms of state regulation of the economy. The use by self-regulatory organizations of the forms of regulation delegated to them by the state cannot be related to the administrative and legal sphere, since self-regulatory organizations are not state executive bodies. The public law characteristics of delegated forms of state regulation do not allow them to be attributed to the sphere of civil law.

As for the correlation of forms and methods of state regulation of the economy, most forms of such regulation are based not on one of the methods, but on a combination of elements of the three methods of business (economic) law. At the same time, methods can have both direct and indirect (through specific forms)

application. Thus, all three methods of business (economic) law are directly applied in the implementation of antimonopoly regulation as one of the main forms of state regulation of the economy. The antimonopoly body issues instructions to economic entities that are mandatory for execution; sends recommendations to state authorities or local self-government bodies on the implementation of actions aimed at ensuring competition; gives prior consent (upon a relevant application) to the implementation of certain actions aimed at economic concentration.

Such a legal form of state regulation of the economy as a contract is based on the method of autonomous decisions (coordination). Another legal form of state regulation - a sanction applied to an economic entity - an offender in vertical economic relations - is based on the method of mandatory prescriptions. Other combinations of methods and forms of state regulation of the economy and entrepreneurial activity are also possible.

1 SZ RF. 2010. No. 1. Art. 2.

2 SZ RF. 2008. No. 26. Art. 3021.

3SZRF. 1999. No. 9. Art. 1096.

4 See: Laptev VV Entrepreneurial (economic) law. Selected works. Yekaterinburg, 2008, p. 186.

5 See: Entrepreneurial (economic) law: textbook / ed. V. V. Laptev, S. S. Zankovsky. M., 2006. S. 27-30; Shishkin S. P. State regulation of the economy: entrepreneurial and legal aspect. M., 2007. S. 34.

6 See: Belykh V.S. Entrepreneurial law in Russia: a textbook. M., 2008. S. 38, 322.

7 Ibid. S. 41.

8 See: Velento I. P., Eliseev V. S. Theory of economic law: texts of lectures. Grodno, 2004, p. 23.

9 See: Gubin E. 11. Legislation on entrepreneurial activity: state and directions of improvement // Entrepreneurial law. Appendix "Business and law in Russia and abroad". 2010. No. 3. P. 20.

10 See: Laptev VV Entrepreneurial (economic) law. Selected works. S. 187.

11 See: Iering R. Purpose in law. T. 1. St. Petersburg, 1881. S. 47.

12 Ibid. S. 58.

13 See: Tikhomirov Yu. A. Legal regimes of state regulation of the economy // Law and Economics. 2000. No. 5. P. 6.

14 See: Shishkin S.P. Issues of responsibility in business relations // Development of economic legislation at the present stage: materials of the International Scientific Conference. M., 2004. S. 130.

15 Laptev V.V. Contemporary Issues entrepreneurial (economic) law // Entrepreneurial law in the XXI century: continuity and development. M., 2002. S. 22.

16 This form of state regulation of the economy is not studied in this article, since the author believes that it requires a separate study. Thus, the fundamental works of the judge of the Constitutional Court of the Russian Federation, Corresponding Member of the Russian Academy of Sciences M. I. Kleandrov are devoted to the organizational and legal mechanism of economic justice.

17 For more details, see, for example: Entrepreneurial Law of the Russian Federation / otv. ed. E. 11. Gubin, 11. G. Lakhno. M., 2003. S. 944-981.

18 See: Klendrov M. I. Economic justice in Russia: past, present, future. M., 2006. S. 7.

19 See: Laptev VV Entrepreneurial (economic) law and the real sector of the economy. M., 2010. S. 17.

20 SZ RF. 2002. No. 52 (part 1). Art. 5140.

21 See: Entrepreneurial law of the Russian Federation / otv. ed. E. 11. Gubin, 11. G. Lakhno. S. 407.

An analysis of world experience allows us to speak both about the formation of national models and about the established standard set of social forms and methods of state regulation.

It is generally accepted that the methods of state regulation are divided into legal, administrative, economic; direct and indirect.

