Elements local finance are the finances of municipal unitary enterprises and organizations. Sources financial resources municipality serves part of the profit of municipal enterprises, revenue budgetary organizations from providing paid services on the territory in the field of healthcare, education, from the rental of municipal property.

Enterprises and organizations of other forms of ownership (other types of subordination) participate in the formation municipal finance through education trust funds, used for housing and communal construction, maintenance of economic and financial infrastructure, departmental facilities, financing of various municipal programs.

TO municipal finance can include insurance funds, formed at the expense of insurance companies and used to finance certain expenses of the territory (elimination of the consequences of natural disasters and catastrophes, financial crises, etc.).

The financial features of state and municipal unitary enterprises are determined by the lack of ownership of the enterprise to the property assigned to it. The property of unitary enterprises is not distributed among contributions or equity participation of employees.

The constituent document of unitary enterprises is the charter, which contains the following information:

subject and goals of activity;

the size of the authorized capital and other funds of funds;

procedure and sources of funds formation.

Only state and municipal enterprises can be unitary. A unitary enterprise may own property under the right of economic management or operational management.

A unitary enterprise is managed by a manager appointed by the owner. A unitary enterprise is liable for its obligations with all its property and is not liable for the obligations of the owner of its property.

The decision to create a unitary enterprise based on the right of economic management is taken by the appropriately authorized state body or authority local government, which approves its charter and establishes the size of the authorized and reserve funds. The authorized capital is fully payable by the owner at the time of reorganization of the unitary enterprise. A unitary enterprise is responsible to the owner and creditors for compliance with the value authorized capital size net assets. The authorized capital is reduced when the size of net assets becomes less than the authorized capital. Creditors of the unitary enterprise are notified of the upcoming reduction in the authorized capital, who may demand termination or early fulfillment of obligations by the debtor, as well as compensation for losses.

The owner of the property of a unitary enterprise based on the right of economic management determines the subject and goals of its activities, exercises control over the use for its intended purpose and the safety of the property belonging to the unitary enterprise. Part of the profit from the use of the property belongs to the owner. Legislative restrictions are established on the sale of real estate transferred to economic management, leasing it, using it as collateral, making a contribution to the authorized capital of business partnerships and companies, as well as other restrictions on the disposal of property without the consent of the owner.

A subsidiary is a legal entity that manages the property transferred to it by the unitary enterprise - the founder for economic management. The charter of the subsidiary is approved by the founder, who also appoints a manager and determines his powers. On subsidiary spreads general rule, according to which the owner of the property does not meet the obligations of the enterprise he created. An exception is the case of bankruptcy of an enterprise caused by its founder, who gives binding instructions or otherwise determines the actions of the legal entity. In this case, if the legal entity’s property is insufficient, subsidiary liability for its obligations can be assigned to the founder.

A unitary enterprise based on the right of operational management is a federal, state-owned enterprise. It is created by decision of the Government Russian Federation. Based on federally owned property. The charter of a state-owned enterprise is approved by the Government of the Russian Federation.

The Russian Federation bears subsidiary liability for the obligations of state-owned enterprises if its property is insufficient. Reorganization or liquidation of a state-owned enterprise is carried out only by decision of the Government of the Russian Federation.

The production and financial and economic activities of a unitary enterprise are carried out in accordance with the order plan and plant development plan. The authorized body annually, on the basis of the identified need for products, works, services produced by a unitary enterprise in order to ensure supplies for state needs, fulfill state orders and concluded contracts, approves and communicates to the plant three months before the start of the planned year, mandatory for execution and approval with the Ministry of Economy of Russia and the Ministry of Finance of Russia, an order plan taking into account the development plan of the unitary enterprise.

The order plan establishes the following main indicators:

volume of products, works, services, delivery times, prices and conditions for their change;

the wage fund and standards for its reduction in case of failure to meet the indicators of the order plan, as well as an increase in the wage fund is carried out at the expense of profit according to the standards established by the authorized bodies;

limits on the number of employees;

the amount of funds allocated from the federal budget and the conditions for their provision.

