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
|
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.
Literature
1.
Âèøíåâñüêèé Ä.Ñ. Ìåõàí³çì ôîðìóâàííÿ á³çíåñ-àñîö³àö³é // Íàóêîâèé ³ñíèê
ÄÄÌÀ. – 2009. – Ñ. 207-214.
2. Íàö³îíàëüíà äîïîâ³äü «Ïðî
ñòàí òà ïåðñïåêòèâè ðîçâèòêó ï³äïðèºìíèöòâà â Óêðà¿í³», Ê. : 2010. – 240 ñ.
3.
Çàêîí Óêðà¿íè «Ïðî äåðæàâíî-ïðèâàòíå
ïàðòíåðñòâî» Â³äîìîñò³ Âåðõîâíî¿ Ðàäè Óêðà¿íè, 2010, ¹ 40 â³ä 08.10.2010 ð.
4. Ïðîåêò Çàêîíó Óêðà¿íè «Ïðî
ñàìîðåãóëüîâàí³ îðãàí³çàö³¿”
(¹ 4841-ä).
5.
Ïðîãðàìà åêîíîì³÷íèõ ðåôîðì íà 2010-2014 ðð. Çàìîæíå ñóñï³ëüñòâî,
êîíêóðåíòîñïðîìîæíà åêîíîì³êà, åôåêòèâíà äåðæàâà. Ðåæèì äîñòóïó: www.president.gov.ua/
docs/ Programa_reform_FINAL_1.pdf
6. Ñòàòèñòè÷íèé ùîð³÷íèê
Óêðà¿íè çà 2009 ð³ê // Çà
ðåäàêö³ºþ Ñòîÿíîâà Ò. Â. – Ê. : Êè¿âñüêå îáëàñíå óïðàâë³ííÿ ñòàòèñòèêè, 2010. – 793 ñ.
8. Schneider V. State Theory, Governance and the
Logic of Regulation and Administrative Control. – In:
Warntjen A., Wonka A., Governance in Europe. The Role of Interest Groups. Nomos
Verlagsgesellschaft, Baden-Baden. 2004. pp.4- 29.
9. Streeck, W.,
Kenworthy, L. Theories and Practices of Neocorporativism. In The of
Political Sociology. States, Civil Societies, and Globalization. New York:
Cambridge University Press. University Press. 2005.