Objects and subjects of market economy. Market: its essence, functions, structure

Subjects of a market economy or business entities (economic agents) - actors in the economy who independently make decisions and carry out economic actions.

The main subjects of economic activity in a market economy are:

households;

enterprises or business organizations;

· state.

This division of subjects, in essence, reflects the two main areas of economic activity of people. Household - a generalized element of the consumer sphere of the economy. Its main function in the economy is the consumption of final products and services.

households- this is the economic image of an average family that maintains a separate household, owns joint property, receives a common income and has an average stable structure of expenses, is a convenient structural unit in describing the economic life of society. They strive to maximize the utility of the goods they acquire: they rank their needs and carry out expenses within the disposable amount of income.

Enterprises and the state are structural elements of the second main sphere of human activity in the field of economics - the sphere of business activity.

It is through this area that households receive income.

State(government institutions) are, as a rule, non-profit budgetary organizations that implement the functions of state administration of the country and regulation of the economy at various levels from the national to the local.

The goal of the state as an economic entity is to ensure a stable economic order and economic development of the country.

Enterprises or business organizations are mainly private firms of various economic status - from individual to large joint-stock companies.

Business - it's any kind direct activity for the purpose of generating income, involving the attraction of own funds, or indirect participation in such activities by investing in the business of own capital. In this sense, being an employee in a government agency or being employed by a company is not a business, but owning shares or running your own gas station is a business.

Business offers complete independence in making business decisions and appropriate responsibility for the results of these decisions.

The main function of business organizations is the production of the entire mass of goods and services and bringing them to the consumer. Their goal is to maximize profits.

The given structure of economic entities reflects not separate spheres of people's participation in social production, but the distribution of each member of society in various spheres of economic life.

Market types

market like independent education includes three main elements:

the market for goods and services;

The market for factors of production

· financial market.

On the market for goods and services all three types of economic entities operate: business acts as a producer and seller of goods, while the state and households are their buyers.

Despite the fact that all three entities interact in the same market, the nature of the relationship between business-household and business-state is somewhat different.

In the consumer market (business-households), the interaction is of the classical type: goods are first produced, then they enter the market and are bought by households, passing into their ownership.

characteristic feature consumer market is that prices are actually formed after the production of goods. It was this market that was predominant in the early stages of the development of capitalism, and it is this market that is prone to crises, because. Estimated production may not match actual demand, resulting in lower than expected business revenues.

A business cannot force households to buy everything it produces. It may interest the buyer low prices, benefits or advertising. In a developed market economy, this is where the "sovereignty" of consumers is manifested: in order to have an income, a business is forced to work for the consumer.

In contrast to the consumer market, the bulk of government purchases in the market for goods and services is carried out in a contractual form. The vast majority of government spending is in the form of government orders to businesses for the production of various products and services of national importance. In this case, the work is carried out in accordance with contracts in which, in advance of production, prices for products, quantities and terms of delivery are agreed.

Thus, the market for goods and services to the government is, in fact, a contract market, i. a significantly more stable market with risk sharing between business and government. The same, in essence, the contract market in the modern mixed economy is a huge market of intermediate goods and services between business organizations.

The defining characteristic of the market for goods and services is the transfer of products from the property of the producer to the property of the consumer as a result of the act of sale. Towards the flow of goods and services there is a flow of spending (consumer).

Market for factors of production. We have already said that the factors of production include labor, land, capital and entrepreneurial ability.

In conditions of frequent ownership, these factors are the property of households that are bought by businesses to produce goods and services.

Organizationally, the factor market is a dispersed market. In essence, these are three main interconnected markets:

· labor market;

The land use market

the capital market.

Basic hallmark The market of factors is that the product-factor as a result of the act of sale does not become the property of the buyer, but remains the property of the sellers.

In other words, the nature of the involvement of factors owned by households in production is more like a lease than a sale of factors into the ownership of a business. As a result of the use of factors by business, the total income stream of the household is formed.

Financial market - This is a market that reflects the supply and demand of financial resources: money, bonds, stocks. In the financial market, individuals and institutions offer money. It involves the functioning of stock and currency exchanges.

Based on the foregoing, it is possible to depict a circuit diagram of the circulation of products and incomes, which gives a general idea of ​​​​the interaction of individual market entities through various markets (Fig. 1.4).

1 6

11 12

There are quite a lot of subjects of the market economy. These are producers and consumers, entrepreneurs and employees, industrialists, bankers, merchants, owners of loan capital and securities, etc. In the most general form, the subjects of a market economy are grouped into three large groups.

Let's consider them separately.

Main interaction factors:

1. Costs

2. Cash income

3. Goods and services

4. Labor and capital

5. Resources

6. Labor and capital

7. Consumer spending

8. Goods and services

9. Expenses

10. Resources

11. Goods and services

12. Consumer spending

13. Goods and services

14. Taxes

15. Goods and services

Conclusion: households, as owners of resources, sell resources to firms, and already as consumers, they spend money income on the proceeds from resources, buy goods and services on the product market. Firms buy inputs to produce goods and services, then sell the finished product of their production to households in exchange for profits. The profit is used to buy additional resources to ensure the circulation. As a result, there is a real flow of economic resources, final products and services, and a cash flow in the form of income and consumer spending. These streams are simultaneous and repetitive.