The unitary enterprise, in agreement with the authorized bodies, develops a development plan providing for:

measures necessary to ensure the sustainable operation of the enterprise in fulfilling the order plan and allowing independent financial - economic activity;

tasks for commissioning and decommissioning of production facilities;

assignments for the creation and development of new types of products;

assignment for training and retraining of personnel;

conditions for the implementation of the plan - the development of a unitary enterprise, including financial costs and sources of their development.

Products, works and services produced according to a plan - order, according to which, in accordance with current legislation, is not applied government regulation prices and tariffs are sold at prices and tariffs established by the authorized body.

Products, works and services produced in the course of independent economic activity are sold at prices and tariffs established by the plant, the enterprise independently or on a contractual basis, and in cases provided for by law- at state prices.

Topic 5. Features of the organization of finances of state and municipal unitary enterprises.

Introduction………………………………………………………………………………….3

1. Types of unitary enterprises…………………………….….4

2. Planning the activities of a unitary enterprise……..….6

3. Financing of unitary enterprises…………………….11

Conclusion…………………………………………………………….

List of sources and literature used…………………

Introduction

Currently, in light of the ongoing economic reforms in Russia, one of the most current issues problem remains effective management state property, creating the most adapted to modern economic model formations capable of meeting the needs of the state and municipalities.

Owning huge material assets, many unitary enterprises found themselves outside the sphere of influence of the state. The state, admittedly, has shown itself to be by no means the most prudent owner. However, despite the general trend towards a reduction in the number of unitary enterprises, it is premature to talk about the imminent disappearance of this phenomenon, and the largest federal state unitary enterprises are still among the most significant participants Russian market. As for municipal unitary enterprises, their number in the regions is lately increased.

Target course work– determine the features of organizing finances of state and municipal unitary enterprises.

· present the types of unitary enterprises;

· consider planning the activities of a unitary enterprise;

· disclose the financing of unitary enterprises.

1. Types of unitary enterprises

Unitary enterprises are created and operate in accordance with the Civil Code of the Russian Federation and the Federal Law “On State and Municipal Unitary Enterprises” dated November 14, 2002 No. 161-FZ and other regulatory legal acts.

A unitary enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owners. The property of a unitary enterprise belongs by right of ownership to the Russian Federation, a constituent entity of the Russian Federation or a municipal entity. A unitary enterprise does not have the right to create another unitary enterprise as a legal entity by transferring its property to it.

A unitary enterprise can, on its own behalf, acquire and exercise property and personal non-property rights, bear responsibilities, and be a plaintiff and defendant in court. A unitary enterprise must have an independent balance sheet.

In accordance with civil legislation in the Russian Federation, there are created and operated the following types unitary enterprises:

Unitary enterprises based on the right of economic management - federal state enterprise and a state enterprise of a constituent entity of the Russian Federation (hereinafter referred to as a state enterprise), a municipal enterprise;

Unitary enterprises based on the right of operational management are a federal government enterprise, a government enterprise of a constituent entity of the Russian Federation, a municipal government enterprise (hereinafter referred to as a government enterprise).

A unitary enterprise must have a full company name and the right to have an abbreviated company name in Russian, and also have the right to have a full and (or) abbreviated company name in the languages ​​of the peoples of the Russian Federation and (or) foreign language. The corporate name of a unitary enterprise in Russian cannot contain anything else reflecting its organizational, state or municipal enterprise in Russian must contain the words “federal state enterprise”, “state enterprise” or “municipal enterprise” and an indication of the owner of its property - the Russian Federation, a subject of the Russian Federation or municipality.

A unitary enterprise must have a round seal containing its full corporate name in Russian and an indication of its location. The seal of a unitary enterprise may also contain its corporate name in the languages ​​of the peoples of the Russian Federation and (or) a foreign language. A unitary enterprise has the right to have stamps and forms with its corporate name, its own emblem, as well as registered in the prescribed manner trademark and other means of individualization.

A unitary enterprise may have civil rights corresponding to the subject and goals of its activities, provided for in the charter of this unitary enterprise, and bear responsibilities associated with these activities. A unitary enterprise is created without a time limit, unless otherwise established by its charter.

