Monopoly register. Natural monopoly

REGULATION OF NATURAL MONOPOLIES AND THE PROVISION OF SOCIALLY IMPORTANT SERVICES Certain sectors of the economy have traditionally been controlled by the state, either directly or through the creation of state-controlled enterprises. general rule states are prohibited

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Natural monopolies play a significant role in the economy of the Russian Federation and many other countries of the world. These enterprises are most often represented by large-scale businesses that are leading in their segment. They have the opportunity to develop large markets, including foreign ones, and become carriers of unique technologies. What is the specificity of the formation of natural monopolies? What role can they play in the economy of the state?

What is meant by natural monopoly?

A natural monopoly is a firm that has a production model that, for some reason, is significantly more efficient than that of other market players. For example, it could be a company with access to a cheap source of raw materials or electricity. She will have low costs associated with their purchase, as a result - to expose more low prices or work with greater profit and develop more dynamically.

Natural monopolies include enterprises that have the ability to monetize a resource that competing companies do not have. This is real, for example, when a company owns a toll highway. In this case, if there are no other transport routes between the objects that it connects or are not of such high quality, the enterprise will be able to profit on a monopoly basis by charging tolls.

Classification

A natural monopoly is an enterprise that can represent one or more industries. Therefore, one of the key criteria for classifying businesses of the corresponding type is belonging to one or another sphere of the economy. In the national economy of the Russian Federation, monopolies most often operate in the following industries: transport, fuel and energy complex, communications, utilities, nuclear industry, provision of postal services.

Another criterion for the classification of firms in question is that in whose possession the subjects of natural monopolies are. They can be state, municipal structures, individuals and corporations, foreign investors. The next criterion for the classification of natural monopolies is the organizational and legal form. Most often, a monopoly is represented by a public joint stock company, but their functioning will also be possible, for example, in the form of state corporations or unitary enterprises.

Reasons for the emergence of natural monopolies

What is the reason for the emergence of natural monopolies in the national economy? The reasons for this can be very different. One of the key factors influencing the formation of the sphere of natural monopolies in Russia was the mechanism of transformation of Soviet enterprises. Initially, they were adapted to the planned economy and, due to the lack of competition, occupied leading positions in one segment or another. On their basis, firms were formed that operate according to market principles in the conditions of the modern economy of the Russian Federation.

It can be noted that Soviet enterprises, which operated monopolistically in the national economy, generally retained their positions in a free market. In most cases, the state remained their owner, but private individuals were also attracted to invest in capital.

Another reason for the emergence of natural monopolies is relevant, including for Russia, - a high investment threshold for entering a particular industry. In order to start a business, for example, in the transport sector, huge capital is needed. Their owner will be interested in recouping their investments and establishing a company that will be able to operate in conditions of minimal competition. Therefore, the investor acquires, having spent a lot of capital, the bulk of those resources, thanks to which the company is going to make a profit in the future. For example, it builds a toll highway, and designed it in such a way that any alternative is likely to be less efficient due to its greater length or shorter width. Competition between natural monopolies is an extremely rare phenomenon, largely due to the fact that the corresponding type of enterprise is deliberately established in those areas where the divergence of interests of businesses will most likely not be observed.

Another mechanism for the formation of natural monopolies is the presence of administrative barriers to the registration and entry of new enterprises into the market. They can be expressed in excessively high requirements for certification, licenses and other permits, in the need for projects to comply with a very large number of GOSTs, standards and norms. As a result, it is easier for an investor to choose a business in an area that is easier to enter from the point of view of bureaucratic barriers. In turn, in the segment in which the investor refuses to participate, those entrepreneurs begin to operate, which, for one reason or another, can bypass or easily overcome administrative barriers.

What natural monopolies exist in the Russian Federation?

The activity of natural monopolies occupies a significant share in the Russian economy. It is customary to refer to the enterprises of the corresponding type in the Russian Federation as "Inter RAO", "Gazprom", Russian Railways, "Rosatom", "Russian Post".

They all have the features that characterize a typical natural monopoly. Examples of enterprises of the corresponding type can be found in various segments of the Russian economy. In each of them, the potential manifestation of those factors that we mentioned above is possible.

The state regulates natural monopolies in order to stimulate their fulfillment of a positive market role. In addition, the initiatives of the authorities may be associated with the desire to increase economic efficiency companies of the corresponding type. Later in the article we will consider this aspect in more detail.

Monopoly registers

It can be noted that in Russia the competent authorities keep records of enterprises that can be classified as natural monopolies. As a rule, this is done, in particular, federal Service according to tariffs. The institution maintains its own register of natural monopolies. It presents companies from a wide variety of segments.