Legal regulation consists in the establishment by the state of the rules of the "economic game" for manufacturing firms and consumers. The system of legislative norms and rules determines the forms and rights of ownership, the conditions for concluding contracts and the functioning of firms, mutual obligations in the field of labor relations between trade unions and employers, etc.

administrative regulation, include measures for regulation, quotas, licensing, quotas, etc. With the help of a system of administrative measures (in the form of measures of consolidation, permission, coercion), state control is exercised over prices, incomes, the discount rate, and the exchange rate. Currently, the scope of administrative measures is limited in most countries to the area of ​​environmental protection, social protection of the population.

Economic Methods suggest an impact on the nature of market relations and the expansion of the market field within the framework of national education. This is the impact on aggregate demand, aggregate supply, the degree of concentration of capital, the structuring of the economy and social conditions, the use of economic growth factors.

According to the nature of the impact on the country's economy, methods of state regulation are divided into indirect And straight.

Indirect methods have the same effect on all economic entities of a market economy, without creating any competitive advantage for anyone. These include regulation through the monetary and budgetary systems (changes in the discount rate of interest, taxation levels, emission sizes, overcoming the budget deficit).

Direct methods of regulation are based on power-administrative relations and are reduced to administrative impact on the functioning and performance of economic entities. Among the methods of direct GRE, various forms of irrevocable targeted financing of sectors of the economy, regions, firms in the form of subventions or subsidies, including grants, allowances, additional payments from special budgetary and non-budgetary funds of the national and regional levels, as well as preferential loans, prevail. The purpose of such methods is to achieve development priorities, protect socially necessary sectors of the economy and population groups. In addition to the positive effect, these measures may also have negative consequences in the form of deformations of the real ratio of costs and prices, a decrease in the level of competitiveness, and a weakening of the balancing function of the market.

In practice, indirect methods prevail over direct ones. Indirect methods are perceived by commodity producers as inevitable; straight lines cause a certain alertness. Methods and tools of regulation are presented in fig.

Direct state economic regulation includes three main elements:

Government subsidies;

State business;

State programming (planning).

Government subsidies can be defined as a gratuitous loan that fully or partially covers the costs of production of its recipient. Subsidies are provided, as a rule, to vitally important sectors in the economic structure of the country, where the operation of enterprises is insufficiently profitable or unprofitable. This situation arises as a result of the state setting a price limit for the products of this industry due to its social significance or during periods of worsening economic conditions, when an enterprise may go bankrupt and stop deliveries of products important for the state (defense equipment, electricity, etc.). State subsidies are not excluded (and even necessary) during the period of major structural transformations in the national economy. As a rule, on the basis of subsidies, certain scientific institutions, institutions of the education system, training of personnel, etc. are supported. However, this method of direct state regulation is not free from shortcomings, the main of which is the difficulty of effective centralized control over the use of allocated subsidies.

State Enterprise includes the creation and management of the production, economic and social activities of state enterprises. State-owned enterprises arise both for political and ideological reasons, as well as due to the "insufficiency" of the market in some critical situations (caused by war or natural disasters, the destructive impact on the domestic industry of foreign competitors, lack of capital and entrepreneurial personnel, the problem of unemployment, etc.) . State ownership of enterprises in a number of industries is determined by the fact that they are natural or irremovable monopolies of water, gas, energy supply, railways, mail, until recently - telephone).

In the global economy, there are two organizational and legal forms of state enterprises:

State-owned enterprises founded in accordance with the norms of public law;

State-owned enterprises founded under private law, whose capital is either wholly owned by the state or mixed.

State public enterprises - These are legally independent enterprises created by special acts of the legislature. Their capital is not divided into shares or shares, but is wholly owned by the state. The state is responsible for the debts of public enterprises, and the managers of public enterprises are not independent and are subordinate to higher government bodies, focusing not on solving narrow commercial problems, but on the implementation of public goals. As a result, public enterprises, as a rule, have low profitability or are unprofitable.

Capital state enterprises of private law divided into parts (shares or shares). Private law enterprises are most often open joint-stock companies (state corporations). The state may own all the shares of such a corporation (in this case, the company is actually closed) or a controlling stake. The state is not responsible for the debts of private law enterprises. In the event of a deterioration in their financial situation, the state, as a rule, does not cover losses at the expense of budgetary funds, but, like private investors, resorts to selling its shares on the stock market.

