Московский журнал международного права (Dec 2018)
CURRENT ISSUES OF PROTECTION OF ENTREPRENEURS' RIGHTS IN INTERNATIONAL AND NATIONAL LAW
Abstract
INTRODUCTION. The main subject of the article is the protection of entrepreneurs and the improvement of national economic security in the context of international legal standards. The article provides a definition of international legal standards as standards, agreed by states and stipulated in international treaties. Historically, they began to evolve in the context of international human rights law. In this regard, the fundamental international legal acts that may be applicable in the context of the rights of entrepreneurs are: the International Covenant on Economic, Social and Cultural Rights of 1966, the Convention on the Protection of Human Rights and Fundamental Freedoms of 1950. Then some aspects are scrutinized: the standard for the exchange of information on financial accounts of the OECD, business ombudsman, state practice.MATERIALS AND METHODS. The materials for the study were the modern works of scientists, the laws of the Russian Federation and other states, as well as international legal acts on international experience protecting the rights of entrepreneurs, ensuring business security, as well as problems associated with the consolidation of this experience in national, political, economic systems. The methodological basis of the research was the general scientific and private scientific methods of cognition.RESEARCH RESULTS. The results of the research are that, firstly, at the present stage, significant international experience has been accumulated to protect the rights of entrepreneurs and industrialists, which is not only successfully used, but also perfected, improved with respect to the national specifics of doing business in each individual country, and, that through the study of international experience, it is possible to reach the highest level of business security at the national level, as well as to solve problems related to fixing this experience in national, political, economic systems.DISCUSSION AND CONCLUSIONS. The main conclusions: firstly, that each country can achieve a high level of business security at the national level through the study of international experience; secondly, at the present stage, a significant international experience has been accumulated to protect the rights of entrepreneurs, which is not only successfully used, but perfected with reference to the national specifics of doing business in each individual country, and, thirdly, it seems possible to solve problems related to the reduction of this experience in national, political, economic systems.
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