Nadolishny P.²., Yaromich S.À., Didenko Î.V.

Odessa regional institute of Public Administration

 

PLACE AND ROLE OF BUSINESS ASSOCIATIONS AS

AN INSTITUTE TO HARMONIZE THE INTERESTS

OF BUSINESS AND GOVERNMENT

 

           The concept of harmonization (the rapprochement and unification) of interests of business and the government is treated as a system of mutually shared views on their aims and priorities on the legal framework, ways, steps, mechanisms and stages of their practical implementation.

           For the success of the modernization policy it is important to highlight the circle of economic actors who are interested in upgrading, and to maintain constructive dialogue with them. In this context, international experience (and, above all, the experience of successfully developing countries) shows that the work of business associations, brings together more active companies, can serve as an important tool for policy modernization. First, under imperfect state institutions, business associations can be an instrument for the government of feedback from the business, a source of information on violations of property rights and barriers for business. In this case, the association acts as an institution that supports the market. Secondly, against the backdrop of underdeveloped institutions of a market infrastructure, business associations can collect and provide the government with information about the status of specific markets, can ensure coordination between firms in developing and maintaining industry standards and facilitate entry into new markets (including export ones), make the introduction of new technologies. In this context, the association may be regarded as institutions additionally completing the market.

         Modern development of the harmonization process is characterized with differentiation of government, commercial and public spheres, the presence in social life of varied interests of social actors and structural mechanisms for their expression and harmonization. Intersectoral collaboration is defined as a set of mutual relations of government institutions, of business and community groups to realize their interests in society.

         With the institutionalization the intersectoral collaboration creates mechanisms for adjustment and stabilization of interests of government, business and community groups, turning them into mechanisms of social adaptation and thus serves as a factor in the harmonization of social relations. In Ukraine, with strong executive authority in the field of intersectoral co-operation the priority is given to the procedural mechanisms for cooperation, mutual information, joint work in the relevant activities. Despite the high priority of the authorities in the process of building cross-sector collaboration, business structures are actively implementing their own mechanism of interaction into the social practice and gradually gaining the credibility of the population and ensuring the equal participation in social life.

          The economic crisis in 2008-2009 has demonstrated the ineffectiveness of the emphasis on "direct" interaction between the public interests with major companies that was characteristic of economic policy in the second half of 2000-ies. Currently, there is a problem to find more appropriate and effective instruments of cooperation with enterprises of all dimensions and forms of ownership, which may contribute to post-crisis development of economics. One such tool, in our opinion, may become a business association, as an element of civil society.

          In modern society, business associations act as intermediaries, aimed to carry out a dialogue on business issues with the developers of economic policy, a civilized way to lobby and advocate the interests of  business community.

          According to Strick and W. L. Kenvosi business associations operating between market and government which systems interact with each other through representation, rule-making and information [8]. They focusing attention on what is now of increased interest in business associations, as they are considered as a new way of organizing the modern society. Schneider emphasizes that at present has been a trend of analysis of business associations in the political or market systems [7]. In the imperfect institutional surroundings in developing countries, business associations can act as institutions that support and complement market mechanisms (market supporting and market supplementing institutions).

         However, in the Program of economic reforms in Ukraine for 2010 - 2014  was said that potential business cannot be widely developed in Ukraine due to inadequate business climate [5]. So far due to simplicity of doing business Ukraine occupies the 142-d place among 183 countries in the world [1]. Causes for above mentioned problems lie in non-effective regulatory system and in underdevelopment mechanism of government and private partnership. Only in 2010, was adopted the Law of Ukraine "About Sovereign-Private Partnership [3].

         Structure, resources and strategy of business associations are determined by the interaction of the following factors:

-   features of a specific business sector they represent;

-  characteristics of the institutional and political surroundings with which they interact.

          As an institution of harmonization of relations between business, associations must compensate:

-         Failure of the government in terms of protection of property rights, improving governance and infrastructure development - through the collective pressure of business upon the government;

-         Market failures associated with the absence or underdevelopment of appropriate market institutions. This may be a lack of mechanisms for providing information about new markets and new technologies, or enabling the company to the implementation and observing the quality standards (especially when entering the export market), weakness of continuing education and training of workers, poor markets of venture capital, etc.

Such market failure can be compensated through the collective action of firms in respective sectors and their interaction with the government. Business associations often act as an important mediator in such interactions, and in this case they may be regarded as the "agents of modernization".