The management of state enterprises has its own characteristics in various countries. In most of them, state-owned enterprises do not have a single control center, but are under the jurisdiction of sectoral ministries according to their affiliation. In a number of South American countries, there are special ministries for state-owned enterprises. In some cases, SOEs are subordinate to the Ministry of Economy or Finance.

Among the most important elements of direct state regulation in countries with market economies is state programming, which is a mechanism for the formation and implementation of a set of measures to solve a major national economic or regional problem through the creation of the necessary products or services and the placement of state orders at enterprises with the help of contract financing various shapes property on a competitive basis. There are the following main types of state economic programs:

opportunistic, aimed at solving the problems of the current balance and stabilization of the economy;

Structural, aimed at solving key problems of the national or regional economy.

Planning and implementation of specific activities under state programs is carried out with the help of state order. The formation and implementation of the state order is subject to the following principles:

The customer of the products is the state, which has financial and other resources and transfers certain rights to its executive bodies;

The composition of orders is connected with the system of national needs and the functions of the state in various industries socio-political life of the country, which for objective reasons cannot be implemented;

The volume of government orders is limited by the size of the state budget;

Orders are placed and executed on a contractual basis.

The state has a direct impact on the economy through investments in certain sectors of the economy. It can go in two directions: either the development of state entrepreneurship, or subsidizing enterprises of the non-state sector. The first is carried out in capital-intensive and unprofitable industries, such as the coal industry, railway and water transport, and the maintenance of roads. In addition, to ensure a high level of economic development, the state invests in industries that determine scientific and technological progress at this stage, as well as training qualified personnel and conducting scientific research. State entrepreneurship is developing in those areas where the use of other forms of ownership can bring negative consequences. Thus, in the defense industry, investment is carried out through the construction of state-owned enterprises or the nationalization of enterprises of other forms of ownership through the purchase of shares, sometimes confiscation. On this basis, mixed enterprises are created, when part of the shares belongs to the state. Entrepreneurial activity allows the state to solve national issues and the most important social tasks. At the same time, the state maintains the standard of living of the population by setting marginal prices for energy, food, services, etc.

The state also has a direct regulatory effect on exports, exempting the exporter from paying duties on the import of raw materials or creating preferential export credits.

The state also exercises direct influence on the national market. It can influence the size, structure and direction of market development through government orders. It is understood as a state task for a company to produce a certain type of product within a regulated timeframe and in a certain amount for unique, especially scarce products.

The above methods and tools of state regulation adequately require their integrated use, which is ensured within the framework of economic policy.

Economic policy- this is a strategy developed by the state for the behavior of all power structures, aimed at achieving their socio-economic goals. The economic policy of the government is a certain regulation of the norms and rules of behavior of economic entities through economic tools.

The main goal of the economic policy of any state is to achieve the welfare of the population of the country, the growth of its income and consumption.

The economic policy of the state includes structural, budgetary and fiscal policy, monetary policy, social, foreign economic policy, programming, forecasting and planning.

Each of the components of the economic policy of the state is aimed at achieving main goal with their own means and methods. Thus, the structural policy developed by the government of the country, regions, city administrations and large enterprises is aimed at changing the sectoral, regional, production structure of the country as a whole and its components. The goal of structural policy is to increase the income of the population by updating the structure of production, rational and most efficient use of natural and labor resources, increasing employment, etc.

Financial policy involves the use of the fiscal and fiscal mechanism to achieve national economic and social goals. budget policy covers: regulation of public spending; public procurement; release of state domestic farms; support and regulation of state entrepreneurship. fiscal policy involves: regulation of taxation; introduction of taxes.

Monetary policy involves the use of the method of indirect influence of the Central Bank on the elements of the market mechanism and, above all, the optimality of monetary circulation. Credit policy includes: normalization of bank reserves; variation of the discount rate of bank interest; conducting operations on the open market.

Social politics includes a set of measures aimed at meeting the social needs of the population by the state, maintaining an acceptable standard of living for the country, correcting differences in income and consumption of the population, providing social services to the population, and ensuring social guarantees. Social politics includes: regulation of minimum wage rates; setting the size of pensions, unemployment benefits, etc.

Foreign economic policy means: legislative establishment of rates of customs duties, exchange rates; use of foreign loans, investments and foreign exchange restrictions.