Unitary enterprises can be participants (members) of commercial organizations, as well as non-profit organizations in which participation is allowed in accordance with the Federal Law legal entities. The decision on the participation of a unitary enterprise in a commercial or non-profit organization can only be accepted with the consent of the owner of the property of the unitary enterprise. Disposal of contribution (shares) in the authorized (share) capital economic company or partnership, as well as shares owned by a unitary enterprise, is carried out by the unitary enterprise only with the consent of the owner of its property.

A unitary enterprise, in agreement with the owner of its property, can create branches and open representative offices, information about which must be contained in the charter of the unitary enterprise.

A unitary enterprise is liable for its obligations with all its property. It is not liable for the obligations of the owner of its property (the Russian Federation, a constituent entity of the Russian Federation, a municipal entity). The Russian Federation, a subject of the Russian Federation, or a municipal entity are not liable for the obligations of a state or municipal enterprise, except in cases where the insolvency (bankruptcy) of such an enterprise is caused by the owner of its property. In these cases, if the property of a state or municipal enterprise is insufficient, the owner may be assigned subsidiary liability for its obligations.

2. P planning the activities of a unitary enterprise

Planning is one of those methods of economic management that were very actively and successfully developed by Soviet scientists. Considerable positive experience has been accumulated in this area, but in the early 90s the reform process domestic economy accompanied quite negative attitude to the idea of ​​planning. The role and importance of planning in general and financial planning in particular can be quite easily justified from various positions, so banal discussions about whether a plan is needed or not are hardly appropriate at the present time; Moreover, in the conditions of natural dynamic economic development, market stochasticity and ever-increasing competition, the role of this function at least does not decrease. It was the latter circumstance that the famous management specialist R. Ackoff partly had in mind, arguing that “it is better to plan for yourself - no matter how bad, than to be planned by others - no matter how well” [Ackoff].

Naturally, emerging market relations led not only to the introduction of new economic categories for our country, but also to the emergence of different approaches to planning. First of all, it should be noted that the need to draw up plans is determined by many reasons.

Let us highlight three of them, which, in our opinion, are the main ones:

- uncertainty of the future;

- coordinating role of the plan;

-optimization of economic consequences.

Indeed, if the future of a company or enterprise were absolutely predetermined, there would be no need to constantly develop plans or improve the methods of their preparation and structuring. From here, by the way, it is clear that the main goal of drawing up any plan is not to determine exact numbers and guidelines, since this is impossible to do in principle, but to identify for each of the most important directions a certain “corridor”, within the boundaries of which one or another indicator can vary.

The meaning of the coordinating (in a certain sense, system-forming) role of the plan is that the presence of well-structured, detailed and interconnected target settings disciplines both perspective and current activities, brings it into a certain system, allows the business entity to work without significant disruptions. This role is especially evident in largest companies that have a complex management structure, as well as at enterprises that actively use a “just-in-time” raw material supply system, when the volume of the current available stock of raw materials, materials and semi-finished products is calculated based on production needs for the next few hours or days.

The last reason for drawing up plans is that any discrepancy between the activities of the system requires financial costs(direct or indirect) to overcome it. The likelihood of such a mismatch occurring is much lower if the work is carried out according to plan; in addition, the negative financial consequences are less significant.

The basis for the development of enterprise plans should be an assessment of the planned actions, taking into account existing economic and production conditions and the resources available to the business entity, as well as the nature of the market that is expected to prevail during the life of the plan. Important factors Other factors that should be taken into account when developing plans are the level of competition, the nature of the industry in which the economic entity operates, and the size of the enterprise itself. Should not be underestimated general level economic development and the stage of the country's economic cycle, as they impose serious restrictions on the prospects for the development of certain types of activities. For example, during periods of economic difficulties there is sharp drop sales in areas computer software business and foreign tourism. Plans providing for the expansion of enterprises in these industries during a period of general economic recession in the country cannot be considered satisfactory, since their implementation in these conditions is very problematic.

Unitary enterprise (UE) is a commercial organization that is not vested with the right of ownership of the property assigned to it.

The main characteristic of a unitary enterprise is the indivisibility of its property and the impossibility of distributing it among deposits (shares, shares), including among employees of the unitary enterprise. The property of a unitary enterprise may be in state or private ownership of an individual or legal entity.