Household as a subject of market relations

A household is an economic unit of one or more people. It ensures the production and reproduction of capital. It independently makes decisions in the consumer market, is the owner of any factor of production (land, capital, labor). Strives to meet your needs as best as possible. Households, in addition to families, can also be called organizations that are engaged in production (church, trade union, party).

The household is one of the three subjects of economic activity. Household covers economic objects and processes occurring where a person or family permanently resides.

The household is interpreted as an economic unit that consists of one or more persons united by a common budget and place of residence, supplies the economy with resources and uses the money received for them to purchase goods and services that satisfy the material needs of a person. The concept of a household unites all consumers, employees, owners of large and small capital, land, means of production, persons employed and unemployed in social production.

In general, a household can be characterized as an independent economic unit, consisting of one or more people who have some kind of production resource and strive to satisfy their needs to the fullest extent possible.

The main characteristics of a household:

Cohabitation and home improvement.

Joint farming.

Possession of certain resources.

Independence in making business decisions.

Striving for maximum satisfaction of needs.

Household types

Single households or simply households.

Single households are formed by singles, separate or several families, as well as these families together with singles. Single households in the Russian Federation include 139 million households. people, which is 94% of the total population of the country.

group households.

Group households are formed by permanent or temporary groups of people for the joint organization and arrangement of their lives in various hostels and boarding schools, in soldiers' barracks, cells of monasteries and barracks of correctional labor institutions. They unite 9 million in the Russian Federation. people, or 6% of the total population of the country.

Households are classified according to the following criteria:

Territorial and regional affiliation (area, region of the country, natural and climatic zone, etc.).

Demographic characteristics (family and non-family households, number of household members, gender and age characteristics).

Property characteristics (nature of housing, number of rooms, availability of a car, dacha, land plot etc.).

Income characteristics (average per capita income, income group, sources of income, etc.).

Economic characteristics (employment, industry, sector of the economy, type of enterprise, position, etc.).

Labor potential (number of able-bodied people, level of education, professional training, etc.).

The social status of the household (determined by the head of the family or the family member with the highest income).

To characterize an economic entity, it is required to indicate the source and amount of its income, the direction and amount of its expenses.

Household is property cash, tools used by people at home. It covers the economic processes taking place in the place of life of people, families.

Household income is private income. They are formed by:

wages, labor, owner's profit, capital, interest and dividend, participation in a joint-stock company, rent, natural resources.

Each household's income is spent in three ways:

Payment of taxes to the state

Satisfaction of personal needs

Formation of personal savings

Savings is the post-tax non-consumable portion of a household's annual personal income. There are the following types of savings:

Household (in cash)

institutional ( bank deposits, insurance policies, bonds, stocks, etc.):

a) "protective" - ​​actions to preserve the original purchasing power of a given amount of money. They perform the role of self-insurance against unpredictable circumstances.

b) "speculative" - ​​actions to multiply the purchasing power of a given amount of money. They play the role of a kind of "family business" according to the rules of a market economy.

In general, savings is a deferred demand for real goods (goods and services), and this "deferred" turns savings into a permanent "sword of Damocles" hanging over the market economy, i.e.:

A relative increase in savings (as personal income rises) means a relative decrease in the demand for consumer goods and services, which can cause a reduction in the production of these goods and an increase in unemployment (unemployment).

The preponderance of "home" savings can undermine the country's economy, so it is necessary to stimulate institutional savings, i.e. the participation of money in the circulation (economy) of the country.

Consumer spending is that part of personal income that irrevocably and without interest goes to producers.

And among the objects of consumer spending can be identified:

Non-durable goods (term - less than a year)

Durable goods (term - more than a year)

The household is one of the most important market institutions. The role of households in the development of market relations is relatively large and is determined by the following points:

First, households provide the necessary level of consumer demand, without which the functioning of the market mechanism is impossible.

Secondly, household savings are a source of savings and investment, which is very important in a developing economy.

Thirdly, households are the subjects of supply in the market for factors of production (entrepreneurial ability and labor).

Fourthly, it is the household that is the basis for the formation of production and the implementation of human capital.

Fifth, the ability of households to establish a family business contributes not only to the growth of personal well-being, but also to the development of a market economy as a whole.

In a market economy, the entire mass of resources constitutes the aggregate resource market, which, in turn, consists of many markets for specific resources. The owners of these resources are considered mainly households.

Depending on who is the subject of ownership, its types and forms are distinguished (see table). AT Russian Federation rights holders state property are committees for the management of state property, created respectively at the federal level and the level of subjects of the federation. The bearers of municipal property rights are local governments.

Structure of types and forms of ownership in the Russian Federation

The basis of the modern market economy, including the one regulated by the state, is private property in its various types and forms. The variety of forms of ownership reflects the varying degrees of development of the productive forces and organizational and economic relations, the unequal degree of socialization of production in various areas of the economy. In the industrialized capitalist countries, there is a wide variety of types and forms of private property: the sole property of farmers; labor private property (shop, shop, cafe, station Maintenance, pharmacy, etc.); private enterprise "href="/text/category/individualmznoe_chastnoe_predpriyatie/" rel="bookmark">individual private enterprise with a relatively small number of employees employed, joint-stock companies, etc. Such a mixed economy differs from a completely monopolized or state-owned one in that it responds better to the variety of changing social needs and more fully reflects them.

