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To counteract (section 9) see more in detail more low. So, co-owners of a state ownership cannot To make concentration of the riches in elite them Areas (cannot to increase the share, for example, "Properties" in public health services, having reduced the share "Properties" in defence); to split bunches of competences and To specialise in realisation of partial competence only One type; to carry out the effective control over the Agents. There is a rich actual material on comparisons The enterprises which are in the property of the state and Private persons. It shows that the state enterprises With other things being equal establishes lower prices On the production; have the big capacities; it is more than means Spend for building of buildings and premises; use more Capital-intensive technologies; have higher operational Costs; reconsider the prices less often, react on more poorly Changes in demand; make less various Production; master the new technics more slowly; have more Long service life of the higher managing directors (28, with. 27 - 40). In connection with such results of the comparative analysis Alternative systems of the property arise on the smaller To measure two questions: whether means it that the state The property always and in all cases is more inefficient The private; than to explain that in the conditions of market economy In general the similar centres continue to exist The inefficiencies which are not disappearing during a competition? 7. THE STATE THEORY Admittedly, the theory of the property rights cannot be Full without the state theory. After all the state Represents agency under the specification and protection of the rights Properties, with departure of these functions it is connected
With that theorists of the property rights notice that
The satisfactory theory of the state them till now not
It is developed (32, with. 169).
In relation to the organisation of economy on the basis of the such
Institutes, as the market and a private property, the state
Functioning and protection of these institutes, it appears,
The mechanism which is based on opposite principles is necessary
Centralisation and the collective property. For the western
Researchers this combination always was a source
Intellectual discomfort. Are not free from it and
Theorists of the property rights: "Within the limits of their market
Views the government acts as social institute on
To maintenance of freedom of contracting and granting of the goods and
Services which cannot be distributed through the markets. Together with
The taken roots suspicion that exists that for a long time
Not market distribution of privileges by a principle "one
The person - one voice "conducts to the conflict between ways
The organisations of political and economic spheres of a society "(53,
In the present section the general aspects will be considered at first
The state analysis in the theory of the property rights, and then
Narrower, concerning studying of legal system.
I. The Most interesting treatment of a problem of the state in
Frameworks of the theory of the property rights D.Nortom has been offered,
To which we will follow in the further statement.
The state is defined by it as "... The organisation with
Comparative advantages in realisation of violence,
Extending on known geographical area,
Which borders are defined by its power over
Tax bearers. Essence of the property rights - in the right
On an exception, and the organisation possessing the comparative
Advantage in violence, it appears in a status
To specify and protect the property rights "(48, with. 21).
In the history of ideas it is possible to allocate two basic approaches to
To the state - the theory of the public contract and the theory
Operation. In the first case state occurrence is thought
As the certain initial contract assuming a recognition
The rights of an individual to certain resources from outside others
Participants of the contract in exchange for its refusal of claims on
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