The highest form of state regulation is programming, forecasting and planning. Economic forecasting is a system of scientific ideas about the directions in development and the future state of the economy as a whole, as well as its individual elements. The method of economic forecasting consists in the quantitative and qualitative processing of the collected information on the socio-economic state of the national economy at the moment, identifying regular trends in its change, allowing you to get an idea of ​​the main directions of the state and development of the country's economy in the future. Economic forecasts serve as the basis for the development of socio-economic programs designed to be implemented within the time frame provided for in the program. The program is specified in terms of the spheres of activity of the state, the tasks to be performed, and the quantitative parameters in each area. In addition, the program provides for the expected results from its implementation.

Indicative (from lat indicator-index) planning- one of the methods of state regulation in a market economy, aimed at reconciling the economic interests of state and market economic entities through an indicator plan of the country's socio-economic development approved by all interested parties with the priorities of national interests laid down in it for the near medium term (3-6 years).

The main function of indicative planning is coordination, which consists in developing measures and a mechanism for their implementation, taking into account the economic interests of each participant and their relationship. The main principle of reaching a compromise in the system of interests is the equal interaction of state and market structures, as a result of which the state manages to realize national economic interests, and market structures - to make a profit, following the implementation of the jointly developed economic indicators of the indicative plan.

In the process of transition from a planned economy to a market economy in Russia, there is a change in the forms and methods of centralized directive management of the forms and methods of state regulation of the economy. There are two main forms of state regulation:

Economic indirect impact on the reproduction process;

Administrative (direct) impact on the economy.

Economic regulation by the state is achieved by numerous methods. At the macroeconomic level, these include:

1) monetary policy. It covers the formation of required reserves by the state, interbank credit rates, central bank operations with government bonds in the securities market. All this allows the state to resist inflation, to regulate interest rates commercial banks, investment, production and employment, have an impact on the movement of stock prices;

2) tax policy. With its help, the state establishes effective stimulation of economic growth, organizes the redistribution of income, spreads progressive taxation systems, and exempts from taxation that part of the income that goes to charitable purposes. The state provides tax incentives to small businesses, as well as enterprises that are just entering the path of market competition;

3) public spending policy. It contributes to the structural transformation of production, smooths out regional disproportions, reduces the severity of the problem of involuntary unemployment;

4) public debt management. This includes the interest rate and bond issue period, which are used regardless of whether there is a budget deficit or not. Their application can give positive anti-inflationary results and influence the situation on the securities market.

The state also has economic methods for regulating reproduction at the level of the world economy. They turn out to be the more significant and effective, the deeper the country is integrated into the system of the world economy. Here it is necessary to highlight:

1) foreign trade policy. It concerns the export and import of goods and services. The state actively stimulates the export of goods and capital. Thus, it contributes to the expansion of demand for national goods. The level of competition in world trade is very high. Therefore, the country that occupies leading positions there is a leader in the field of scientific and technological progress. Encouragement of exports is a tool of the state in the demonopolization of the economy. The behavior of the giant monopolist in the domestic market is such that he often does not care about the quality of products, about prices, about expanding production and sales in order to develop unoccupied market spaces. The state is sometimes unable to cope with a large corporation. Then it pursues an export policy in order to bring the national giant into the world economy, where equally strong competitors will wean it from monopolistic habits. The state uses the following methods to stimulate exports: provides exporters with tax benefits, takes on guarantees from export creditors, uses bilateral and multilateral economic agreements, as well as international mechanisms for coordinating trade interests, develops and implements social targeted programs that provide for strengthening the country's export potential, regulates exchange rates ;

2) licensing of export flows. It may turn out that, by stimulating exports, the state will help send abroad what its own population needs. This can happen if export licensing is not in place. Of course, obstacles to the withdrawal of resources recognized as national treasures must be established. It is impossible to sell property that is necessary for present and future generations;

customs taxation. It represents a method of state regulation of imports. Customs level tax rates should be sufficient to insure the domestic economy against large-scale declines in production and employment. And they are quite possible in the case of unhindered penetration of foreign competitors into the domestic market. At the same time, very high customs tariffs (protectionist) create an unnatural situation in the domestic market and cut it off from world trade. If national production operates in a non-competitive mode, it begins to lag behind in the field of scientific and technological progress, the level of efficiency, product quality, and the structure of the product offer. IN modern world there is a movement towards the liberalization of customs policy, its transfer to the principles of free trade. True, customs barriers continue to play a prominent role, especially inside the US-Japan-triangle. Western Europe. Organizationally, the state either independently regulates import taxes, or does it on a bilateral or multilateral basis. This, for example, is being done by the governing bodies of the EU, which are pursuing a policy of all-round liberalization of mutual trade between European countries. At the same time, they are building imposing customs barriers that limit the entry of cheap goods from the US and Japan into Europe. Global trade and political mechanisms have also been created, in particular the GATT (General Agreement on Trade and Tariffs), which unites most of the developed countries. Within the framework of GATT, they are trying to resolve their differences over customs taxes and make world trade freer;