By sign of assignment the whole variety of forms of ownership can be reduced to three groups: individual, collective and state.
Individual includes personal ownership of consumer goods and household items, personal subsidiary farming, individual labor activity. In this type of property, all aspects of it are represented in one person or family.

The collective is represented by cooperatives, collective, rental enterprises, partnerships, joint-stock enterprises, etc. The cooperative form of ownership is widespread in most countries of the world. The main activity of cooperatives is the processing and marketing of agricultural products. Within the territory of former USSR collective property was represented by collective farms and consumer societies in the countryside.

Joint-stock property is also a kind of collective property.

State property is: national, regional and municipal.

According to legal features, they distinguish: private property (citizens and legal entities), state (again, federal, subjects of the federation and municipal) and mixed or joint ownership.

The objects of property are goods, labor force, land, natural resources, residential buildings, securities, capital in monetary or material form.

Each state has established its own correlation between different forms of ownership, and in each branch of the economy, in material production and in the non-material sphere, the advantage of certain forms has been established.

The variety of forms of ownership determines the entrepreneurial activity of different levels. Entrepreneurship is the initiative of a natural or legal person
, aimed at the production of products, the implementation various kinds works, provision of services and engaging in trade for profit. The subjects of entrepreneurial activity can be citizens who are not limited by law in legal capacity or capacity, as well as legal entities of all forms of ownership. The entrepreneur has the right, without restrictions and at his own risk, to make decisions and carry out independently any activity that does not contradict the law.

Classification of enterprises by form of ownership:

1. Individual enterprise- property of one person and labor only personally. An individual enterprise is registered in the general manner with the authorities and carries out its activities on a general basis. In relation to them, sparing taxation is applied.

2. Family business is the property of one family and the work of only members of this family. Family businesses are also subject to favorable taxation.

3. Private enterprise- this is the property of an individual citizen who has the right to hire labor, the number of which is not limited. It is fully taxed.

A private enterprise must necessarily have a charter, which stipulates the basic principles of the work of this enterprise. The charter of the enterprise should not contradict the current legislation.

4. Collective enterprises- These are enterprises whose property is owned by a certain number of people who have the right to hire labor. Collective enterprises include:

¨ rental enterprises - state property or collective property is rented;

¨ cooperatives are the property of a certain group of people. At the same time, the owners are obliged to take both active and passive participation in the work of the enterprise; - business companies - enterprises that exist on the basis of the charter and the authorized fund, which is formed by share contributions of its participants.

5. State Enterprise.

Business companies the law recognizes enterprises, institutions, organizations created on the basis of an agreement by legal entities and citizens by combining their property and entrepreneurial activities in order to make a profit. Companies are legal entities and can engage in any business activity that does not contradict the law.
The founders and participants of the company may be enterprises, institutions, organizations, as well as citizens. Moreover, enterprises, institutions and organizations that have become members of the company are not liquidated as legal entities.

Business companies include: limited liability companies (LLC)" href="/text/category/obshestva_s_ogranichennoj_otvetstvennostmzyu__ooo_/" rel="bookmark">limited liability companies, additional liability companies, full companies.

Specified legal forms collective enterprises are designed to regulate the forms of liability for doing business.

1. joint stock company.

A classic joint-stock company (corporation) is an association of capital investors (shareholders) formed on the basis of a charter and having an authorized fund divided into a certain number of shares of equal par value, the founders of which can be both individuals and legal entities. The company must consist of at least two members, while the maximum number is not limited.

Joint-stock companies are the most democratic form of business, because anyone can buy shares and become a shareholder (and thus the owner) of an enterprise with an open subscription to shares. In world practice, of course, there is also a closed subscription for shares, which is used, as a rule, in the case when the founders of a joint-stock company have sufficient funds to fully form the authorized capital of the enterprise.

The main features of the joint-stock company form of the enterprise are the following:

¨ shareholders are not liable for the obligations of the company to its creditors. The company's property is completely separated from the property of individual shareholders. In the event of the insolvency of the company, shareholders bear only the risk of possible depreciation of their shares;

¨ the joint-stock form of the enterprise allows to unite a practically unlimited number of investors, including small ones, and at the same time maintain control of large investors over the activities of the enterprise;

¨ a joint-stock company is the most stable form of capital pooling, since the withdrawal of any of the investors from it does not entail the mandatory closure of the enterprise.

The limitation of risk to a predetermined amount makes a joint-stock company the most attractive form of capital investment and, as a result, makes it possible to centralize large funds.

We can say that the issuance of shares is one of the most significant achievements of the market economy. This is a way to mobilize resources, a way to spread risk, and a way to instantly transfer funds from one industry to another.

2. Limited Liability Company. Another type of collective business, which implies the presence of limited economic liability, is a limited liability company. They are enterprises that have an authorized fund divided into shares, the size of which is determined by the constituent documents. Members of the company can be both individuals and legal entities, and the members of the company are liable for its obligations only within the limits of their contributions. Much in the structure of a limited liability company resembles a joint-stock company, but there are also serious differences:

¨ firstly, such a society ¾ is an enterprise of a closed type;

¨ secondly, the creation of a joint-stock company requires more effort than a limited liability company.

3. Additional Liability Company. The participants in such a company, in contrast to a limited liability company, are liable for its debts with their contributions to the authorized fund, and if these amounts are insufficient, they will be responsible for additional property belonging to them in the same multiple for all participants to the contribution of each participant.