There are:

UE on the basis of economic management (republican, municipal, private, subsidiary UE);

UP with the rights of operational management (UP, created by decision of the government of the Republic of Belarus (state-owned).

Unitary enterprises with the right of economic management are created by decision of an authorized state body or local government body or self-government, and therefore the property is in state ownership. Such enterprises are liable for their obligations with all the property they own, but are not liable for the obligations of the owner, i.e. states. The unitary enterprise is managed by a person appointed by a government agency. The authorized capital is formed in the amount of at least 800 euros. To state registration The authorized capital of the enterprise must be fully paid by the owner of the enterprise's property. If the authorized capital decreases or increases, then this must be registered. The formation, distribution of profits, interaction with budgetary and extra-budgetary funds is carried out in the manner established by law. Liquidation is carried out by decision of the owner or in a bankruptcy case.

The unitary enterprise with the right of operational management is created by decision of the government of the Republic of Belarus. It is liable only with its property, but the government bears subsidiary liability for the obligations of such an enterprise. The enterprise disposes of its property only with the consent of the owner, however, the sale of products occurs independently, unless otherwise provided by the charter. The head is a hired director who coordinates all decisions with the government. Formation and distribution of profits, liquidation, reorganization - in the generally established order. The government provides benefits for such enterprises.

4. Features of finance of joint ventures

Legal entities in the authorized capital of which foreign investments amount to a volume equivalent to at least 20,000 US dollars, and which pursue profit (income) as the main goal of their activities, are recognized on the territory of the Republic of Belarus as commercial organizations with foreign investments.

According to the ownership of capital, they distinguish foreign enterprises and joint ventures (mixed).

Foreign enterprise – This is a commercial enterprise, in the authorized capital of which foreign investments make up 100 percent.

Joint Venture (JV) is a commercial organization whose authorized capital consists of the share of a foreign investor and the share of individuals and (or) legal entities of the Republic of Belarus. A joint venture is a form of economic cooperation with a foreign partner, in which a common production base is created and a product that is jointly owned is produced. The main feature of the joint venture is the presence of domestic and foreign capital.

The procedure for the formation and payment of the authorized capital depends on the organizational and legal form in which the joint venture is created. The results of the joint venture's activities depend on the size and structure of the authorized capital. Contributions to the authorized capital can be in the form of equipment, material assets, cash, property and other rights.

JVs can be organized in various forms:

Service.

Trading.

Intermediary.

JVs can be created under various conditions:

for one transaction;

for a certain period;

for an indefinite period.

The advantages of creating a joint venture for the Republic of Belarus are as follows:

obtaining certain competitive advantages;

positive social effect;

intensification of production activities;

receiving a number of tax benefits.

In the Republic of Belarus, when creating a joint venture, the following goals are pursued:

attracting additional financial resources and material resources;

development of the export base;

acquisition of management experience;

development of production using advanced equipment and technologies;

creation of additional jobs;

meeting the population's demand for certain types goods;

replenishment of the budget and extra-budgetary funds.

When creating a joint venture, a foreign partner solves the following tasks:

attracting cheap labor;

acquisition of new sales channels;

acquisition of sources of raw materials.

The creation of a joint venture is based on an agreement between the participants, the signing of which requires:

taking the initiative to create a joint venture and select the type of activity;

search for a foreign partner;

development of a project feasibility study for the creation of a joint venture;

preparation of a protocol of intent (partners’ obligations, scope of activities);

drawing up constituent documents;

obtaining consent from local authorities;

the process of creating a joint venture (formation and payment of the authorized capital, registration, licensing, opening accounts).

The peculiarity of the joint venture is manifested in the management, which includes the following bodies:

supreme body (Council, Management Board);

executive body;

supervisory authority;

working groups, specialists.

Depending on the degree of participation of partners in management, the following types of joint ventures are distinguished:

autonomous – the governing bodies of which are autonomous in relation to the owners;

majority, in which main role one of the partners plays in the management;

parity, where management functions are divided between partners, depending on the contribution.