Step out of business associations from the positions of the peripheral institutions of coordinating relations with the state enterprises, paying greater attention to them by the government and turning them into mediators in the relationship between government and business helped to expand the membership base of the associations. In this case, the enterprises who are the member companies are increasingly getting access to the resources of government support in various forms, which gave grounds to consider the business associations as an effective mediator between government and business. In our opinion, the Ukrainian conditions of business associations can "complete additionally the  market," and should posses the following:

-         Incentives for collective action against strong competitive pressure (within the branch industry due to differences in strategies between large firms and small enterprises, and from outside - from the related industries, or because of the threat of entry to global market of operators);

-         Adequate "institutional capacity", which relies upon wide coverage of firms in the industry, the ability of associations to adequately represent the interests of its members and presence of qualified and competent staff.

Institutional capacity of business associations is largely derived from the presence of selective incentives, which "working" associations can provide to its members by virtue of certain powers delegated to them by the government. As such selective incentives can be:

-         Access to participation in international negotiations;

-         Impact on the legal regulation and the formation of industry standards;

-         Distribution at the site-specific association of export quotas or licenses, contracts against the government’s orders;

-         Access to retraining, etc..

Let’s characterize the role and place of business associations in modern Ukrainian economy and their interaction with the member enterprises and relationships with authorities and boards of management. It should be:

-         Assessing the extent of participation of enterprises in business associations in Ukraine;

-         To understand which factors affect the membership of enterprises in the associations;

-         Consider the relationship between companies with the authorities and the role of business associations in these processes;

-         To evaluate the qualitative trends in business associations, including analysis of their internal organizational structure and decision-making mechanisms and the main activities and the evolution of relations with the government.

First of all, will evaluate the participation of enterprises in business associations in Ukraine (table 1).

           As seen from the statistics, the number of small businesses since 2004 has steadily increased, but in 2008 significantly dropped. For business associations is inherent in the opposite trend - the number is steadily increasing. Small business is specific in associated with its participation in business associations and its interaction with the authorities. Small businesses in all countries is less organized in comparison with large business and is highly atomized. Besides in Ukraine, a large part of it is in the shadow area. It does not increase the number of entrepreneurs involved in business associations.

As seen from the statistics, the number of small businesses since 2004 has steadily increased, but in 2008 significantly dropped. For business associations is inherent in the opposite trend - the number is steadily increasing.

Small business is specific in associated with its participation in business associations and its interaction with the authorities. Small businesses in all countries is less organized in comparison with large business and is highly atomized. Besides in Ukraine, a large part of it is in the shadow area. It does not increase the number of entrepreneurs involved in business associations.

Number of business associations in different sectors of the economy of


Table 1 -  Key indicators of development of small enterprises in Ukraine


index

Years

2000

2001

2002

2003

2004

2005

2006

2007

2009

Number of small enterprises

 

217930

233607

253791

272741

283398

295109

307398

324011

 

238954

% against prior year

 

110,6

107,2

108,6

107,5

103,9

104,1

104,2

105,4

 

105,7

 

per 10 thousand of population

 

44

48

53

57

60

63

66

70

72

AVERAGE annual number of employees at small enterprises in thousands.

1709,8

1807,6

1918,5

2034,2

1928,0

1834,2

1746,0

1674,2

1694,2

In estimation number of employees per one enterprise

8

8

8

7

7

6

6

6

7

% of employees of the enterprises fromthe total number of businessmen

15,1

17,1

18,9

20,9

20,2

19,6

19,0

18,4

18,7

Number of business associations

1731

1776

1843

1987

2392

2451

2711

 

2823

2945


Ukraine is presented in Table. 2.

Table 2 - Number of business associations in different sectors of economy in Ukraine

Sectors of Economy in Ukraine

Number of business associations, units

Entrepreneur, lease, engineering

1483

trade, repairing of cars and household goods

189

Industry of processing

183

Civil engineering

99

Transport and communication

39

Agrarian sector

121

Financial sector

21

Hotel and restaurant business

13

Fish industry

7

Other branches

902

(Source :  State Statistics Committee of Ukraine)

          Let’s determine what factors affect the membership in the associations of enterprises. As a rule, the association can cover from 10-20 to 100-120 member companies, which account for 20% to 100% of industry output. Of the total number of members  only one fourth or one fifth of the companies really active in the association. Such  "public" activity is usually rewarded by getting of their leaders’ status of the member of the Board, the Presidium or the Board of Directors Association. The current governance structure of business associations, as a rule, is flexible enough to allow for advancement of the status of enterprises, if their leaders are willing to spend their time working within the business association.

         In most cases, associations have a minimum staff (from 3-5 to 15-20 employees) and operated by membership dues, which provide 80-100% of their main budget. In addition, some associations have received proceeds of events (exhibitions, seminars, conferences), information and publishing activities.