The maximum amount of liability is provided for in the constituent documents.

4. Complete society. A complete company is one in which all participants are engaged in joint entrepreneurial activities and are jointly and severally liable for the obligations of the company with all their property.

5. trust society¾ a company with additional liability, carrying out representative activities in accordance with an agreement concluded with the trustees of the property regarding the implementation of their rights of owners. The property of the trustee is understood as cash, securities
and documents certifying the right of ownership of the principal.
The trust company carries out trust operations:

¨ for citizens - storage and representation services for servicing the property of principals;

¨ for legal entities - disposal of property, agency services, maintenance of accounts for owners, their securities and management of voting shares transferred to a trust company by participating in a meeting of shareholders "href="/text/category/obshee_sobranie_aktcionerov/" rel="bookmark"> general meetings of the joint-stock company.

The role of property in the system of social relations.

Where there is economic activity, there is always the problem of ownership. Property relations permeate the entire system of economic relations and accompany a person from the moment of his birth to death.

A person lives, produces and uses the results of labor in close interaction with other people. Because of this, it can be argued that property is a relationship between people that expresses a certain form of appropriation of material goods, and in particular a form of appropriation of the means of production.

The most important step in the study of property was made by the economic thought of the last century. P.-J. Proudhon () owns the famous phrase: "Property is theft." Such a definition did not receive universal recognition and was subjected to justified criticism, but Proudhon's position contained a very valuable detail ¾ if one person owns a thing, then another person is deprived of the opportunity to have it. This means that not nature, but social relations underlie property.

They give rise to a whole gamut of relationships between its participants, as well as between them and society. The social essence of these relations is the expression of the economic relations of property inherent in a given society.

For a more complete picture of property, one should determine the place that belongs to it in the system of social relations.

First, property is the basis, the foundation of the entire system of social relations. The forms of distribution, exchange, and consumption also depend on the nature of the established forms of ownership. Thus, private property prevails in a market economy.

Secondly, the position of certain groups, classes, strata in society, the possibility of their access to the use of all factors of production depends on property.

Thirdly, property is the result of historical development. Its forms change with the change in production methods. Moreover, the main driving force of this change is the development of productive forces. Production, personified by a windmill, wrote F. Engels, gives a society with an overlord at the head, a steam engine highlights the industrial bourgeoisie.

Fourthly, although within each economic system there is some basic form of ownership specific to it, this does not exclude the existence of its other forms, both old ones that have passed from the previous economic system, and new, peculiar germs of the transition to the new system. The interweaving and interaction of all forms of ownership has a positive impact on the entire course of the development of society.

Fifthly, the transition from one form of ownership to another can proceed in an evolutionary way, on the basis of a competitive struggle for survival, the gradual displacement of everything that dies off, and the strengthening of what proves its viability in appropriate conditions. At the same time, there are also revolutionary ways of changing forms of ownership, when new forms forcibly assert their dominance.

Thus, in the theory of Marxism, the elimination of private ownership of the means of production was considered as the main content of the socialist revolution. In accordance with this theory, in Russia, following the conquest of power in October 1917, private property in industry, transport, construction, and trade was abolished. Collectivization in the countryside replaced the individual property of the peasants with a cooperative-collective farm (actually semi-state). As a result, the complete dominance of socialist, or public (that is, state and semi-state) property was established.

After the state legally regulates the property relations between these persons, they are vested with the right of ownership. This right includes the powers of the owner to own, use and dispose of the property.

POWER OF OWNERSHIP is a legally secured possibility of economic domination of the owner over a thing. In this case, we are talking about economic domination over a thing, which does not at all require that the owner be in direct contact with it. For example, leaving on a long business trip, the owner continues to be the owner of the things in his apartment.

Possession of a thing may be illegal. LEGAL possession is called possession, which is based on some legal basis, that is, on the legal title of possession. Legal possession is often referred to as titular possession. ILLEGAL possession is not based on a legal basis, and therefore is titleless. Things, as a general rule, are in the possession of those who have this or that right to possess them. This circumstance allows, when considering disputes over things, to proceed from the presumption of the legality of actual possession. In other words, the one who has the thing is assumed to have the right to possess it until proven otherwise.

Illegal owners, in turn, are divided into conscientious and unscrupulous. The owner is conscientious if he did not know and should not have known about the illegality of his possession. The owner is dishonest if he knew about it or should have known about it. In accordance with the general presumption of good faith of participants in civil rights and obligations (clause 3, article 10 of the Civil Code), one should proceed from the assumption of good faith of the owner.

The division of illegal owners into bona fide and unscrupulous is important in settlements between the owner and the owner for income and expenses, when the owner reclaims his thing with the help of a vindication claim, as well as when deciding whether the owner can acquire ownership by prescription or not.

AUTHORIZATION OF USE is a legally secured possibility of extracting useful properties from a thing in the process of its personal or industrial consumption, and for industrial purposes. So, a sewing machine can be used to sew clothes not only for your family, but also for a fee. The right to use is usually based on the right to own. But sometimes you can use a thing without owning it. For example, a studio for renting musical instruments rents them out so that the use of the instrument takes place in the studio, say, at certain hours and days. The same is true when using slot machines.

