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История государства и права России. Положение о государственных промышленных трестах (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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78. Regulations on state industrial trusts

The period of the NEP is associated with the spread of economic companies. There was a need for legislative regulation of their legal status. This was done by the Regulation "On Trusts" on April 10, 1923.

The regulation allowed the establishment of state trusts.

Trust - the simplest form of economic society. Trusts were established in the industrial economy.

State trusts in the USSR had the status of a legal entity. The regulation on trusts established that the trust is an association of related industrial enterprises and at the same time - the main production and economic entity of civil legal relations in the RSFSR.

Signs of state trusts:

1) the rights and obligations of legal entities (for example, the right to act in civil circulation on their own behalf, to be a plaintiff and defendant in court and arbitration);

2) separate property of the trust, but not included in the scope of the property of the trust;

3) ownership of the manufactured products and free disposal of them.

The regulation fixed the principles of state economic institutions - commercial settlement in the presence of the goal of making a profit.

The general policy of the NEP (and the Regulations) provided part of the nationalized medium and small enterprises to cooperative associations of citizens and private individuals on a leasehold basis, i.e., features of the capitalist economic system with certain socialist features appeared (enterprises were still owned by the state) - state capitalism .

Signs of state capitalism:

1) the lease agreement for enterprises included only those conditions (including those defining the rights and obligations of the tenant) that were established by the state;

2) the state had the right to conclude commercial concession agreements with citizens and their cooperative associations, i.e., to lease economic objects (enterprises) to foreigners, while the concessionaires had to obey the terms of the agreement determined by the Soviet state, for example, the wages of workers of these enterprises must be set not lower than the legislatively fixed in the RSFSR, and working hours - no more than a 40-hour working week, with the obligatory provision of vacations to workers and all guarantees and compensations to employees established at that time in the RSFSR.

The main right under the terms of the agreement between the Soviet state and the trusts on the provision of enterprise property is the right of economic management, i.e., all the property of the enterprise could not be the property of the trust, which only had the right to improve this property, increase it and the cost of maintaining the enterprise.

The property of the enterprise included: the actual production facility, the adjacent necessary territory, technical equipment, etc.

Peculiarities of Mutual Rights and Obligations of the State and Trusts:

1) the state did not answer for the debts of the trusts, but the trusts did not answer for the debts of the state;

2) all the profits of the trust were to be deducted to the income of the treasury, only 20% of the profits and deductions to the fund for improving the living conditions of workers and funds for material incentives were transferred to the ownership of the trust (to the reserve capital account).

Authors: Dudkina L.V., Shcherbakova O.V.

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