        For the majority of associations typical of the collective nature of the adoption of the most important decisions at the board meetings, which usually meets at least once every two months. However, still remains an important part of personality of the leader. His reputation and personal contacts largely determine the model of a particular association and its effectiveness. Main factors of successful business associations: conditionally they are divided into internal and external. Among the external factors may be:

  -   The presence of competition in the sector;

  -   Increased attention to the sector from the government;

  -   The availability of opportunities to support the sector in the state;

  -   Formal embeddedness of associations in the decision-acceptance system.

         The internal factors of success of business associations can be as follows:

-  The organization of effective interaction with potential partners (including the interaction with its members);

-   The ability to represent the interests of the industry.

          In terms of voluntary membership indirect indicator of organizational effectiveness is the breadth of associations of enterprises in the sector, the availability of expert resource (which requires a competent staff and the ability as necessary to attract to develop specific problems of lawyers and other experts working in the staff of member companies), publicity, open to the media and society.

         On the background of inadequate institutional embeddedness associations in decision-making system, which affect the interests of business and government, an important factor of success for a particular association is the identity of its leader, using his authority and communication for the sake of association. This personalistic model, providing conditions for the development of associations simultaneously carries serious risks, since a change of supervisor may change radically range of contacts available to the association, reduced the potential and the overall quality of the association. Consider the elements of the mechanism which the business associations were used for building a sustainable relationship with the government.

        The first element - the emphasis on the critical importance of personal contact to maintain constant positive attitude and the availability of a particular contact person. Exceptional assess the importance of personal contacts and relationships led to attempts by these contacts and to the consolidate relations. Various forms are used to secure a personal factor. At place of the first person in the business associations are sometimes elected the figures, who have authority not only in the business surroundings, but also in government, science, etc..

        The second element - the establishment of symbiosis between the personal leadership of the association and regulatory body, fairly typical is the inclusion of government officials or deputies of various levels of power in the governing body of the association. So many presidents of business associations are members of the various legislatures and ex-minister of Ukraine.

        Analysis of business associations also helped to identify the tactics of their relationships with relevant government authorities, which is called "capture the regulator". The idea is that a business association  proactively carry out a significant part of the regulator. This situation arises when the quality of officials is much worse than the quality of employees in the private sector. This opens up the possibility of active participation in arrangement of public policy in the profile  sector of the market.

         In recent years, a high level of professionalism of business associations was marked, thus improving the efficiency of their work to solve the different range of problems. Business associations are represented in the Council of Entrepreneurs of Ukraine at the Cabinet of Ministers of Ukraine, in the Public Expert Council on Legislation, the Confederation of Public Associations of Entrepreneurs' Union of the new formation named " the Public Structure of the State Committee of Ukraine on Regulatory Policy and Entrepreneurship in the Public Collegium” under the Chairman of the State Customs Service of Ukraine, etc..

         It is worth noting that the extent of participation in consultative bodies is seen as an indicator of a particular influential business association. Thus, in Odessa region the representatives of business associations consider their valuable asset position in the current public council under the Chairman of Regional State Administration, where in 2011 they represent 10% of members. In addition, the percentage of business associations in Social Collegium State Communal Business is steadily increasing as shown in Figure 1.

        Among the shortcomings of the advisory system D.C. Vishnevskiy noted that its works has so-called dotted character from one specific reason - to another [1].

Figure 1 - Percentage of business associations in Public Collegiums of State                Communal business

Creating the legal framework for harmonizing the interests of business associations and the government will contribute the formation of self-regulatory organizations (SRO). Due to the draft Law of Ukraine "About self-regulatory organizations" such organizations are recognized as non-profit organizations, membership-based, and combines the subjects of entrepreneurial activity, based on the unity of the industry's production of goods or the market of producing goods (performing works, services) combining agents of  professional work of one kind.

          Currently part of the business associations expressed its willingness to be changed into SRO. Self-regulation, according to representatives of business associations, leading to a more rigid discipline of the market: Protection against counterfeiting,  poor quality, outstanding products, etc. It is necessary to determine the specificity of each sector of the economy.

          The relationship between business associations and the government lies in the range between two options. The first option can be termed as "partnership or dialogue". It focuses on equality of the parties and it presupposes that a business association has autonomous resources. It is worth noting that this option is often chosen not only to describe the real state of affairs, but rather to indicate in which direction they should develop. The second version of the "hierarchy" implies the adoption of the current model of relations in which the state and government officials act as masters or leaders. It is typical for the regional business associations and those of the so-called old industries.