AUTHORITY OF ORDER - this is a legally secured opportunity to determine the fate of a thing by making legal acts in relation to this thing. There is no doubt that in cases where the owner sells his thing, rents it out, pledges it, transfers it as a contribution to a business company or partnership, or as a donation to a charitable foundation, he disposes of the thing. It is much more difficult to legally qualify the actions of the owner in relation to the thing when he destroys the thing that has become unnecessary to him, or throws it away, or when the thing, by its properties, is designed for use in only one act of production or consumption. If the owner destroys the thing or throws it away, then he disposes of the thing by making a unilateral transaction, since the will of the owner is aimed at renouncing the right of ownership. But if the right of ownership is terminated as a result of a single use of the thing (for example, you eat an apple or burn firewood in a fireplace), then the will of the owner is not directed at all to terminate the right of ownership, but to extract its useful properties from the thing. Therefore, in this case, only the right to use the thing is exercised, but not the right to dispose of it.

The current civil legislation, like the one that preceded it, is limited to enumerating the powers belonging to the owner (sometimes the ways of exercising them), without defining any of them. And this negatively affects not only the disclosure of the content of property rights, but also the practice of applying the law. It is difficult to answer the question of what content the legislation puts into the concept of the right of ownership and who can be considered the owner of a thing. In this matter, one could follow the example of either Roman law and distinguish between the concepts of possession and holding, or the legislation of the German group and consolidate the institution of dual ownership with the allocation of the figure of the possessing servant. Unfortunately, the legislators did not choose any of these options. Therefore, it is difficult to answer the question whether the owner continues to be the owner of the thing when it is rented out or only the lessee is recognized as the owner of the thing for the period of the lease.

Disclosure of the content of the property right is not yet completed with the definition of the powers belonging to the owner. The fact is that the powers of the same name can belong not only to the owner, but also to another person, including the bearer of the right of economic management or the right of lifetime inheritable possession. Therefore, it is necessary to identify a specific feature that is inherent in these powers precisely as the powers of the owner. It consists in the fact that the owner exercises the powers belonging to him at his own discretion. With regard to the right of ownership, the exercise of the right at discretion, including the disposal of it, means that the power (will) of the owner is based directly on the law and exists independently of the power of all other persons in relation to the same thing. The power of all other persons is not only based on the law, but also depends on the power of the owner, is conditioned by it.

True, in civil law this sign is to a certain extent blurred, since the persons who own civil rights exercise all these rights (and not just the right of ownership) at their own discretion (see paragraph 2 and paragraph 1 of Article 9 of the Civil Code). We believe, however, that since the indicated sign in relation to the right of ownership is specially fixed (see paragraph 2 of Article 209 of the Civil Code), the task is to identify its inherent content in relation to the right of ownership, which was done. The owner has the right, at his own discretion, to take any actions with respect to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienate his property into the ownership of other persons, transfer to them, while remaining the owner, the rights possession, use and disposal of property, pledge property and encumber it in other ways, dispose of it in another way (clause 2 of article 209 of the Civil Code).

The right of ownership has the property of resilience or elasticity. This means that it has the ability to recover in its former volume, as soon as the restrictions that bind it disappear.

Ownership is one of the exclusive rights. This means that the owner has the right to exclude the influence of all third parties on the sphere of economic domination assigned to him in relation to his property, including through self-defense measures.

What has been said, however, does not mean that the power of the owner in relation to the thing belonging to him is unlimited. In accordance with the permissible direction of civil law regulation, the owner can indeed perform any actions with respect to his property, but only not contrary to laws and other legal acts. The owner is obliged to take measures confirming the damage to the health of citizens and the environment, which may be caused in the exercise of his rights. He must refrain from conduct that disturbs his neighbors and others, and even more so from acts performed solely with the intent to harm someone. In addition, the owner must not go beyond the general limits of the exercise of civil rights established by Article 10 of the Civil Code. The owner is also obliged, in cases, on conditions and within the limits provided for by law and other legal acts, to allow limited use of his property by other persons. These circumstances must be taken into account when formulating a general definition of property rights. Finally, when defining property rights, one should rely on the general definition of subjective civil law which also applies to property rights. With regard to the right of ownership, this general definition should be specified taking into account the specific features inherent in the right of ownership. Based on the previously stated provisions, we will give a definition of the subjective right of ownership.

The subjective right of ownership ¾ is a system of legal norms that regulate relations in the possession, use and disposal of the owner of a thing belonging to him at the discretion of the owner and in his interests, as well as to eliminate the interference of all third parties in the sphere of his economic domination.

In cases where the owner himself owns and uses the thing, it is usually sufficient for him to exercise his right that third parties refrain from infringing on this thing. But this is not always the case. In order to dispose of a thing (sell it, lease it, pledge it, etc.), the owner, as a rule, must enter into a relationship with a specific person (for example, with someone who wants to buy a thing, rent it, or pledge). Although the owner exercises his right by establishing relations with a specific person, their regulation goes beyond the right of ownership, and the owner himself acts in the mask of a seller, landlord, pledgor, etc. If the right of ownership is violated, then everything depends on whether is it right or not. If it persists, then the restoration of the violated relationship occurs with the help of the norms of the institution of property rights. If the right of ownership is not preserved (say, the thing is destroyed), then in order to restore the violated rights, one will have to resort to the norms of other legal institutions (for example, obligations from causing harm or insurance law). Thus, the norms that form the institution of property rights are in constant contact and interaction with the norms of other legal institutions, both civil law and other branch affiliation. This circumstance must be taken into account when choosing the legal norms governing a particular area of ​​property relations, including property relations.

