Приватизация в современном мире: теория, эмпирика, "новое измерение" для России
In article the question of the prospects of development of Russia in the light of various alternatives of change of scales and a role of a state-owned property in national economy, i.e. from line items of its preserving or privatization is considered. It is shown that availability of a state-owned property is contradictory need from line items of existence of the state and society, state and market. Preserving this property is or a basis for initial capital accumulation and personal wealth, or a basis of a noncapitalistic way of development when the personal wealth doesn’t exist any more. Privatization is possible either at the expense of internal sources, or at the expense of foreign investment. Use of internal sources won’t create sufficient sources for economic growth. Besides, in this case process of resale of property to foreign investors for the purpose of receipt of a fast speculative gain will begin. Foreign sources of privatization create fast economic sources for growth of economy, but it is followed by reduction of national sovereignty and inevitable subordination of the country to external interests.
In this article there is an analysis of positions of various authors which exist in science literature about an issue on the rights arising with regard to the object of a public-private partnership agreement, as well as a characteristic of norms of Russian law which cover the matter in question and analysis of some problematic issues arising in process of construction and application of the governing norms in practice.
We review the transition of the Russian banking sector focusing on the interplay between ownership change and institutional change. We find that the state's withdrawal from commercial banking has been inconsistent and limited in scope. To this day, core banks have yet to be privatized and the state has made a comeback as owner of the dominant market participants. We also look at the new institutions imported into Russia to regulate banking and finance, including rule of law, competition, deposit insurance, confidentiality, bankruptcy, and corporate governance. The unfortunate combination of this new institutional overlay and traditional local norms of behavior have brought Russia to an impasse - the banking sector's ownership structure hinders further advancement of market institutions. Indeed, we may now be witnessing is a retreat from the original market-based goals of transition.
The article examines the issue of sale of the state-owned (municipal) share in common real estate ownership and its acquisition by the other participants of common ownership without bidding but through the pre-emptive right in compliance with the legislation on privatisation. Therefore, the author analyses the statutory regulation of privatisation of a share in common ownership, and examines the ratio of the norms in civil and privatisation laws. The pre-emptive right is evaluated and its category is recognised by privatisation legislation. The author determines the essence of trading and analyses the requirement to follow the rules of antitrust and privatisation laws. The conflicting decisions and arguments from two courts are reviewed focusing on the necessity of ensuring both public and private interests of those involved. A summary is provided for the points of view of public officials and other courts including the Supreme Court. Finally, the author concludes that it is necessity to use the pre-emptive right of other participants in common real estate ownership in the case of acquisition of a state-owned (municipal) share in it.