         Desires of the business associations in relations with the government vary widely: from leasing office space on a preferential basis to the system changes. The latter includes:

-    Active use of expert resources associations;

- Require associations imputation of registering the "unscrupulous manufacturers";

-   Transfer of the advisory bodies on a permanent basis;

-  The legislative confirmation of accreditation system of business associations in government bodies;

-    The enactment of the Unions of business people;

-  Coordination with relevant business associations in projects of all government regulations pertaining to the regulation of the respective sectors.

          In addition, it is necessary to take into account international experience of business associations, which can be used in Ukraine. I. V. Chichmeli  and I. B. Rutkowskay  emphasize that the practice of foreign countries have developed three types of models of business associations [7]:

-   Continental (European) model;

-   Asian model;

-   American model.

          Continental (European) model is characterized by the fact that,  the association will often accept a potential member to the Association with the diploma of academic education and admission process will be very formalized. Its features are:  presence of statutory sphere of activity; clearer delineation of functions between the associations performing different tasks, the restriction of competition and rivalry between them logically sustained the principle of joining the smaller associations to unifying a large structure, a high degree of formal participation in the state apparatus, policymaking in the areas of business.

          Asian model of business associations differs by rigid hierarchy of management and lack of rotation of officers. The essence of the Asian model - undivided power and property. There is only rulers and the ruled. In the Asian model, there is no private property in the European sense, it depends on the carrier power, subject to arbitrary exactions or to be confiscated by the administration.

         The American model is oriented to support the activity of the association members, wherein a more "open" style of leadership and a more flexible response to crisis situations and to provide opportunities and  more pragmatic approach to solving the emerging problems an Association of American type represent those interest groups that come together on a voluntary basis and are not permanent, the legal status and obligations (while these commitments are very small). Their configuration is rather fortuitous, there was no mechanism for organizing the interests of members. The territorial and functional features enterprise association in associations and federations are mixed, there is no clear hierarchy of representation - the company may join directly to the parent organization and can simultaneously arrange their membership in it, and in the industry association [7].

          Its main task the business - associations of this type sees to protect the interests of their members in relation to the government, but not in the design and implementation of specific policies in conjunction with state authorities and not to provide technical assistance and business services to their members.

          Familiarization with this experience and its understanding and its active comprehension of the Ukrainian reality may occur during participation in international exhibitions and working relationships with colleagues.

         There was a certain division of functions between the associations of different levels:

-   "Main" unions are focused on general economic development problems of the business (usually they are chambers of commerce);

-   Trade associations engaged in the development of standards and technical regulations;

-  Effective regional associations serve as a ground for information exchange and mutual consideration of interests between government and business (coordinat³on and expert Center Union of enterprises in  Ukraine). Now there are regional representatives in Dnipropetrovsk, Lviv, Odessa, Ternopil, Kharkiv regions.

         Currently, the business associations are divided into "working", "sleeping" (inactive), as well as the so-called "pocket", which are controlled by individual large companies or government officials and do not represent the interests of a particular business sector. Active business associations differ by financial and organizational stability, orientating to the needs of its members and cooperation with the state. Therefore, in our view, one can speak of an "active core" origin of business associations in Ukraine.

         In the sector of "working" business associations the main features of institutionalization are highlighted. Among them:

-    Functional specialization (defined terms of the performed functions);

-  Internal differentiation (organizational structure aligned with the main areas of activity, one of the indicators is the presence of specialized committees, commissions and working groups);

-  High levels of "organizational maturity", continued and increased presence in the "core" business communities;

-  "Becoming routine”, when certain practices have become familiar to the participants and accepted by them as such ones.

          At the same time "working" business associations have expressed dissatisfaction with its proposed role of "junior partner", whom one can invite or not invite to a dialogue based on the views of certain officials.

         To understand the trajectory of a specific business associations it is important to have reasons for the initiators for their creation and having key players. If they were purely private (lobbying under the guise of business association preferences for a particular company or a small group of economic actors, "reserve airfield" for each official), then the business association is generally perceived as a "pocket" one. But more often the initiators of the business associations set themselves the broader "strategic" objectives, implementation of which provide positive externalities.

         In our view, the business associations must carry out a number of steps to turn them into a recognized element of the interaction between government and business, as well as between business and society. Such steps may include:

-  More active work with the member enterprises, taking into account their interests and needs in conjunction with an initiative from the business associations on the proposal of new services, analytical products and joint projects;

-  A higher level of cooperation with other business associations, as "main" and the ones representing the "adjacent" industries;

-  Taking into account the public interests and greater transparency of business associations for society.

          Thus, these data will allow to assess how under current conditions the Ukrainian business associations can be more effectively involved into modernization of the economy and society. Stable and constructive cooperation between business associations and government boards can become one of the new competitive advantages of the Ukrainian economy.

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