What property rights are needed. The experience of many countries has shown that in order to create an effective market system based on competition, it is necessary to legislate three different objects of ownership. This is, firstly, real estate(real estate), secondly, movable property(movable) and, thirdly, intellectual property.

Real estate includes production and non-production premises, roads, transport facilities, and various infrastructure facilities.

One of the most important properties is Earth. Private ownership of land is the basis of most personal fortunes in a market economy. It is necessary that a person be able to obtain undisputed ownership of a well-defined piece of land, including the right to use at his discretion and without significant restrictions. Then, if the land can bring more benefit not to its owner, but to another person (this is evidenced by his willingness to pay a high price for this land), then it can be sold, and the proceeds from the sale will be used for other purposes.

Clear ownership, which can be defended in court (if necessary), is the basis for sales transactions real estate.

Movable includes property that allows its free movement: machinery, equipment, tools, cars, furniture, securities, etc.

Ownership of these valuables can be confirmed by appropriate documents. When the owner changes, the corresponding changes are made to the documents. Some, not too expensive, real estate (furniture, tools, etc.) is transferred from hand to hand without special legal registration. To confirm ownership, invoices from the store are sufficient.

The third type is intellectual property¾ the exclusive right to use for commercial purposes products of creative activity (literary, artistic, scientific, works of performing artists, sound recordings, radio and television broadcasts, inventions, utility models, industrial designs, trademarks, service marks). In our "computer age" the protection of intellectual property should be given special attention.

It appears in the form of inventions, electronic software, manuscripts, achievements in art and other products of human intellect. Patents, copyrights, trademarks and other registration documents entitle these types of property. They are vital for stimulating creativity and innovation, and strong protection of such intellectual property is one of the sine qua non conditions for the existence of a market economy. This explains why in countries with such economies there is a concern regarding "piracy" in relation to materials protected by copyright or patents. After all, "pirates" receive income from this property, although they do not own it and did not bear the costs of its creation. Such "piracy" reduces the incentive to invent and other creative activities.

While maintaining an inviolable right to intellectual property, "disintegration" is possible, that is, the sale of this right in parts. For example, a lease retains ownership, but for a fixed fee, provides the opportunity to use the property for profit. The creators of the software retain ownership of their software, but others may use the software under license agreements.

Many other examples can be cited where the rights to own and dispose of property are retained by one person, but the right to use can be transferred to another person. At the same time, the owner of the property has the power to determine how it should be used: the rules of law prevent the illegal use of leased funds, protecting their owner.

An important legislative innovation is the establishment of the possibility for a citizen to acquire ownership of a dwelling occupied by him as a tenant in a house of state or municipal housing stock (by way of redemption or on other grounds provided for by legislation on housing privatization). It is assumed that in the future it will become one of the most important forms of meeting the housing needs of the population and will help form a housing market, the development of which, in turn, should actively contribute to solving the housing problem.

In addition, the full payment of the contribution by a member of a consumer cooperative for the use of an apartment, dacha, garden house, garage, other premises or building. By virtue of a direct indication of the law (clause 2, article 51 of the Fundamentals of Civil Legislation, clause 2, article 13 of the Law on Property in the RSFSR), this circumstance terminates the right of cooperative ownership of the corresponding property object, turning it into an object of citizen ownership. All this gives grounds for asserting the consistent expansion of the range of objects of property of citizens aimed at meeting the needs of the population.

This is also evidenced by the appearance in the ownership of citizens of new varieties of securities for us - shares, treasury obligations, certificates, etc., not only of a nominal, but also of a bearer nature. This opens up a wider opportunity to participate in commercial relations for the majority of citizens, and not just for professional entrepreneurs. Income from securities, from deposits in credit institutions and in the property of industrial enterprises where citizens-contributors work, should be considered as sources of their personal property recognized and encouraged by law (cf. clause 1, article 10 and clause 3, article 11 of the Law of Property in the RSFSR), many of which, directly or indirectly, also have a predominantly labor origin (for example: income from deposits in the property of rental and other enterprises).

When all the above-mentioned elements of property relations are enshrined in law, the market economy receives the necessary space for effective functioning and development.

Transformation of forms of ownership in connection with changes in the material conditions of economic activity

Throughout the history of the development of human society, several types of economic organisms have arisen. They developed in a certain sequence - in the order of transition from the simplest economic structures to more and more complex ones.

The original and longest was the era of the primitive communal system, which ended 7-9 thousand. years ago and from which separate tribes living in hard-to-reach places in Asia, Africa and Latin America have not yet emerged. In this era, two stages are distinguished: the period of collecting and appropriating the means of life bestowed by nature and the second period, when people began to create healthy foods with their labor. Man at that time was completely dependent on the natural environment. The primitiveness of the tools of labor excluded the possibility of fighting for survival alone. Joint activity was natural, and collective property was the only possible and necessary one. The plot of land occupied by the community, tools of collective labor, and common housing were jointly appropriated and protected. The fruits of joint labor appropriated the entire tribal team. A minimum of results dictated an egalitarian distribution.
The improvement of tools and forms of farming expanded the needs primitive people and made changes in the economic organism of the community. The appearance of the bow and arrow made it possible to hunt the beast alone and marked the beginning of the disintegration of egalitarian forms of distribution.