The register of natural monopolies, formed by the FTS, includes enterprises in such industries as water supply in the field of public utilities, transportation natural gas by pipelines, rail, air, sea transport, telecommunications, nuclear power, transportation of oil. There are other authorities that register enterprises of this type. Thus, the Federal Antimonopoly Service maintains the register of natural monopoly entities.

Government contracts

It can be noted that in the national economy of the Russian Federation there may be firms that actually have signs of natural monopolies, but are not included in the corresponding register. In this case, due to the peculiarities of the provisions of the Federal Law No. 44 dated April 5, 2013, the acquisition of services from the relevant company by state and municipal authorities may be complicated. The fact is that in cases where the supplier of a particular service is the only one on the market, then government agencies have the right to conclude contracts with him only if he is included in the register of natural monopolies. In this sense, it is in the interests of the enterprise to get into the relevant list as quickly as possible in order to be able to conclude contracts with budgetary structures.

The role of natural monopolies in the market

Typically, the firms in question are very large businesses. Consequently, a natural monopoly is, first of all, the largest employer and taxpayer. Therefore, the state is interested in the effectiveness of firms of the corresponding type, since their activities can be a factor in filling in cash budget, as well as ensuring employment of the population - the most important social task. This determines the fact that the regulation of natural monopolies by the state is carried out in such a way that the current market positions of enterprises of the corresponding type are preserved, and there are no job cuts and a drop in revenue for them. Accordingly, social stability is also ensured in those regions where enterprises of this type operate.

Sometimes the services of natural monopolies are so in demand that firms of the corresponding type have no problems with revenue and profitability. In this case, government interference in the activities of enterprises can be minimized. The main thing is that the company timely fulfills its obligations to the country's budget. Speaking about the role of the state in the work of natural monopolies, it will be useful to consider in more detail the aspect of regulating the activities of enterprises of this type.

Regulation of monopolies

The activities of the subjects of natural monopolies can be regulated by the following main methods: the publication by the state of regulatory sources - industry, or having the status of federal regulatory legal acts, which directly determine the priorities in the management of enterprises of the corresponding type. Or the approval of other regulations affecting pricing in a particular segment. The first regulatory mechanism applies to enterprises owned by the state. The second begins to "work" in cases where the firm is owned primarily by individuals or foreign companies.

Significant aspect state regulation natural monopolies - law enforcement practice. It is important not only the content of regulatory legal acts issued by the authorities, but also the implementation of their provisions in market conditions. The practical need for state intervention in the sphere of natural monopolies may be due to various reasons.

For example, the work of enterprises of the corresponding type may cease to meet the objective criteria of competitiveness, when the products they produce begin to yield to the quality of foreign ones, as a result of which it becomes more and more difficult to sell them abroad. Consequently, the foreign exchange earnings of the state decrease, and budget revenues decrease. The state may be interested in promptly stimulating the necessary modernization of the production of its monopolies or those owned by private individuals in order to increase the competitiveness of their products.

Aid to monopolies from the state

The activity of the competent authorities in terms of regulating the activities of monopolies may be associated with the need to protect national market from the deployment, in turn, of foreign monopolies. Businesses of the same type in other countries, like in Russia, may have great financial opportunities, have access to unique resources that allow them to maintain a presence on a large number national markets.

In some cases, the state directly contributes to the solution possible difficulties in the functioning of the business model of natural monopolies. This can be expressed, for example, in providing companies with the appropriate type of loans on a priority basis and on preferential terms with a high probability of their subsequent write-off. State assistance to the firms in question can be expressed in support of their activities abroad, since the subjects of natural monopolies often work with international markets and their stability largely depends on the level of demand in foreign countries.

Enterprises of this type can have access to unique technologies and even develop them, having sufficient capital available. Therefore, in a number of cases, the state may be interested not only in the financial stability of firms of the corresponding type, but also in the fact that this or that natural monopoly continues to be the only or one of the few entities with rare technology. This circumstance can have a positive effect on the competitiveness of the country's economy, the state of affairs in other industries in which the corresponding technology can be used.

Note that the government may be significantly more preferable to the leadership of companies registered in it, rather than foreign in a particular segment. This is primarily due to the fact that the proceeds from the business of a company registered in a particular country with a high probability will remain in that country. This, in turn, contributes to the overall capitalization of the economy. Foreign firms often strive to transfer revenue outside the state as quickly as possible, although even so they can transfer significant amounts of tax payments to the budget of the country in which they operate.

