IMPROVEMENT OF REGULATING ECONOMIC LEGISLATIONS, WITH A MULTIPLE FORM OF ECONOMIC AND PROPERTY, IS THE KEY TO PROSPECTIVE SUCCESS
Senior lecturer of the department "Insurance",
candidate of legal sciences of the Turkmen State Institute of Finance.
Lecturer at the Financial and
Economic Vocational School of the Dashoguz velayat
By establishing the independence of states, in the basic law of states, the Constitution of Turkmenistan and other regulatory legal sources, new conditions, procedures, discipline for economic activities of entities were introduced, based on the requirements of a market economy. In which they were concretized on the stage transition to a market economic legal relationship. With new market concepts, terms, economic levers, they, in the long term, were supposed to define and regulate the market relations of the parties in society. Which are formulated and called in the form of diversification, innovation, Nanotechnology, investment, marketing, management, broker, dividend, share, excise duty, joint-stock company, stock exchange quotation, customs fees (duties), lease leasing relations, digital economy and a whole series of other new names, terms and names in the economic relationship. On the basis of all this, in order to legitimately regulate all these emerging novelties, as in the order of other new relations, a number of new legal sources were adopted. In order to understand the new terminology and the meaning of these legal relations, comprehensive studies were required and, accordingly, adapted in society. Proceeding from this, in the transitional period, an order and discipline was established for the stage-by-stage transition to a market economy, as a whole in the state and social system. Because in these regulatory novelties, a whole series of economic order, discipline was established, which are enshrined in the corresponding legal source. On the basis of the requirements of these normative acts, on the scale of the states, more advanced types and forms of ownership were created, as well as modern forms of organization and management of economic activities, in accordance with the requirements of the time. These types of property include: state property and property of state organizations, institutions, enterprises and other legal entities, individuals, regardless of the form of organization and management of economic activity. They, too, in their turn are still divided, according to the dependence of the names of these structural units, as private, individual, cooperative and other types of property. As well as property of public organizations, they include: property of democratic, agrarian, entrepreneurial parties, youth, women, veterans and trade union organizations. Together with them, there are united types of property in the form of joint-stock companies, daikhan associations, small enterprises, firms, daikhan, cooperative, farms, rental farms and on- farm rental contractors, and entrepreneurs. Together with them, there is a whole series of property related to which societies, services, clergy and other structural units. As well as the property of international organizations, institutions, enterprises, foreign states and their legal entities, individuals and a number of other types of property that were not previously operating on the territory of states and societies. Together with the property, exactly in the same order, nature, quantity, volume and names, the forms of organization and management of the economic activities of the subjects were formed. They are also divided, the so-called top-down, into successive structural-management units. Acting on budgetary or self-supporting appropriations, or funds, in the form of an independent owner. At the same time, they are divided according to the performance of functional duties arising in the order of fulfilling the requirements of laws and statutory economic activities. Such economic activities include: production, processing of products, supply, provision of means of production, goods, components, products, spare parts, services, construction, commerce and a number of other types of activities. Which are not prohibited by regulatory laws, based on statutory or patent (business) activities of the entity. On the basis of the foregoing, these structural units are separately granted authorized rights, duties and responsibilities for the organization and management of economic activities, as well as for the disposal of their properties. Based on the requirements of these regulatory legal acts and the fulfillment of the requirements of the conditions of market, self-supporting and statutory activities in relations. Regardless of the form of ownership, organization and management of economic activities. It is especially developed with a market-based economic relationship. For all-round development of the subject's activity, which is the main and necessary condition for business. With a market economic relationship, these economic activities include: independence, self-financing and self-sufficiency. Which are enshrined in the relevant regulations of the market economy. Indeed, if we analyze from the point of view of the economy, without granting independence in the economic activity of the subject, how they will maneuver and select more effective directions of production and economic activity. Although, in addition to agricultural enterprises operating in the structure of state ownership, we have been granted the afore- mentioned listed market powers. These legal powers, in the transition period to a market economy, were not granted to daikhan associations (created on the basis of former collective and state farms). The restriction of the authority is confirmed by maintaining government orders (production of raw cotton and wheat only) and establishing fixed purchase prices for agricultural products grown by the states. These products, today, for bearing in the