With the development of agriculture and animal husbandry, communities specialize in the production of certain products, their economic isolation occurs, and an intercommunal exchange of labor products arises.

A new type of economy began to develop within the community, individual (family) appropriation began, and the tribal organization itself gradually turned into a community. In most countries of Asia, Africa and Latin America, even now the community is an integral part of their social structure. Communal property was of great importance in the life of the peasantry and the Cossacks in Russia later.

At the turn of IV and III thousand. BC e. a slave society emerged. It was based on private ownership of land and slaves. It predetermined the essence of the socio-economic relations of this society. Wars of conquest ensured a massive influx of prisoners and cheap labor for slave-owning latifundia. Over time, the unproductive labor of slaves, with an increase in market prices for them as a result of the weakening of the military power of the slave-owning states, made it unprofitable to purchase and maintain slaves. Large landowners began to break up their estates into small plots and give them for cultivation to slaves and free peasants who had lost their lands. The forced peasants were forced to give their masters a significant part of their production. Property relations underwent another change, a transition to a feudal economic structure took place.
The socio-economic relations of feudalism had a number of major differences and advantages over slavery. The land belonging to the feudal lords was divided into master and peasant. The latter in many countries went to the use of rural communities and then was divided into allotments, which were given to the peasants for farming. Peasants and artisans had personal property that passed by inheritance. It extended to agricultural implements, working and productive livestock, poultry, residential buildings, and outbuildings. The economic dependence of the serfs on the landowner was realized in the form of corvée, dues and cash rent. Gradually, the relationship between the serf and the feudal lord turned into contractual and quitrent-money. The dependent worker began to look more and more like a tenant.

More progressive than all previous systems is the capitalist economy. Here, not only the land, but also all the main means of production are privately owned by the bourgeoisie. Capitalism puts an end to non-economic coercion to work, the personal dependence of the worker on the owner of the means of production. The new system is based on the free labor of employees and the freedom of entrepreneurial activity. The desire to obtain more income has served and continues to serve as a powerful stimulus for the development and improvement of production. Private capitalist property has not exhausted its possibilities for the progress of society as a whole.
Capitalism in the industrial sphere began with a simple cooperation of labor, when under one roof, under the leadership of one owner-owner, many people unite to perform homogeneous work. At the second stage, simple cooperation was replaced by a more complex form of organizational and economic relations - manufactory. This form of economic activity is based primarily on hand tools and the division of labor within the workshop. It began in Europe from the middle of the 16th century. and continued until the last third of the 18th century. The specialization of labor, its fragmentation during the creation of a finished product into its component parts, developed the skills of the workers, led to an increase in labor productivity. The manufactory prepared the necessary prerequisites for the transition to the machine stage of production.

The transition to machine production (the end of the 18th to the middle of the 19th centuries) brought a qualitatively new technical foundation to the capitalist economy, which could not but change the content and relations of property. Scientific and technological progress has increased the concentration of production, led to the birth of large plants and factories. There was a lack of individual capital for the development of new industries. Second half of the 19th century marked by major discoveries in science and technology, the rapid development of machine production. Structural changes are taking place in the capitalist economy; The development of new capital-intensive sectors of the economy turned out to be beyond the power of individual capitals; the collective, joint-stock form of economic management is receiving accelerated development.

From the concentration of production, monopolies are born, which concentrate in their hands the production and marketing of a significant part of this or that product, and, consequently, economic power.

In the present century, the forms of capitalist property have repeatedly changed under the influence of the continuous strengthening of the social character of production. In Western countries, the most common form of ownership has become a mixed one, in which wide sections of the population can take part. A further higher stage in the socialization of the economy led to the nationalization of part of the national economy. In the 1980s, the share of the state in the national wealth of the country was about 20% in the USA and Japan, and 35-40% in Western European countries.

AT modern conditions The greatest degree of socialization of the economy on an international scale is due to the fact that not only transnational capital is being formed and developed, but also the economic integration of capitalist states.

Thus, the durability and strength of private property lies in its mobility. It changes in accordance with the new scale of the socialization of the economy, opens up scope for the development of productive forces and an increase in the efficiency of economic activity. Comparing how capitalism was in the distant past and how it has become now, we notice that this system develops by self-negation of its original economic foundations. This is naturally a historical process. It is based on internal objective laws that are implemented through economic activity and determine its direction.

Development and prospects of forms of ownership

In the process of formation of market relations, the share of state property is gradually decreasing, but various forms of individual and collective property are developing: individual enterprises, partnerships with full and limited liability, joint-stock companies of open and closed types, cooperatives, associations, etc.

Different forms of ownership functioning in the general system of economic relations cannot be isolated from each other. Overcoming their specificity, they inevitably intertwine. Based on this interweaving, mixed forms of ownership can arise. The objective basis of this interweaving is the mutual complement and use of those specific opportunities that are inherent in each of the specific forms of management. So, in Russian joint-stock companies, the property of individual citizens, collectives and the state is now merging. Creation and development of JSC is the main way of denationalization of property.

