Franchayzing in Russia: the prospect for development. A. Leonov, V. Days. The journal "people of the matter"

The solution of many economic problems of modern Russia requires new economic mechanisms. One of such mechanisms is franchayzing. It is possible to assert that franchayzing at present - the only known tool, which makes it possible to increase the effectiveness of small business. It gives the possibility to combine the merits of small and large business.

The history of the development of franchayzinga abroad counts already one-and-a-half century - since then, when Singer for the first time used it for the sale of sewing machines. In Russia the interest in this economic tool revived in the 90's of the past century, when practically simultaneously arose several franchayzingovykh systems - domestic and with the participation of the foreign capital. However, excessive hopes for the development of franchayzinga were not realized. Today has sense to analyze the emergent problems and the reasons, which led to their appearance.

Franchayzing as the economic tool

The case study of franchayzinga in Russia requires the refinement of basic concepts and definitions, which characterize this economic tool.

In the domestic economic literature this term no longer rarity. The first publications, dedicated to franchayzingu, appeared more than ten years ago; however, different specialists focused attention on different aspects of franchayzinga and as result, formulated their definitions.

Analyzing different formulations and summarizing the signs chosen in them, it is possible to formulate the following determination.

Franchayzing - this is the form of enterprise, based on the system of the interrelations, fixed by a number of the agreements, during which one side (franchayzer) lets the compensatory right to act from the voyego name (realize goods) other side (franchayzi), contributing thus to the expansion of the market for sale.

The system of franchayzinga is based on the use of concrete goods.

This goods must possess the following signs:
by known trade mark;
the nomenclature of goods must be limited.

The object of franchayzinga can be the following goods:
product (article, which has material form);
service;
production process;
business- process (collection of administrative, commercial, financial, organizational actions);
complex goods, in which can be combined with each other to different degree the previously named goods.

In franchayzingovom process participate at least two sides, between which is concluded the agreement of franchayzinga (franshiza).

First side - franchayzer.

This is important firm (corporation), which has widely known trade mark and high image on the consumer market. This firm grants to other side (franchayzi) the compensatory right to act on the stipulated terms and within the specific period on the market on behalf of franchayzera and under its trade mark.

Franchayzer in the system always one.

Second side - franchayzi.

Of franchayzi appears, as a rule, the small firm or owner (legal or physical person), who acquires (on the compensatory basis) in franchayzera exceptional right to conducting of commercial activity from his name under its trade mark.

Of franchayzi there can be several in one franchayzingovoy system.

Franchayzing, as any form of owner's activity, is connected with the system of financial flows. They comprise the basis of these flows:

The single-time payment of franshizy (lump payment), which grants the right of franchayzi:
to use the intellectual property of franchayzera;
to open her own franchayzingovoye enterprise;
to obtain the standard collection of services, necessary for the discovery of enterprise.

Royalties. Regular, required, payments to franchayzeru to coating of its expenditures, connected odderzhaniyem and with the development of franchayzingovoy system.

Allotment to the centralized advertising fund.

Additional payments, directed toward coating of the cost of additional services.

Basic problems of franchayzinga in Russia and their typology

As has already been spoken, franchayzing in Russia did not receive wide acceptance, although the potential possibilities of its introduction are sufficiently wide.

The basic problems of the restraining of the development of franchayzinga in our country can be classified for reasons their appearance.

Economic problems. Franchayzing - economic tool, and for its introduction are necessary the corresponding economic prerequisites, which in Russia were not formed either generally or partially.

Can be attributed to the given problems:
the instability of the development of the economy of Russia. Franchayzingovye diagrams require stability and predictability of the economy;
the absence in the majority of owners - potential of franchayzi - necessary starting capital for the entry into the franchayzingovuyu system;
complexity, and now and then also the impossibility of obtaining the credits for creating starting capital.

Organizational- lawful problems. Although franchayzing - this economic tool and its problem first of all should be searched for in the sphere of the economy, in Russia the restraining of the development of franchayzinga occurs, first of all, in the lawful sphere.

They, these problems, are connected with the practically complete absence of the lawful guarantee of franchayzinga in Russia.