cultural zone (on the developed remain the main, as well as the main, specific volume, in comparison with other types of products. Although on the scale of the states, the existing structural units, except for daikhan associations, throughout the industry, regardless of the form of ownership, organization and management of activities, are given almost full rights and opportunities. Of course, these restrictions are a temporary action, in the transition period to a market economy, we hope that from time to time it will be canceled. The preservation of such restrictions on the part of states is a natural requirement of the transition period to a market economy. Although the relaxation of restrictions on the part of states became clearly visible after the adoption of the Resolutions of the Khalk Maslakhat (People's Conferences) of September 25, 2018. This decree established the conditions for the provision of land from the state reserve (not developed), for lease, for a period of up to 99 years. Of the total volume of land provided, the lessee, in the amount of 70%, must grow products on the basis of a state or- der and deliver products at the level of fixed purchase prices. The price for raw cotton, today, for ordinary varieties is 1,040 manats, for fine-fiber varieties 1,500 manats, and wheat at 400 manats per 1 ton, depending on the variety, based on moisture and contamination of products. On the rest of 30% of the land, the tenants were given full rights to cultivate the type and sell products, at their discretion, depending on the demand of the consumption market and on the basis of market prices. Even the current daikhan association was given the right to transfer land from the cultural zone, by an on-farm rental contractor, on a short-term basis, for a period of up to six months, for the cultivation of early ripening cereals, vegetables and melons, legumes and other types of products. Only after harvesting winter cereals is wheat harvest (in June and July months of the year), from the cultivated fertile zone, the daikhan association. This sensible approach towards christening has become a more challenging opportunity for them. Thanks to this, the peasants began to grow previously unknown and rare grain products for our region, the so- called millet, soybeans, buckwheat, beans of various varieties and light, along with rice, mice, corn, a sunflower bag, potatoes, markers, cabbage, beets, jugara, sesame seeds and other varieties of early maturing greens and herbs. The yield on these crops, in fact, was high. The average was 40-50 centner per hectare. Surely they worked selflessly. On the basis of all this, the state also gave the peasants permits (licenses) to export products outside the states. Accordingly, peasants began to sell their products in bulk to Afghan and Iranian wholesale consumers through their local entrepreneurs. Allegedly, they also sell products in transit, through them- selves, to the Arab state, where there is endless confrontation and war. Accordingly, our tenants sold products, previously unknown levels, sizes, volumes and prices, from 8 to 12 manats, or an average of 0.4 (10 man: 25 man.) American dollars per 1 kg. Indeed, for producers, such a price level for these products, in material terms, has become so stimulating. As a result, they became more productive. Of course, in comparison, the production of products, on the terms of an on-farm lease contract, on the terms of the state order and the sale of products at fixed purchase prices, was much profitable. Because, growing products on the terms of an on-farm lease contract, they cost them mostly unprofitable. Because the cost of working capital and mechanized services, compared to the cost of purchase prices, growing products, did not balance the proceeds at the level of the state order, that is, did not cover the costs, respectively, they only turned out to be unprofitable. Since on farm cotton and wheat rental contractors, mainly working capital and technical services, purchased and provided themselves, through private and individual suppliers, at market prices. Because government suppliers, these means of production and the provision of technical services, did not perform, at the appropriate level and in time. These state services today include the enterprises "Oba khyzmat" ("Selkhoz-tekhnika") and "Turkmenhimiya", "Turkmentohum" ("Turkmensemena"). As a result, all these negatively reflected on the positive activity of on farm rental contractors, moreover, this story, for a long time, without responsibility, continues. We hope that, with a complete transition to market relations, privatization of fixed assets of production and land, all these problems listed above, for farmers, will be a fact of the past. At the time of the union, there were two regulations on the regulation of economic relations, the so-called "Provisions for the supply of consumer goods" and "Provisions for the supply of technical products." Each of them had between 800 and 900 pages. They covered all the economic activities of enterprises. Starting from organization, management, reorganization and transgressing activities, in order of sequence. Even in them were the organization of wages, social issues, the quality of products, services, the provision of funds for products, goods, terms of delivery and transportation, the amount of penalties for violations of contractual obligations, the procedure for considering economic disputes and other relevant issues related to the economic activity of the entity. ... It is the semblance of such a codified code that is required today, in the period of market relations, in our society.
1. Gurbanguly Berdimuhamedov “State regulation of social and economic development of Turkmenistan” I-II volumes. Ashgabat 2010.
2. Materials of the Halk Maslahaty (People's Council) of Turkmenistan. Ashgabat on September 25, 2018.
Журнал «Интернаука» № 42 (218), 2021 г.