Revenue in foreign currency from the export of products of own production of a joint venture, in the authorized capital of which the share of a foreign investor is more than 30 percent, after paying taxes and other mandatory payments remains at the disposal of the joint venture.

Profit generation occurs through the sale of products, both in the domestic market and in foreign markets. When distributing profits, a share proportion is used, taking into account the share in the authorized capital of each partner.

During liquidation or reorganization, issues are resolved in accordance with the procedure generally established by law.

A production cooperative is recognized as a voluntary association of citizens on the basis of membership for joint production or other economic activities (production, processing, marketing of industrial, agricultural and other products, performance of work, trade, consumer services, provision of other services), based on their personal labor and other participation and the pooling of property share contributions by its members (participants) (clause 1 of Article 107 of the Civil Code of the Russian Federation).

A production cooperative is formed solely by the decision of its founders. The number of members of the cooperative should not be less than 5 people. Members of a production cooperative bear subsidiary liability for the obligations of the cooperative in the amount and in the manner prescribed by the law on production cooperatives and the charter of the cooperative.

The highest governing body of a production cooperative is the general meeting of its members.

Each member of the cooperative, regardless of the size of his share contribution, has one vote when making decisions at the general meeting.

In a cooperative with more than 50 members, a supervisory board can be created to monitor the activities executive bodies cooperative.

The executive bodies of the cooperative are the board and (or) its chairman. They carry out the ongoing management of the activities of the cooperative and are accountable to the supervisory board and the general meeting of members of the cooperative. Only members of the cooperative can be members of the supervisory board and board of the cooperative, as well as the chairman of the cooperative. A member of a cooperative cannot simultaneously be a member of the supervisory board and a member of the board or chairman of the cooperative.

The founding document of a production cooperative is the charter, approved by general meeting its members.

The property of the cooperative is divided into shares of its members in accordance with the charter of the cooperative. The right of a member of a cooperative to a share means the opportunity, in the event of termination of membership or liquidation of the cooperative, to receive the value of the share or property corresponding to his share. A cooperative member's share consists of his share contribution and the corresponding part of net assets. The share contribution of a member of a cooperative can be money, securities, other property, including property rights, as well as other objects civil rights having a monetary value. The amount of the share contribution is established by the charter of the cooperative. By the time of state registration of the cooperative, a member of the cooperative is required to make at least 10% of the share contribution. The rest is paid within a year from the date of state registration of the cooperative.

The distribution of profits between members of the cooperative is carried out in accordance not only with personal labor participation member of the cooperative, but also the size of his share contribution.

A member of a cooperative has the right to leave the cooperative at his own discretion. In this case, he must be paid the value of the share or given property corresponding to his share.

A member of a cooperative has the right to transfer his share or part thereof to another member of the cooperative, as well as to another person who is not a member of the cooperative, with the consent of its members.

A production cooperative can be transformed by unanimous decision of its members into business partnership or society. The production cooperative is liquidated on the grounds established by Art. 61 of the Civil Code of the Russian Federation, and on other grounds.

After the liquidation of a production cooperative, the remaining property is distributed in accordance with the labor participation of the members of the cooperative, unless a different distribution procedure is provided for by the charter of the cooperative or an agreement between its members.

A unitary enterprise is a commercial organization that is not endowed with the right of ownership to the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise.

The property of a state or municipal unitary enterprise is respectively in state or municipal ownership and belongs to such an enterprise on the right of economic management (unitary enterprise based on the right of economic management) or operational management (unitary enterprise based on the right of operational management (state-owned enterprise)).

Features of the finances of unitary enterprises lie in the methods of generating sources of financial resources.

The finances of unitary enterprises differ markedly from the finances of organizations and, above all, finances joint stock companies. These differences consist in the formation of the authorized capital, the formation and use of profits, the attraction of budgetary sources of financing and borrowed capital.

The authorized capital of unitary enterprises is formed at the expense of the main and current assets, its size is reflected in the balance sheet of the enterprise on the date of approval of the charter. The size of the authorized capital of a municipal unitary enterprise must be at least 1000 minimum wages established federal law on the date of state registration of a municipal enterprise, and a state unitary enterprise - at least 5000 minimum wages. The authorized capital in a unitary enterprise performs the same functions as authorized capital in others commercial organizations. In addition to the fact that the authorized capital is the material basis for conducting economic activities by a unitary enterprise, it acts as an indicator of its effectiveness.

