Chosen problems connected with special status of the State Treasury in commercial companies

Abstract

The needs of modern world require the state to active participation in economic turnover to execution public tasks. One of the forms state economic activity are commercial companies with the state shareholding. The autor analized chosen problems connected with the state shareholding in companies. Presented problems arise from possibility of conflict of the interest of the state fulfilled by the State Treasury and the interest of company, which should be fulfilled by its organs. The autor introduced concept of the state interest and presented ways of its fulfillment in companies with the state shareholding. Moreover the article addresses the problem of instruments, that private law and public law provide stationes fisci of the State Treasury to ensure execution public interest by companies with the state shareholding. An important issue explained by the autor is liability of management board members, who acting in accordance with the state interest, violated the company‘s interest. Against the background of the above considerations, there is a question of compliance with the European Union law of regulations providing for special instruments of the State Treasury for ensure execution public tasks, which can lead to discourage new investors from participating in the company.