4) non-tariff methods of restricting imports. The removal of customs barriers does not guarantee the advent of an era of free trade. If the domestic economy is becoming increasingly difficult to protect with the help of customs taxes, then the state resorts to the use of non-tariff methods. They are not subject to either the EU or GATT. If it is necessary to reduce imports, but taxes on it cannot be increased, then the following are used:

Quantitative restrictions (quotas) on the import of foreign goods and services,

Stimulation of national production of import substitutes,

Special tax incentives for those corporations that face stiff foreign competition at home,

the purchase of part of the products of these enterprises by the state, which, by allocating budgetary allocations for this, tries to maintain demand, prices and the rate of profit.

It turns out that access to the market seems to be open (customs tariffs are low), but it is still difficult for foreign exporters to get into it. In order to overcome non-tariff barriers, they also need the support of their state: export credits, tax incentives;

5) international movement of capital. If we mean the export of capital, then the state provides its entrepreneurs operating abroad with a favorable investment climate, as well as guarantees for the security of investments. In doing so, it uses various means:

Foreign aid programs

Bilateral and multilateral agreements,

Instruments (methods) of foreign policy,

Items specially designed for the payment of taxes where enterprises and branches of foreign investors are located.

In doing so, the state has many positive repercussions:

Takes out profits from old and new investments,

Improves the balance of payments

Increases the inflow of foreign currency into the country,

Capturing the foreign market for a long time.

At the same time, the state usually strictly controls the import of capital and the activities of foreign firms on its territory in the following areas:

Establishes priority sectors of the economy where the operations of foreigners are encouraged,

Establish sectors of the economy where access to foreigners is prohibited,

The distribution of profits and the taxation of foreign firms are regulated.

Let us now turn to the analysis of the second form of state regulation - to the administrative (direct) impact on the process of social reproduction.

There are areas where administrative methods of regulating the economy are quite effective, and their use becomes absolutely mandatory. In these areas, administrative methods have a clear advantage over other methods of state influence on the economy. These methods, of course, suppress individual economic freedom to a certain extent, but they are fully justified. Sometimes the maximum freedom of individual subjects turns into heavy losses for other subjects and the market economy as a whole. Among the administrative methods of regulating the economy, the following should be singled out:

1) direct state control over monopoly markets. A monopolist can do a lot of detrimental things to the economy. It is difficult to curb it with the help of economic methods of influence. Monopoly markets are very different. Therefore, various administrative methods of influence are applied to them. For example, for science, education, medicine, defense, the state monopoly is recognized as natural. Therefore, full-scale administration can be carried out here. Applicable here:

Long-term and current directive planning of production, costs and prices;

Direct control over the quality and consumer properties of goods and services;

Guaranteed logistics based on centralized government supplies and purchases.

Technological oligopolies (group monopoly) deserve a slightly different attitude on the part of the state. In relation to them, soft administration is applied (indicative planning, allowable limits for price fluctuations). In some cases, there are completely unnatural monopolized sectors of the economy. In this case, the state can use direct administrative methods for the gradual elimination of economically inexpedient monopolies;

2) preventive measures, order, limiting side effects market processes. For example, production destroyed the lake and forests. No financial sanctions will resurrect nature. Therefore, state preventive measures are needed, for example:

To conserve part of the national resources, excluding any form of their commercial exploitation, to identify natural areas where certain types of production activities are necessary,

To directly prohibit the use of environmentally harmful technologies,

To introduce strict standards that guarantee the population life in conditions of environmental safety;

3) development of standards, control over their observance. The state addresses them to everyone who participates in the functioning of the economic system;

4) determination and maintenance of the minimum acceptable parameters of the life of the population. This is the minimum means of subsistence below which poverty sets in. This refers to the guaranteed minimum wage, unemployment benefits, social benefits.