Sociopsychological problems. Can be attributed to them:
the absence of domestic experience and the fear of failure in the subjects of franchayzingovoy system - franchayzera and of franchayzi;
the absence of proper respect for intellectual property;
the fear of franchayzi to lose independence and its own "face" of owner and manager.

Special position among the problems of franchayzinga occupies formation as the mechanism of the permission of sociopsychological problems. This problem is caused by the weak training of the representatives of small business in the sphere of franchayzinga.

It is natural that the problems examined cannot be analyzed locally, they are tightly connected and have a serious effect on each other.

Thus, the economic problems of franchayzinga are caused not only by the state of the economy, but also by the influence of other problems, first of all of organizational- lawful.

Domestic legislation practically does not operate with concept "franchayzing". The commercial concession, which dedicated chapter in the civil code RF, is far from equivalent to concept "franchayzing". The absence of lawful base significantly narrows the possibility of the development of franchayzinga and first of all considerably complicates the possibility of the crediting of franchayzi.

The development of the lawful guarantee of franchayzinga requires furthermore the solution of economic problems and differential cost for the improvement of lawful base and the development of "roundabout" lawful diagrams.

Sociopsychological problems are connected both with the economic problems and with the lawful.

Entering into franchayzingovuyu system, franchayzi experiences a number of the fears, caused both by economic, and lawful aspects.

First of all it fears bankruptcy, which can be caused by the actions of franchayzera. But precisely lawful component must quiet franchayzi: he is the owner of his enterprise, legal person, which must be confirmed by the necessary juridical procedures.

The most important sociopsychological aspect of franchayzinga is disrespect to the intellectual property traditional for our country. The solution of this problem requires the combination of the economic and lawful actions, which will make the unsanctioned use of strange intellectual property ineffective.

Educational problems of franchayzinga, caused by the weak training of owners in this region.

The solution of educational problems is connected with the need of creating the network of training and consultational it is center on franchayzingu, which requires the solution of purely economic problems. The at the same time educational problems of franchayzinga will lead to the expansion of the knowledge of franchayzi in the region of the right and economy.

As the statement indicates above, the interrelation of the economic, organizational- lawful, sociopsychological and educational problems of franchayzinga it is possible only in the complex, when the solution of one problem is connected with the need of solving others.

Economic problems of franchayzinga

The most important economic problem of franchayzinga in Russia becomes the absence of stability. If we return ourselves to the determination of franchayzinga, then this first of all relation system, fixed furthermore by agreement system. It is natural that a similar system and furthermore that uniting the economically independent owners, becomes inertia.

The last decade, in which began the accelerated development of franchayzinga in Russia, is characterized by the absence of stability in the economy, constant jumps in the development of the economy of the country, which leads to the same sharp demand fluctuations for all forms of goods, by the regular repartitions of property, that it cannot but catch franchayzi. Taking into account that many of them are forced because of the shortage of their own means to open its enterprises in the leased accomodations, change in the owner adversely affects the operation of both franchayzi and franchayzingovoy system as a whole. The repartitions of markets, moreover very frequently by the nerynochnymi methods, also they can decrease the effectiveness of franchayzingovykh systems.

Franchayzing, as already repeatedly it was noted, is constructed on interaction of two types of the independent owners - franchayzera and franchayzi, each of whom is independent legal person. Consequently, not only franchayzer, but also franchayzi must pack into the development of system their starting capital. If one considers that franchayzi it must introduce the single franshiznuyu pay (lump payment), then starting capital of franchayzi must be sufficient to large.

Unfortunately, far from all domestic owners possess similar capital.

The attempt to obtain starting capital in the form of bank credit also encounters with number of the problems:
profitableness level of franchayzi, taking into account all regular payments (royalty, the deduction for the centralized advertising fund and other payments), can lead to the fact that the period of the recovery of credit will be sufficient to large, and if we consider the acting rates of credit, and by completely impossible;
the existing lawful system even more greatly hampers the crediting of franchayzi.

the Organizational- lawful problems

The basic problems of franchayzinga in Russia at present are concentrated in the region of right. This is caused by the fact that franchayzing as relation system is based on the system of contract relationship and must be reinforced by serious lawful base.

