CONCEPT OF INDIVIDUAL’S CONSTITUTIONAL FREEDOM TO CONDUCT BUSINESS IN UKRAINE

##plugins.themes.bootstrap3.article.main##

##plugins.themes.bootstrap3.article.sidebar##

  Serhii Penkov

  Maryna Voloshyna

Abstract

The article analyzes the individual’s constitutional freedom to conduct business. The subject of the study is the concept, content and features of the person’s constitutional freedom to conduct business in Ukraine. The article’s objective is after analyzing the current legislation of Ukraine and generalizations of practice of its realization to determine essence, content and features of constitutional ensuring of a regime of legality of business activity in Ukraine. The authors have used philosophical, general scientific and special methods. The dialectical method has been used to make a comprehensive analysis of the constitutional ensuring of the regime of legality of entrepreneurial activity in Ukraine and its functional purpose in present conditions. The use of methods of analysis, synthesis, systemic and structural-functional methods has allowed to study the main components of the constitutional ensuring of the regime of legality of entrepreneurial activity in Ukraine, to analyze the legal category of “individual freedom to conduct business”. The use of structuralfunctional method has promoted a comprehensive research of legal relations arising in the implementation of the right to doing business. The comparative-legal method has been used in the theoretical substantiation of various aspects of the constitutional ensuring of the regime of legality of entrepreneurial activity in Ukraine. The author’s definition of the individual constitutional freedom to conduct business has been proposed. The issue of peculiarities of economic management of an individual as a business entity has been considered. The legal status of an individual has been compared with the legal status of an individual entrepreneur. There is the list of individual entrepreneurs’ duties. The list of restrictions on the possibility of doing certain activities by individual entrepreneurs has been given. The procedure for state registration of an individual entrepreneur has been considered. The essence and main tools of mechanisms of state regulation of business activity in Ukraine has been determined. The problem of regulatory mechanisms has been highlighted. The main functions, tools and methods that guide the state in regulating entrepreneurship have been formed. The role of the government in the regulation of the economy and the functioning of business entities has been revealed. The international experience of government regulation of entrepreneurship has been described. Statistics have been given and country-specific examples have been generated. Ways to overcome problems of stimulating small and medium businesses have been identified. Based on the analysis, generalization and systematization of scientific sources, the weaknesses of the mechanisms of government regulation of entrepreneurship in Ukraine have been highlighted. The authors have formulated conclusions and they have offered directions of improvement of government regulation for the purpose of perfecting and development of business in Ukraine. There is the analysis of current state of constitutional means of government support of entrepreneurship in Ukraine; there is the description of existing accounting regimes concerning the official registration of individuals and legal entities as business actors, as well as the regulation of normative legal requirements for conducting business in Ukraine There is the authors’ vision of the content of the concept of “legality of business activities in Ukraine” regarding present tendencies of development of relations in the area of entrepreneurship and objective necessity of their regulation by constitutional means. The authors’ conclusion is that the individual constitutional freedom to conduct business is a constitutionally enshrined, not prohibited, and detailed by the laws of Ukraine economic opportunity for independent, proactive, systematic activities at their own risk to exercise the right to manufacture products, perform works, provide services, trading for profit, and its features are: enshrining it in the Constitution and laws of Ukraine; no restriction or prohibition of human opportunities for entrepreneurial activity; independence, initiative, regularity, riskiness of activity; manufacturing products, performing works, providing services, trade; profit.

How to Cite

Penkov, S., & Voloshyna, M. (2021). CONCEPT OF INDIVIDUAL’S CONSTITUTIONAL FREEDOM TO CONDUCT BUSINESS IN UKRAINE. Baltic Journal of Economic Studies, 7(1), 107-114. https://doi.org/10.30525/2256-0742/2021-7-1-107-114
Article views: 22 | PDF Downloads: 12

##plugins.themes.bootstrap3.article.details##

Keywords

guarantees of constitutional freedom, government regulation of entrepreneurship,, constitutional freedom, entrepreneurship, business activity, legal status, offenses in the entrepreneurship, combatting offenses, freedom of entrepreneurship, entrepreneur

References

Vinnyk, O. M. (2017). Business Law: a course of lectures (general part). Kyiv: Lira-K, 239 p.

Commercial Code of Ukraine: Law of Ukraine: Law of Ukraine No. 436-IV dated January 16, 2003. Available at: https://zakon.rada.gov.ua/go/436-15.

On Farming: Law of Ukraine No. 973-IV dated June 19, 2003. Available at: https://zakon.rada.gov.ua/go/973-15.

The Constitution of Ukraine No. 254к / 96-ВР dated June 28, 1996. Available at: http://www.zakon.rada.gov.ua/go/254к/96-вр.

On Entrepreneurship: Law of Ukraine No. 698-XII dated February 7, 1991. Available at: https://zakon.rada.gov.ua/go/698-12.

Buhlak, Yu. O., & Zhuravlov, D. V. (2016). Administrative and legal principles of de-shadowing of relations in business: a monograph. Kyiv: Helvetica, 199 p.

Cherednichenko, H. A. (2014). The mechanism of state regulation of business activity in Ukraine and directions of its improvement. Economics and management: problems of science and practice: Collection of scientific articles. Nuremberg: Verlag SWG imex GmbH, vol. 1, pp. 162–167. Available at: http://conf.at.ua/archive/19_12_2014_Vol_1.pdf.

Prokopets, L. V. (2018). Mechanisms of state regulation of entrepreneurial activity. Business navigator, vol. 1–1, pp. 162–166.

Kyrychenko, Yu. V. (2015). Constitutional regulation of the right to entrepreneurial activity in Ukraine and the countries of continental Europe. Scientific Bulletin of Kherson State University. Series: Legal Sciences, vol. 5 (1), pp. 75–79.

Krehul, Yu. I., & Bank, R. O. (2016). Security of entrepreneurial activity in Ukraine: administrative and legal aspect: monograph. Kyiv: Kyiv National University of Economy and Trade, 239 p.

Khomko, L. V., & Kulhavets, Kh. Yu. (2016). Legal regulation of entrepreneurial activity: a textbook. Lviv: Lviv Department of Internal Affairs, 423 p.

Bachynskyi, A. Ya. (2018). Mechanisms of state regulation of business activity in Ukraine. Scientific notes of Taurida National V.I. Vernadsky University. Series: Public Administration, vol. 29 (68), issue 2, pp. 52–55.

Kasianenko, D. I. (2018). Peculiarities of managing an individual as a business entity. Young scientist, issue 10 (2), pp. 659–662.

Bilousov, Ye. M. (2017). Actual problems of economic and legal support of economic security of Ukraine: monograph. Kharkiv: Pravo, 239 p.

Code of Ukraine on Administrative Offenses: Law of Ukraine No. 8073-X dated December 7, 1984. Available at: http://www.zakon.rada.gov.ua/go/80731-10