Eketerina An. Volkova. Features of the historical development of the strategic joint stock companies (based on the materials of the railway industry)
UDK: 656.2
Eketerina An. Volkova - chief specialist of the Legal Protection and Project Support Department of the Legal department of the JSC ‘Federal Passenger Company’, post graduate of the Institute of legislation and Comparative Law under the government of the Russian Federation
Abstract. On the example of the development of the railway industry, the current paper has considered such a feature of strategic joint-stock companies (being the subjects of administrative law), as a special historical development. Strategic joint stock companies are leaders in the most important sectors of the country's economy, actively participating in state and public life. A stable current legal relationship with the state, as a general rule, is a consequence of functioning as a part of the state mechanism in the past. The example of railway transport clearly illustrates the process of the emergence of a new economic sector and constant control over it by the state apparatus, the transition for a long period from the initial use of private capital to state ownership and direct state administration, the subsequent transformation of a large mechanism of public administration into a strategic joint-stock company. The establishment of a federal executive body, as well as the high importance for ensuring the country’s well-being and security, predetermine the desire to maintain control over decision-making by a strategic joint-stock company. Such a transformation of a large state structure into the organizational and legal form of a commercial organization is due to the development of a market economy and the necessity to free the executive authorities from their unusual functionality. At the same time, strategic joint stock companies remain actually embedded in the system of state administration and take part in the exercise of powers by public authorities.
Keywords: subjects of administrative law; strategic joint stock companies; railway transport; public interest; history of public administration; government departments.
References:
- Zheleznyye dorogi Rossii: ot reformy k reforme [Railways of Russia: from reform to reform] / N. Ye. Aksenenko, B. M. Lapidus, A. S. Misharin. — Moskva : Transport, 2001.
- Kulikov, A. V. Osobennosti pravovogo regulirovaniya zheleznodorozhnogo transporta v Rossii i Yevropeyskom soyuze i neobkhodimost' ikh garmonizatsii [Features of legal regulation of railway transport in Russia and the European Union and the need for their harmonization] / A. V. Kulikov, N. I. Tyulenev // Transportnoye pravo. — 2019. — № 3. — S. 23—27.
- Mishina, N. V. Institutsionalizatsiya sredstv zheleznodorozhnoy pravovoy politiki Rossii na pervom etape razvitiya [Institutionalization of the means of the railway legal policy of Russia at the first stage of development] // Istoriya gosudarstva i prava. — 2008. — № 10. — S. 14—17.
- Morgunova, G. A. Problemy pravovogo regulirovaniya deyatel'nosti zheleznodorozhnogo transporta Rossii v usloviyakh reformirovaniya [Problems of legal regulation of the activity of railway transport in Russia in the context of reforming] // Transportnoye pravo. — 2005. — № 1. — S. 18—21.
- Passazhirskiy kompleks zheleznykh dorog [Passenger complex of railways]: monografiya / M. P. Akulov. — Sankt-Peterburg : Izdatel'stvo OOO Tipografiya «NP-Print», 2014.