If at the end financial year the value of the net assets of the municipal enterprise will be less than established minimum size the authorized capital on the date of state registration of such an enterprise and within a three-month period the value of net assets is not restored to the size of the minimum authorized capital, the owner of the municipal enterprise must decide to liquidate it.

If the owner does not make a decision within three months to restore the size of net assets to the minimum size of the authorized capital, creditors have the right to demand from such a municipal enterprise the termination or early fulfillment of obligations and compensation for losses caused.

An important source the formation of financial resources of a unitary enterprise is profit. It is formed in the same order as in other commercial organizations. However, the Budget Code of the Russian Federation defines the profit of unitary enterprises as a source of non-tax budget revenues. State and municipal unitary enterprises annually transfer to the appropriate budget part of the profit remaining at their disposal after paying taxes and other obligatory payments. The procedure, amounts and terms of payments are determined by the government of the Russian Federation, authorized bodies state power subjects of the Russian Federation or local governments.

Part of the profit of a unitary enterprise for the previous year, subject to transfer to the federal budget in the current year, is determined by a decision of the federal body executive branch no later than May 1 based on the report on the enterprise’s activities for last year and the approved program of the enterprise’s activities. In this case, the part of the profit to be transferred to the federal budget is calculated by reducing the amount net profit(retained earnings) of the enterprise for the past year in the amount of expenses approved as part of the enterprise’s activity program for the current year for the implementation of measures for its development, carried out at the expense of net profit.

The procedure for distributing profits in a unitary enterprise is determined by its charter. In accordance with the charter, after-tax profits are transferred to the fund material incentives, social event fund and other incentive funds.

By decision of the owner, part of the net profit remaining at the disposal of the enterprise can be used to increase its authorized capital.

The remaining part of the net profit after mandatory deductions is used by the enterprise for:

Introduction, development new technology and technologies, security measures environment and labor;

Development and expansion of the financial and economic activities of the enterprise, replenishment of current assets;

Construction, reconstruction, renovation of fixed assets;

Conducting research work, studying market conditions, consumer demand, marketing.

A feature of the finances of unitary enterprises may be their use of targeted budget sources of financing. Allocations from the federal, regional and local budgets are directed primarily to the implementation of individual programs and activities of a social nature.

These allocations are provided in the form of grants, subventions and subsidies.

Subsidies are budget funds provided on the basis of shared financing of expenses for the implementation of programs and projects, as well as for the development and implementation of the statutory activities of unitary enterprises.

Subventions (budget funds that are provided free of charge); a type of subvention - a grant that can be provided for ownership or use both in the form of money and in the form of property.

State unitary enterprises, including municipal ones, can receive from government agency or local government subsidies to cover losses. These funds are not the basis for taxation. Subsidies are one of the forms state aid in the form of allocation of funds from the budget aimed at financing both capital investments and current expenses. Such expenses may include additional costs of a unitary enterprise in connection with conversion, the purchase of feed, heating costs for housing and greenhouses, etc.

Now let's turn to the features of attracting borrowed funds unitary enterprises. Due to the fact that a unitary enterprise is not the owner of the property, the use of borrowed funds as sources of financial resources becomes quite problematic. It cannot, for example, provide security for a loan without the consent of the owner. credit organizations real estate. The peculiarity of the organizational and legal form of a unitary enterprise puts it in unequal conditions with other participants in business turnover due to limited sources of financial resources.

Considering this circumstance, the owner can provide budget loans to unitary enterprises that lack financial resources for use on the terms of repayment and payment. The provision of budget loans by a unitary enterprise is carried out on the basis of Art. 6 of the Budget Code of the Russian Federation.

The source of repayment of interest on a budget loan is the cost price.

Accrued interest on loans used for investments and conversion activities increases book value investments in accordance with the Regulations on accounting"Accounting for fixed assets." A budget loan can be obtained for the supply (of goods) for the needs of the owner of a unitary enterprise. In these relations, the owner of a unitary enterprise acts as a customer and creditor.