Конституційно-правові академічні студії (May 2021)
CONSTITUTIONAL RIGHT TO ENTREPRENEURIAL ACTIVITY: THEORETICAL AND LEGAL ASPECT
Abstract
The purpose of the article is theoretical-legal research of the constitutional right to entrepreneurial activity in order to clarify its essence, subject and object composition, to identify the peculiarities of implementation and guarantees of this right. Methods. To achieve the research goal, dialectical, formal-legal, comparative-legal, system-structural, logical-semantic and other methods of scientific cognition have been used. Results. The essence and content of the constitutional right to entrepreneurial activity have been analysed. The content of this right is defined as the totality of an entrepreneur’s powers that are necessary for his/her achieving a specific goal – certain economic and social results and obtaining profit. The subject composition of the constitutional right to entrepreneurial activity has been examined. The shortcomings of establishing this right in Section II of the Constitution of Ukraine have been identified. The expediency of further development of the constitutional provision on subjects of the right to entrepreneurial activity in the framework of the Commercial Code of Ukraine has been emphasized. The concept and attributes of entrepreneurship as an object of the right to entrepreneurial activity have been elucidated. New ways of developing the institution of entrepreneurship and means of effectively ensuring the exercise of the constitutional right to entrepreneurial activity have been proposed. The role of guarantees of the constitutional right to entrepreneurial activity has been studied to ensure its effective enforcement. Conclusion. The introduction of amendments to the Constitution of Ukraine regarding the right to entrepreneurial activity is proved to be unreasonable. In order to ensure the stability of the legal status of an entrepreneur, instead of updating the constitutional regulations, it has been proposed to improve practical guarantees, methods and mechanisms of implementing the right to entrepreneurial activity within the framework of the Commercial Code of Ukraine. The significance of the Constitutional Court of Ukraine has been substantiated for ensuring the understanding of the content and peculiarities of the implementation of the constitutional right to entrepreneurial activity and further development of legislative regulation in accordance with the constitutional principles. The main factors that hinder the development of entrepreneurship in Ukraine in the current conditions have been singled out as follows: - the infringement by state and local authorities of the guarantees of the constitutional right to entrepreneurial activity enshrined in the Constitution of Ukraine and legislation; - excessive administrative pressure on business entities; - poor economic incentives for the effective development of the entrepreneurial institution; - insufficient attention to the issues of preparing for entrepreneurial activities in educational institutions. The necessity to conduct further scientific research in the direction of minimizing the harmful impact of these factors on the development of entrepreneurship in Ukraine has been substantiated.
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