Operational Approaches to the Management of State Property in the
Context of Sustainable Regional Development
Irina I. Borisova
1a
, Svetlana V. Pronina
1b
and Valentin A. Troshin
2c
1
National Research Lobachevsky State University of Nizhny Novgorod, N. Novgorod, Russia
2
Saint Petersburg State University of Economics, Saint Petersburg, Russia
Keywords: Property, Objects of State Property, State Property Management, Property Management Function,
Management Mechanism, Property Management Processes
Abstract: The article reveals the issues of using state property objects, reveals a functional approach to assessing the
efficiency of using objects. The authors investigate the nature of property and the relationship in its disposal.
Property is a universal form of manifestation of human freedom today the аuthors prove. The authors
characterize the management of state property, describe the instruments of economic policy in the field of
public administration, and concretize the functions of the state. The authors conclude that the management of
state property is a separate area of activity of the modern state. The authors propose elements of the state
property management system, principles of functioning of the state property management system, propose the
creation of economic legal relations between the subjects of property on a parity basis.
1 INTRODUCTION
In the legal regulation of management of state
property, there are currently complex gaps, zones of
"weak" statutory regulation. Management of state
property in Russia is dispersed among a significant
number of government bodies, which include bodies
of all branches of government: executive, legislative,
judicial, and other subjects. Attempts by numerous
government bodies to restrict access to information
about the activities of enterprises, created by each of
them, leads to the fact, that the state does not have
complete proper information about land plots, real
estate, vehicles and other property, belonging to it and
assigned to state enterprises and organizations.
The lack of regulation in the current legislation of
a number of administrative procedures in the field of
management of state property leads to its ineffective
operation and low return on assets (chaotic nature of
the assignment of property, its uncontrolled use, loss
of property). This also includes the inconsistency
between state bodies, state officials and other subjects
in the processes of ownership, use, and disposal of
state property. Thus, the problem of management of
a
https://orcid.org/ 0000-0003-3646-1565
b
https://orcid.org/0000-0002-4321-8945
c
https://orcid.org/0000-0003-1027-5983
state property and its administrative and legal
regulation is not new, but becomes more and more
urgent in the context of total “denationalization”.
At present, much attention has been paid to the
statutory regulation of management of state property,
strategies of the concept, programs have been
developed, but in modern conditions of economic
development in the Russian Federation there are a
number of problems, that need to be solved. The
authors see one of these problems in the lack of proper
regulation of the current legislation regarding state
property objects, which leads to its ineffective
operation and low return on assets.
The traditional concept of property as a material-
commodity phenomenon is being updated today due
to the formation of new relations, regarding the
disposal of state property. The authors' new approach
to the nature of property as a form of manifestation of
human freedom in modern society determined
functional approaches to its management. Based on
the foregoing, a new scientific category is proposed -
the mechanism of management of state property,
which is a set of forms, means, methods, tools, legal,
organizational, administrative and other influences of
256
Borisova, I., Pronina, S. and Troshin, V.
Operational Approaches to the Management of State Property in the Context of Sustainable Regional Development.
DOI: 10.5220/0010589002560259
In Proceedings of the International Scientific and Practical Conference on Sustainable Development of Regional Infrastructure (ISSDRI 2021), pages 256-259
ISBN: 978-989-758-519-7
Copyright
c
2021 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
the subject of management on the development of the
object of management - state property.
2 RESEARCH METHODOLOGY
The article studies the problem of management of
state property and its administrative and legal
regulation, sets the task of studying functional
approaches to improving the efficiency of managing
state property objects, conducting assessment and
expert characteristics of management relations,
arising in the processes of state property ownership.
During studying the problems of state property
management, general scientific and methodological
approaches were used, in particular, a systematic
approach to the subject of research, methods of
observation, and analysis of experience (domestic and
foreign). The research materials were the regulatory
legal acts of the Russian legislation, scientific
literature.