Farm enterprises (these are individual enterprises) in many cases do not lose their production and economic ties with the collective farms and state farms, from which they "inherited" the land and a certain part of the means of production.

Changes at the level of microeconomics were expressed in the fall of the role and importance of private property.

Literature

1. Belousov of Applied Economics and Entrepreneurial Affairs: Textbook. - Voronezh: Publishing House of VSU, 1998.-472p.

2. "Economic theory", Moscow, 19p.

3. Civil Code of the Russian Federation (part one) - M., 1995

4. Ermishin economic theory, M., 1994.-324p.

5. Kovalev businessman.-Mn.: Higher. school., 1995.-320s.

6. Kamaev on the basics of economic theory.-M.: Vlados, 1994.-384p.

7. Sharshov economic theory. Part 1. - Voronezh: Publishing House of VSU, 1995.-264p.

Subjects of a market economy or business entities (economic agents) - actors in the economy who independently make decisions and carry out economic actions.

The main subjects of economic activity in a market economy are:

Households;

Enterprises or business organizations;

State.

This division of subjects, in essence, reflects the two main areas of economic activity of people. Household- a generalized element of the consumer sphere of the economy. Its main function in the economy is the consumption of final products and services.

households- this is the economic image of an average family that runs a separate household, owns joint property, receives a common income and has an average stable structure of expenses, is a convenient structural unit in describing the economic life of society. They strive to maximize the utility of the goods they acquire: they rank their needs and carry out expenses within the disposable amount of income.

Enterprises and the state are structural elements of the second main sphere of human activity in the field of economics - the sphere of business activity.

It is through this area that households receive income.

State(government institutions) are, as a rule, non-profit budgetary organizations that implement the functions of state administration of the country and regulation of the economy at various levels from the national to the local.

The goal of the state as an economic entity is to ensure a stable economic order and economic development of the country.

Enterprises or business organizations are mainly private firms of various economic status - from individual to large joint-stock companies.

Business - it is any kind of direct activity for the purpose of generating income, involving the attraction of own funds, or indirect participation in such activities by investing in the business of own capital. In this sense, being an employee in a government agency or being employed by a company is not a business, but owning shares or running your own gas station is a business.

Business offers complete independence in making business decisions and appropriate responsibility for the results of these decisions.

The main function of business organizations is the production of the entire mass of goods and services and bringing them to the consumer. Their goal is to maximize profits.

The given structure of economic entities reflects not separate spheres of people's participation in social production, but the distribution of each member of society in various spheres of economic life.

The market economy consists of a large number of various production, trade, financial structures, bearing the generalized name of "organization", interacting within the framework of legal legislation.

The subjects of the market economy are: households, enterprises, the state.

households is a generalizing image of the consumer sector of the economy. These include all consumers, employees, owners of capital, means of production. They make their own decisions, strive to meet their needs.

Enterprises (organizations)- These are independent business entities that have the right of a legal entity and are registered in accordance with existing legislation. In a market economy, organizations acquire rights that ensure complete independence within the limits of legislative acts. They are completely free in the choice of activities, independent in making decisions and focusing on achieving ultimate success - making a profit. Organizations independently choose suppliers and buyers, have the right to participate in the capital of other enterprises with their own funds (granting a loan, acquiring shares, etc.).

However, the state through its services (structures) regulates the economic activities of enterprises (organizations), individual entrepreneurs: establishes tax rates, the minimum wage of the first category, controls the price level, etc. In the world, only those enterprises survive that comply with the following rules: produce products that the buyer needs; meet their quality requirements; reduce production costs in order to sell products at prices lower than those of competitors and ensure profit; have an income that allows to develop the multifaceted activities of the enterprise.

under the state understood by all government agencies that have legal and political power, exercising public administration at different levels. If necessary, they exercise control over economic entities and over the market to achieve national goals.

All business entities interact in various markets (products and services, means of production, finance), forming a stream of expenses and incomes. Household, i.e. consumers offer their labor, capital, entrepreneurial abilities to enterprises, which in turn demand these factors of production. Payment by an enterprise for factors of production is an expense for it, and for households it is income.

Household consumption shows what needs have been met. The output of products at enterprises allows you to determine what resources (funds) have been increased. The autonomy of households and businesses to make economic decisions about production and consumption depends on the economic system in which they interact.

However, at all stages of economic development, the main link is the organization (enterprise). At the enterprise, production is carried out, there is a direct connection between the worker and the means of production. But in the conditions of market relations, the key figure is the entrepreneur. The status of an entrepreneur is acquired through the state registration of an enterprise. In this case, the subject of entrepreneurial activity can be both an individual citizen and an association of citizens.

Thus, an enterprise (organization) is an independent economic entity created by an entrepreneur or an association of entrepreneurs to produce products, perform work and provide services in order to meet social needs and make a profit. It is a legal entity that has separate property in ownership, economic management or operational management and is liable for its obligations with this property. Legal entities must have an independent balance sheet.

From the point of view of the entire system of economic relations, economic entities of a market economy are presented as commercial and non-commercial organizations. Commercial pursue profit as the main goal of their activities. Non-commercial organizations do not aim to make a profit. They pursue other goals: political, charitable, etc. These include public, religious organizations, consumer cooperatives, charitable foundations and other forms provided by law. They can carry out entrepreneurial activity only insofar as it is necessary for their statutory purposes for which they were created.