The organized form through which the methods of economic regulation are implemented are state targeted programs. Their development usually falls into four main stages:

1) formation of the objective function. This is where political decisions come into play, by means of which the order of goals and their required levels;

2) formation of a package of economic policy options. They must ensure that goals are effectively achieved. state program;

3) forecasting the resource coverage of all program options. To do this, a budget of funds necessary for its implementation is developed, systems for managing and controlling the implementation of the program are determined;

4) identifying a criterion that allows you to optimize the choice of one of the program options. Prediction models make it possible to calculate various options economic policy.

Programs are national and supranational. The former are limited to one country. For example, Reaganomics was aimed at reducing and stabilizing the rate of inflation, as well as at achieving a sustainable rate of economic growth and giving it a new quality. It was a multipurpose national program. But, for example, within the framework of the EU, regional, structural and other programs are being developed that belong to the category of supranational ones.

State regulation of economic development- this is the impact of the state on the activities of economic entities and in order to ensure normal functioning conditions.

All negative aspects can serve as an explanation of the reasons strengthening the role of the state in the economy. It is the smoothing, prevention of the negative consequences of the action of market regulators that is the goal of the economic activity of the state.

Based on the foregoing, the following main (governments) can be identified:

• security legal framework functioning of private business;
• protection of competition. The domination of monopolies harms the whole society, so antitrust and competition maintenance become the functions of the state;
• redistribution of income through a system of progressive taxation and a system of transfer payments (pensions, benefits, compensations, etc.);
• financing of fundamental science and environmental protection;
• changing the structure of production in order to adjust the distribution of resources;
• control and regulation of the level of employment, prices, economic growth rates;
• financing of production or direct production of public goods and services.

State influence on the economy carried out in two main directions:

• through the public sector;
• by influencing the functioning of the private sector of the economy using a variety of economic instruments (state regulation of the economy).

In a market economy, it is system of standard measures legislative, executive and supervisory nature, carried out by competent state institutions and public organizations in order to stabilize and adaptations of the existing socio-economic system to changing conditions.

By objects of influence state regulation of the economy means the activity of regulating three interrelated parts of the reproduction process: regulation of resources, regulation of production, regulation of finances.

By levels of regional hierarchy state regulation is focused on two main areas: federal and regional levels.

General strategy of state regulation of the economy is based on the following principles:

• ceteris paribus, preference should be given to market forms of economic organization. In practice, this means that the state should finance only those socially significant sectors that do not attract private business(due to low profitability);
• state entrepreneurship should not compete, but should help the development of private business. Ignoring this principle can lead to artificial dominance of state enterprises over private ones;
• state financial, credit and tax policy should also contribute to social stability;
• state intervention in market processes is more effective if it has a market form;
• strengthening of state regulation is carried out in order to control general economic crises, as well as processes in the field of interstate economic relations.

Methods and goals of state regulation of the economy

To the main the purposes of state regulation of the economy relate:

• minimization of inevitable negative consequences of market processes;
• creation of financial, legal and social prerequisites for the effective functioning of a market economy;
• ensuring social protection of those groups of the market society whose position in a particular economic situation becomes the most vulnerable.

Methods achievement of these goals are divided into:

• to direct (or dirigiste);
• indirect (or economic).

Direct methods of state regulation of the economy are based on administrative and legal methods of influencing the activities of certain business entities (prohibition measures, permits, restrictions).

Indirect regulators differ from dirigiste methods in that they do not limit the freedom of economic choice, but, on the contrary, provide additional incentives for making a market decision. Their main area of ​​application is the entire economic environment. Indirect methods of regulation involve the use of funds and opportunities of the country's financial and monetary systems.

These methods are interrelated.

You can name the following facilities (tools) state regulation of the economy:

• administrative and legal instruments;
• financial (tax) system;
• the monetary system of the state;
• state property;
• government order.

Along with the listed instruments of state regulation of the economy, which have an internal economic focus, there is an arsenal of means of external economic regulation.

Almost all levers of influence on the process of reproduction within the country have a significant impact on foreign economic relations: changes in the discount rate, taxation; new incentives and subsidies for investment in fixed assets; and etc.