In the contemporary lawful system of Russia the term "franchayzing" is encountered only one time, in 54 chapters of the civil code RF (GK RF), where it is asserted: "commercial concession" is the synonym of franchayzinga.

However, the quite surface analysis of this chapter makes it possible to assert:
"commercial concession" is considerably narrower than concept "franchayzing";
franchayzing in our country is necessary to base on the package deal, based on a number of articles GK RF and legislative acts, i.e., on the "roundabout" lawful diagrams.

All this hampers the use of franchayzinga in the domestic economy.

An increase in the effectiveness and the development of franchayzinga in Russia requires the introduction of changes in legislation.

By them it is necessary to dostich' the following purposes:
Creation of conditions for the real competition of franchayzingovykh systems with the traditionally prevailing mechanisms of the realization of goods.
Guarantee of convenience in the application of legislative acts for participants in the franchayzingovoy system.
Creation of the transparency of franchayzingovoy system and its elements for the controlling bodies.

All three purposes are closely interconnected.

For the realization of the stated goals it is necessary to create the system of legislative acts, into which they must enter:
The civil code of the Russian Federation, which contains the basic condition, which regulate the use of franchayzinga in Russia;
Federal law OF RF "about franchayzinge in the Russian Federation";
the laws, which regulate rights to the intellectual property and responsibility for its disturbances;
Tax code RF and the connected with it laws and law-subjected reports.

In this system it is necessary to develop and to accept new law about franchayzinge, while into the remaining normative reports to introduce changes.

It is necessary in the civil code RF:
to introduce concept and determination of franchayzinga;
to form basic concepts and their typology, such as goods, the object of franchayzinga and the subjects of franchayzinga (franchayzer and franchayzi);
to determine typology is specific franchayzinga and special features of their use;
to introduce the concept of franshizy (agreement of franchayzinga).

All these changes must draw nearer both the legislation and terminology of franchayzinga the world practice, which is especially important for creating the franchayzingovykh systems with the participation of the foreign capital.

The federal law OF RF "about franchayzinge in the Russian Federation" must develop basic condition GK RF and include:
basic concepts and determination (definition), including determination of franchayzinga, which must coincide in its sense and content with the analogous concept of franchayzinga in the West, the typology of the basic concepts of franchayzinga;
the concept of royalty (at present there exists in FZ RF "about the agreements about the division of production", but in the truncated and insufficient for the work of system form), of franchayzingovykh (lump) payments, characteristics of advertising fund (minimum percentage, payment condition and so on) and of other specific concepts;
within the divisions of law to separately describe the special features of work for each form of franchayzinga;
the order of the concessions of trade marks, licenses, of copyrights, patents, know-how (concept of know-how on basis GK RF can be, probably enlarged);
application in the form of the list of the documents, which in detail fix all necessary actions with the creation of franchayzingovoy system, which include the models of agreements and the list of the documents (on the maximum), used in the various forms of franchayzinga.

As a result in the owners there will be a sufficient normative material for the conclusion of a treaty, where they depending on the selected diagram of work will use these or other normative documents and select the models of agreements.

In the normative reports, which regulate right of intellectual property and responsibility for its disturbance, compulsorily must be considered franchayzingovye diagrams which at present simply is absent.

For participants in the franchayzingovykh systems has the sense to introduce the privilege regime of taxation.

This is caused by three reasons:
by the practical absence in Russia of widely known trade marks and brands, which draw potential user. The formation of similar brands requires high expenditures, which decreases the effectiveness of franchayzingovykh systems;
by the increased expenses of franchayzi, for which by very significant are royalty, and lump payments, and also allotments to the centralized advertising fund;
the obligation of the correspondence of exterior forms and principles of operation (uniform, interiors, etc.).

These expenditures, especially in the period of the spinup of domestic trade marks, will not allow by franchayzingovym systems to compete with the traditional systems of production and sale of goods. Through several years of work on the the franchayzingovym to diagrams the qualitative and learned Russian goods, probably, painlessly they can overcome these expenses.