Summary

So, natural monopolies in Russia are a significant part of the national economy. This is largely due to the fact that largest enterprises of the corresponding type were founded in the USSR in the absence of market competition, initially had a leading position in the market and access to those resources that were not available potential competitors... Russian Railways, Russian Post, Gazprom - each of these corporations based in the USSR can be considered a natural monopoly. There are certainly examples of firms of this type in many other industries. Natural monopolies are business entities that are the largest taxpayers and employers. Therefore, the state is interested in the stability of their work and, as far as possible, promotes this. At the same time, in a number of cases, the authorities may interfere in the activities of natural monopolies due to the need to modernize one or another segment of the market.

The enterprises in question, on the one hand, are a powerful pillar of the economy, since they accumulate significant amounts of capital, have the ability to invest in various innovative industries and become competitive in international scene... And this helps to increase the investment attractiveness of the national economy of the country as a whole. On the other hand, the lack of competition in those market segments in which natural monopolies operate can lead to the formation of conservative priorities among the managers of the respective businesses, as a result, to the opposite result, when the competitiveness of products decreases. Therefore, it is important for the country's authorities to monitor the processes taking place in the sphere of natural monopolies and to promote their effective development, maintaining a balance between the interests of the state and private investors.

Natural monopoly- This is a type of monopoly that occupies a privileged position in the market due to the technological features of production (exclusive ownership of resources, extremely high cost or exclusivity of the material and technical base).

Most often, natural monopolies are firms that manage labor-intensive infrastructures that are economically or technically impossible to re-create by other firms (for example: water supply, electricity, railways).

Subject of natural monopoly

The subject of natural monopoly is an economic entity ( entity), engaged in the production (sale) of goods under conditions of natural monopoly. Natural monopoly entities are created in the form joint stock companies and state municipal unitary enterprises... The law defines the groups of subjects of natural monopoly:

1. Subjects of natural monopoly in the fuel and energy complex. For example:

• transportation of gas through pipelines (GAZPROM),
• transportation of oil and oil products via main oil pipelines,
• transmission services electrical energy.

2. Subjects of natural monopoly on transport:

• railway transportation (but in the future it is planned to introduce competition here),
• provision of services for the use of public railway transport infrastructure.

3. Subjects of natural monopoly in the field of communications:

• postal services,
• telecommunication services.

A special bankruptcy procedure has been established for subjects of natural monopolies. If the sphere of natural monopoly itself degenerates into a competitive environment, containment of this process is not allowed.

Register of natural monopolies

The activities of subjects of natural monopolies are regulated by special legislative acts... Natural monopoly entities are included in the register. The register is maintained by the Federal Tariff Service. Those subjects are entered there, in respect of which state regulation and control is carried out in order to determine and establish tariff prices. The registry is publicly available. The register contains 3 parts:

• register of natural monopoly entities in the fuel and energy complex,
• register on subjects of natural monopolies in transport,
• register on subjects of natural monopolies in the field of communications.

Regulation of natural monopolies

Most pure monopolies are natural monopolies and are therefore subject to social regulation. Natural monopoly takes place in the branches of gas and water supply.

Most often in the sectors of public consumption ( communal services) there is abuse by natural monopolies, which can negatively affect the living standards of the population. First of all it comes on the increase in tariffs and prices by monopoly enterprises. This leads to an increase in production costs in other industries, and hence to an increase in prices for other goods. These facts determine the need for state regulation of such firms by special administrative bodies.

Bodies regulating natural monopolies apply methods of regulating the activities of subjects of natural monopolies:

• price regulation, through the determination (setting) of prices (tariffs) or their maximum level,
• determination of consumers subject to mandatory service, and (or) the establishment minimum level their provision in case of impossibility of satisfaction in in full needs for a product produced (sold) by a natural monopoly entity, taking into account the need to protect the rights and legitimate interests of citizens, ensure the security of the state, protect nature and cultural values.

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Natural monopolies under 44-FZ (Article 93) are organizations that can act as executors of government orders. Art. 93 44-FZ permits the purchase of their products as from a single supplier. We will tell you how to determine exactly who belongs to them.

List of natural monopolies according to Federal Law 44

We are talking about lists with the names of organizations that are legal monopolists:

• in transport terminals;
• sea ​​and river ports;
• airports.

To date, by Order of the FAS No. 1189/17 dated 09/08/2017, they were approved, the work of which is regulated by the department itself.

List and register: relationship of concepts

It is important that the FAS has the right to regulate the activities of only those organizations, information about which is contained in the List and in the Register. Moreover, many subjects of natural monopoly belong to both groups. But due to the fact that the first one affects specific objects transport infrastructure, and the second applies to entire sectors of the economy. Some companies may only be a member of one of them. Thus, the two documents complement each other.

