ON THE IMPLEMENTATION OF OECD GUIDELINES FOR CORPORATE GOVERNANCE OF STATE-OWNED ENTERPRISES IN THE LEGISLATION OF UKRAINE
The article deals with the development and substantiation of proposals for further implementation of the OECD Guidelines in the legislation of Ukraine. Based on the analysis of the legislation and practical activity of state-owned enterprises (SOE) in different countries, the following methods are proposed to improve the state of corporate governance in the public sector of Ukraine and harmonizing it with the OECD standards: strengthening the centralized management of state-owned commercial enterprises, as well as delimiting the functions of the state as a founder (shareholder) of enterprises and as a regulator of economic activity by establishing a State-Owned Holding Company with a gradual transfer of only asset package of SOEs and shares in the authorized capital of the economic partnerships operating mainly for commercial purposes and will not be subject to privatization in the short term into its management (to its authorized capital) and in the sphere of management (to authorized capital) of its corporate enterprises; broadening the powers of supervisory boards of SOEs to the extent recommended by the OECD Guidelines; – ensuring a clear division of powers between supervisory boards of business entities of the public sector of the economy and other agencies involved in the management of the activities of such entities; holding general meetings and (or) meetings of supervisory councils in the course of the adoption by the state authorities of decisions on state-controlled economic partnerships, in which, in addition to the state, there are other participants (shareholders); ensuring the publication of the most relevant information about the purpose and state of the SOE on a single specialized web-portal, as well as specifying the requirements regarding the content and scope of each type of information to be made public.
Medium-Term Plan of Priority Actions of the Government until 2020: Approved by the Order of the Cabinet of Ministers of Ukraine No. 275-r dated April 3, 2017. Official Web Portal of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/275-2017-%D1%80.
Reform on the Management of State-Owned Enterprises. Unified Web Portal of Executive Bodies of Ukraine. URL: www.kmu.gov.ua/ua/diyalnist/reformi/ekonomichne-zrostannya/prodazh-neefektivnogo-derzhavnogo-majna.
On Approval of the Strategy for Improving the Efficiency of Business Entities of the Public Sector of the Economy: Order of the Cabinet of Ministers of Ukraine No. 662-r dated May 27, 2015. Official Web Portal of the Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/662-2015-%D1%80.
OECD (2015), Guidelines on Corporate Governance of State-Owned Enterprises, 2015 Edition, OECD Publishing, Paris. URL: http://dx.doi.org/10.1787/9789264244160-en.
On amendments to certain legislative acts of Ukraine on the management of state and municipal property: Law of Ukraine No. 1405-VIII dated June 2, 2016. Vidomosti of the Verkhovna Rada of Ukraine. 2016. No. 28. Article 533.
Anjali Kumar. (1993). State Holding Companies and Public Enterprises in Transition. N.Y.: St. Martin’s Press. 295 p.
Pryke, R. (1971). Public enterprise in practice: The British experience of nationalization over two decades. London: MacGibbon and Kee.
Lindsay, C.M. (1976). A theory of government enterprise. Journal of Political Economy, 84(5), 1061–1077.
Vernon, R. (1979). The international aspects of state-owned enterprises. Journal of International Business Studies, 10(1), 7–14.
Kaldor, N. (1980). Public or private enterprise – The issue to be considered. Baumol W.J. (Ed.). Public and private enterprises in a mixed economy, New York: St. Martin’s. 1–12.
Aharoni, Y. (1982). State-owned enterprise: An agent without a principal. Jones L. (Ed.). Public enterprise in less-developed countries, New York: Cambridge University Press. 67–76.
Trebat, T.J. (1985). Brazil’s state-owned enterprises: A case study of the state as entrepreneur. New York: Cambridge University Press.
Aharoni, Y. (1986). The evolution and management of state owned enterprises. Cambridge: MA: Ballinger Publishing.
Levy, B. (1987). A theory of public enterprise behavior. Journal of Economic Behavior and Organization, 8(1), 75–96.
Lawson, C. (1994). The theory of state-owned enterprises in market economies. Journal of Economic Surveys, 8(3), 284–309.
Stevens, P. National oil companies and international oil companies in the Middle East: Under the shadow of government and the resource nationalism cycle. The Journal of World Energy Law & Business, Volume 1, Issue 1, 5–30. https://doi.org/10.1093/jwelb/jwn004.
Arocena, P., & Oliveros, D. (2012). The efficiency of state-owned and privatized firms: Does ownership make a difference? International Journal of Production Economics, 140(1), 457–465.
Cuervo-Cazurra, A., Inkpen, A., Musacchio, A. et al. (2014). J Int Bus Stud. 45–919. URL: https://doi.org/10.1057/jibs.2014.43.
OECD (2019). State-Owned Enterprise Reform in the Hydrocarbons Sector in Ukraine. URL: www.oecd.org/corporate/SOE-Review-Ukraine-Hydrocarbons.htm.
Zakharchenko, A. (2017). State property management (economic and legal aspects). Thesis for grant of Doctor of Law degree in the specialty 12.00.04 «Economic law, economic procedure law» (081 – Law). Kyiv. 193–200.
Features of the Singapore National Fund Temasek: Information and Analytical Material. URL: https://docplayer.ru/26475692-Osobennosti-deyatelnosti-singapurskogo-nacionalnogo-fonda-temasek.html.
Temasek. URL: www.temasek.com.sg/en/who-we-are/about-us.html.
Samruk-Kazyna National Welfare Fund. URL: www.sk.kz/about-fund.
Khazanah Nasional: Corporate-Profile. URL: www.khazanah.com.my/About-Khazanah/Corporate-Profile.
OECD (2011). State-Owned Enterprise Governance Reform: An Inventory of Recent Change. URL: www.oecd.org/daf/ca/48455108.pdf.
Magyar Nemzeti Vagyonkezelő Zrt. URL: www.mnvzrt.hu/.
Solidium Oy. URL: www.solidium.fi/en/.
Analytical Review of TOP-100 Largest State-Owned Enterprises of Ukraine for 6 Months of 2018. Portal of State-Owned Enterprises of Ukraine. URL: https://prozvit.com.ua.
Some Issues Concerning National Joint-Stock Company “Naftogaz of Ukraine”: Resolution of the Cabinet of Ministers of Ukraine No. 226 dated March 6, 2019. Uriadovyi Kurier. 2019. March 20.
On amendments to certain legislative acts of Ukraine regarding improvement of corporate governance of legal entities where the state is the shareholder (founder, participant): Draft Law of Ukraine (Reg. No. 6428 dd. 10 May 2017). Official Web Portal of the Verkhovna Rada of Ukraine. URL: http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=61755.
The Economic Code of Ukraine dated January 16, 2003. No. 436-IV. Retrieved from https://zakon.rada.gov.ua/laws/show/436-15.
On the Management of State-Owned Objects: Law of Ukraine No. 185-V dated September 21, 2006. Vidomosti of the Verkhovna Rada of Ukraine. 2006. No. 46. Article 456. (With amendments).
On approval of the procedure for the publication of information on the activities of state unitary enterprises and economic associations, in which more than 50 percent of the shares in the authorized capital belong to the state, as well as economic partnerships, in which 50 percent or more of shares belong to economic partnerships, the share of the state in which is 100 percent: Resolution of the Cabinet of Ministers of Ukraine No. 1067 dated November 9, 2016. Ofitsiinyi Visnyk Ukrainy. 2017. No. 26. Article 737.
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