3 RESEARCH RESULTS
From a theoretical facet, the article will be interesting
for researchers, who deal with issues of legal
regulation of the management of state property and
issues of the nature of property as a material-
commodity phenomenon of our time. A review of the
elements of the state property management system,
the principles of the state property management
system, proposals for activating the state function,
aimed at leveling the economic cycle and supporting
employment; the creation of parity in economic legal
relations between the subjects of ownership will be
able to ensure the national security of the state. The
practical significance of the article is indisputable for
managers of all levels of management of state
property, interested in obtaining high results in the
shortest possible time.
4 DISCUSSION OF RESULTS
The works of domestic and foreign scientists contain
important generalizations and conclusions regarding
the features of management of state property both in
Russia and abroad (Kryuchkova and Avdasheva,
2015; Kochetkova, 2016) Modern scientists-
economists consider the features of management of
state property objects in the processes of globalization
(Peng et al., 2016). It should be noted, that the
research carried out cannot fully cover the changes in
property relations, taking place in modern Russia,
taking into account the specifics of the formation of
the institution of private property and the
incompleteness of this process. Despite a wide range
of fundamental scientific developments, concerning
the mechanisms of management of state property,
there are many issues, that have not been sufficiently
developed by domestic and foreign scientists, as well
as controversial provisions on the choice of
management tools in this field.
Recently, there has been a tendency to revise the
traditional concepts on the nature of property as a
material-commodity phenomenon, attempts are being
made to look at this institution as the basis for the
formation of market relations, a universal form of
detecting human freedom, its state in society.
Despite the deep study of this topic by domestic
and foreign scientists and practitioners, the theory of
property cannot be considered complete.
Understanding the definition of its essence depends
on the essence of social relations, through the prism
of which "property" is considered. The development
of these relations does not allow to put a period to the
development of the theory of property. In the
scientific literature, an unambiguous definition of
state property was not developed. Some authors
understand state property as "all tangible and
intangible property at the disposal of the state"
(Bogdan; Abdallah, 2017), others refer to only a part
of the national property state property, that is
involved in economic turnover (Dementiev and
Ustyuzhanina, 2016). Civil Code of the Russian
Federation (Article 214) combines the concept of
state property and state assets, using as synonyms
(Civil Code, 1994).
Since the beginning of the 90s, such a type of
activity as management of state property, relegated to
the branch of public administration, has been
introduced into business practices, which
subsequently required the development of new
instruments of economic policy, that would meet
modern Russian socio-economic conditions, taking
into account the experience of transformations,
interests all subjects, the specifics of objects and the
environment of their functioning, as well as the
specification of the functions of the state (Butibaev
and Hamzina, 2016).
Management relations, arising in the management
of the corresponding state property, play a
supplementary role for each function, performed by
the state. In the case, when the function of the state is
realized through legal relations, arising directly in
relation to one or another object of state property, it
Operational Approaches to the Management of State Property in the Context of Sustainable Regional Development
257
can be affirmed, that the corresponding function is
performed directly in relation to state property.
In the case, when the function of the state is
realized through legal relations with respect to other
objects (for example, in the behavior of people), it
should be recognized, that a necessary condition for
the realization of each such function is the provision
of a certain state body or official with an appropriate
part of state property. In such cases, when performing
their functions, state bodies or their officials are
endowed with certain competence in the management
of state property (Pronina and Gogin, 2018). Even
when a certain official of a state body is not endowed
with managerial functions in relation to state
property, administrative legal relations in relation to
state property associated with the organization and
maintenance of the activities of such an official
necessarily arise in such a body.
By organizing their activities, the relevant state
bodies implement the functional activities of the state
in one direction or another. Thus, the management of
state property becomes a separate direction of state
activity, that is, a function of the state 1. This function
is performed by all state bodies and officials without
exception, covers the activities of the entire state as a
whole. The function is support in relation to the
implementation of all other functions of the state.