Who is included in the list of subjects of natural monopolies of the Russian Federation

The first list consists of 114 organizations in transport terminals and seaports. The second is from 15 organizations in river ports. Finally, the third includes 94 subjects at airports. They all have different shapes property (LLC, FBU, JSC, etc.).

The register of subjects of natural monopolies is a list of organizations that occupy the position of monopolists in their field of activity. Which companies are listed on the register.

Read in our article:

The legislator has not formulated the definition of the register of natural monopoly entities. To understand what such a list is, you can use the terms that are in the corresponding normative act(Article 3 of the Federal Law of 17.08.1995 No. 147-FZ "On Natural Monopolies", hereinafter - Law No. 147-FZ).

A natural monopoly is called a monopoly that exists in the market under certain circumstances: when demand is more efficient without competition. The reasons for this situation:

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• technological features of production (lowering costs per unit of goods as the volume of production increases);
• the inability to replace the goods produced by the subject of natural monopoly.

The subject of a natural monopoly is a person who creates (sells) goods under the conditions of such a monopoly. Accordingly, the register is a database of organizations that operate in the absence of competition in a particular field of activity. The law permits such activities in the following areas:

• transportation of oil and oil products;
• railway transportation;
• services in transport terminals, ports and airports;
• transmission of electrical energy, electric power industry;
• use of the infrastructure of inland waterways;
• disposal of radioactive waste;
• water supply and sewerage using centralized systems, communal infrastructure systems;
• icebreaking assistance of ships, ice pilotage of ships in the water area of ​​the Northern Sea Route.

For example, there is the Register of Natural Monopoly Entities in the Fuel and Energy Complex, the Register of Natural Monopoly Entities in the Electric Power Industry, etc.

The Federal Antimonopoly Service is in charge of the register of natural monopoly entities

Responsibilities for maintaining the register are assigned to the regulatory bodies of such monopolies (Article 10 of Law No. 147-FZ). Several years ago, the Federal Tariff Service was responsible for this, but then there were changes. Therefore, sometimes the question arises as to who maintains the register of natural monopoly entities. In 2015, the FTS was abolished (decree of the President of the Russian Federation of July 21, 2015 No. 373 "On some issues government controlled and control in the field of antimonopoly and tariff regulation "). The functions of maintaining the register of natural monopoly entities were transferred to the FTS of the Russian Federation.

Information from the register is available on the FAS website. The data on the FTS website have lost their relevance. FAS generates a register based on information that comes from federal bodies executive power.

In order for the FAS to enter the organization into the register of natural monopoly entities in the Russian Federation or exclude it from the list, a statement from the organization will be required. The filing procedure was approved in a special order (section II of the order of the FTS of Russia dated 13.10.2010 No. 481-e):

1. The application must be drawn up on the letterhead of the organization in the form that was determined in the order (Appendices No. 2 and No. 4).
2. Documents are submitted on paper and in in electronic format(Paragraph 3, Clause 8 of Section II of Order No. 481-e).
3. The general period for considering an application is six months from the date of opening a case on the introduction, amendment or termination of regulation (clause 19 of Section II of Order No. 481-e).

In the text of Order No. 481-e, the legislator mentions the FTS. Currently, the decision is made by the territorial bodies of the FAS. This is evidenced by judicial practice.

For example, in a dispute over the recognition of the FTS order as illegal, the court involved a representative of the FAS () to participate in the case.

If the company is not in the register of natural monopoly entities in the Russian Federation, other documents will help to prove the status.

The fact that an organization is not included in the register of natural monopoly entities does not indisputably indicate that it does not have the status of an entity, taking into account the activities it carries out ().

The courts note that the lack of information about the company in the register is not “a determining factor in identifying the actual status of an enterprise as a subject of a natural monopoly. It is possible to establish the status based on the activities of the company (resolution Arbitration court Far Eastern District dated 06.06.2017 No. F03-2023 / 2017 in case No. A51-27367 / 2016).

The register will help participants in legal relations in economic activities.

The law prohibits natural monopoly entities from levying additional fees from their counterparties. If a company detects overpricing, it has the right to contact the antimonopoly service.

For example, the Federal Antimonopoly Service issued an order against Russian Railways. The court recognized the document as legal and upheld. Russian Railways levied an additional fee from the counterparty under the contract for the organization of transportation. The Antimonopoly Service and the court considered such actions unlawful. The defendant is the carrier who organizes the movement of goods in accordance with the established tariffs. Russian Railways does not have the right to demand an additional fee (). The plaintiff in the dispute used, among other things, the data of the register of natural monopoly entities.