Sociopsychological problems of franchayzinga

The economic and organizational problems of franchayzinga, naturally, are very important, but to not smaller degree hold in control the development of franchayzinga and sociopsychological problems. The first, which encounter the organizers of franchayzingovykh systems in Russia, this absence strictly of the domestic experience of franchayzinga and fear of the owner- potential of franchayzi of the dip in franchayzingovoy system as a whole. Reference to the foreign experience is received, as a rule, sufficiently skeptically, and to it follows the objection that not entire western experience works in Russia, especially under the contemporary conditions. To overcome this problem is possible only by way of scrupulous collection and generalizing the domestic experience of franchayzinga both in the domestic systems and with the participation of the foreign capital, moreover and successful, and unsuccessful. The very serious problem of franchayzinga in our country becomes, alas, traditional neglect to the intellectual property. the goods, which has material form, values, and franchayzing assumes transfer and payment to the intellectual property, such as: trade mark; the technology of production; the organization of business- processes and number of others. Is in prospect the continuous and systematic operation, reinforced by ravovymi and economic methods before in Russia they will begin respecting intellectual property, and it will be insufficiently effective without this of franchayzing. Moreover respect for strange intellectual property must be extended independent of protection by its lawful methods. One additional very essential sociopsychological problem of franchayzinga is the fear of owners, potential of franchayzi, "to lose its face". It is natural that the entry in the franchayzingovuyu system requires franchayzi to work on those standards, which formulated franchayzer. However, work in the large franchayzingovoy system gives franchayzi such experience, which it with rare exception will not be able to acquire independently, and this experience compensates all other losses.

Formation as the mechanism of the permission of the sociopsychological problems

The large part of the problems of franchayzinga, moreover not only sociopsychological, it is connected with the weak training of the owners, who could appear as the organizers of franchayzingovykh systems (franchayzerami) and work in these systems as franchayzi.

The solution of these problems is sufficiently trivial: it is necessary to create the educational system, which would make it possible to considerably enlarge training domestic owners in the region of franchayzinga.

This system must have two directions:
wide, ensuring propaganda franchayzinga as economic tool;
narrow, ensuring purposeful consultation of the subjects of franchayzingovykh systems (franchayzera and franchayzi) on the concrete economic problems of franchayzinga.

These two directions must supplement each other.

Wide educational direction in the region of franchayzinga can be built on the system of training it is center, which must be located throughout the entire territory of Russia. In these centers will pass instruction both potential franchayzery and potential franchayzi. Moreover in the initial stage of the creation of the franchayzingovykh systems of franchayzery they can use these centers for the purposeful preparation of their of franchayzi and their colleagues.

For the deeper and wider training of owners in the region of franchayzinga has the sense to include in higher educational training programs separate training objects and divisions on franchayzingu.

Narrow direction is connected with the development of administrative consultation on the problems of franchayzinga. This consultation must cover not only the general problems of franchayzinga, but also separate divisions. It is especially important: the lawful aspects of franchayzinga; interaction of franchayzera and franchayzi; the organization of bookkeeping calculation; selection and the management of personnel.

This direction can be considered as educational with the specific stretch - this is administrative consultation (business -konsalting), which must supplement educational direction.

Organizationally instruction and consultation can be carried out in the consultation and training centers with the associations of consultants or with the associations of owners.

Conclusion

Summing up the sum to the case study of franchayzinga, it is possible to again express the point of view that for the development of franchayzinga in Russia are sufficiently great possibilities. But for the realization of these possibilities it is necessary to create the specified conditions.

Is necessary legislation initiative on the development of law against franchayzinge and introductions of the corresponding changes in the connected with it laws and normative reports.

Is necessary the start in the government program of the support of the small enterprise of the system of the development of franchayzinga.

Is very important the creation of the system of tax privileges for franchayzi, especially in initial development stage of franchayzingovoy system.

It is expedient to grant the possibility of applying franchayzi of the simplified system of bookkeeping calculation.

Is required the creation of the network of consultation and training it is center on franchayzingu, not only in the center, but also on entire Russia.