Management of state property should be considered
"as a system of economic, administrative, legal
actions of government bodies... regarding the
organization of reproduction, use and transformation
of its objects, using certain principles, forms and
methods, in order to pursue the basic social and
economic public interests of society and the state"
(Pronina and Sobinov, 2015).
M. Bogdan notes: "... the main goal of
management of any system is to ensure the
sustainable development of this system in the
interests of its constituent elements and other related
systems. With regard to state property, the general
goal of management is to ensure the preservation,
development and effective functioning and use of the
entire set of state property objects in the national
interests". Thus, the question arises of determining
the boundaries of responsibility between state
institutions regarding objects of state property.
In particular, it is noted, that in Russia there is no
clear allocation of rights and obligations regarding
state property between various institutions of the
central bodies of executive power. Almost all of these
bodies can make certain decisions in relation to
specific objects of state property.
The state property management system consists of
the following elements:
management mechanism (goals, principles,
methods);
functional subsystem (functions and
management bodies);
property management processes;
support subsystem (accounting, assessment,
staffing, performance management, etc.)
(Morozova, 2018). In terms of assessment, this
subsystem requires further development.
The subjects of the management of state and
municipal property are primarily the executive bodies
of state authority and local self-government bodies.
As objects of the management of state and municipal
property are state and municipal property.
Management actions are represented by laws, decrees
of the President, Government resolutions, programs,
plans, instructions, orders, directives.
The objects of management are state-owned
enterprises, state corporate rights in the property of
economic entities, separate individually determined
property (except for real estate), real estate (buildings,
structures, premises), land plots under state property
objects. The action of the subjects of the management
of state property on objects occurs through the use of
management mechanisms, the main ones of which are
organizational and administrative, organizational and
legal, organizational and economic, organizational
and informational.
Morozova L. A. notes, that the management
mechanism is an integral, but active part of the
management system, which influence the factors, on
the state of which the result of the managed object's
activity depends. The management mechanism is a
complex category of management with the following
elements: management goals; management criteria -
a quantitative analogue of management objectives;
management factors - elements of the management
object and their connections, which are influenced in
the interests of achieving the set goals; methods of
influencing management factors; management
resources - material and financial, social and
organizational potentials, using which the selected
management method is implemented and the
achievement of the set goal is ensured (Morozova,
2018).
The main principles of the functioning of the state
property management system include:
principle of legality;
the principle of responsibility, which indicates
the need to ensure an appropriate level of legal
regulation, avoid gaps in the legal base, and
reduce zones of “weak regulation”;
the principle of openness and transparency,
which provides for a combination of the state's
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obligation to ensure the opportunity for citizens
to participate in public administration, on the
one hand, and the citizens' right to obtain real
information about public administration, on the
other hand; the social principle of enforcement
of human rights and freedoms as a social
orientation of the management of state property
for the possibility of meeting public needs;
the principle of responsibility as the
inevitability of liability for illegal actions and
inaction.
5 CONCLUSIONS
The essence of state ownership is best explained
through the functions of the state: leveling the
economic cycle and supporting employment; creation
and financing of industries to accelerate the process
of economic reproduction; creation of parity in
economic legal relations between the subjects of
ownership; ensuring national security.
In the process of managing state property, it
becomes necessary to adjust the main goals and
objectives, functions and methods of property
management (Gribanova, 2017), to create a
management mechanism (Komarinska et al., 2020),
which is understood as a set of forms, means,
methods, tools, legal, organizational, administrative
and other impacts of the subject of management on
the development of the object of management - state
property (Batchurinskaya. 2019).
The question of the efficiency of the use of state
property remains open. Foreign scientists are actively
discussing approaches to increasing the profitability
of the functioning of state property objects
(Сhereyeva et al., 2019).
From the point of view of the property owner, the
main goal is to obtain benefits from the use of the
property. However, in contrast to it, state economic
agents are focused primarily not on obtaining possible
benefit (profit), but on the implementation of social
or defense tasks (Feoktistov et al., 2016). In this case,
the issue of the methodological justification of
assessing the efficiency of the use of state property
remains unsolved.
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