SOCIAL ENTREPRENEURSHIP: EXERCISE OF THE CONSTITUTIONAL FREEDOM OF A PERSON FOR ENTREPRENEURIAL ACTIVITY
SOCIAL ENTREPRENEURSHIP: EXERCISE OF THE CONSTITUTIONAL FREEDOM OF A PERSON FOR ENTREPRENEURIAL ACTIVITY

Summary/Abstract: The article analyzes the category of freedom of entrepreneurial activity. Regulatory and legal guarantees of entrepreneurial activity enshrined in the Constitution of Ukraine are being worked out. The exercise of a person’s constitutional freedom to engage in entrepreneurial activity is a step-by-step implementation in lawful behavior by participants in entrepreneurial legal relations of legally established agreements and responsibilities that contribute to obtaining material and spiritual benefits in the field of production, performance of work, provision of services and trade, etc. The importance of consideration of the constitutional guarantee of the right to entrepreneurial activity is determined by several reasons, in particular: the legislative framework of Ukraine in the field of economic legal relations is determined by some irregularity and inconsistency, and needs modernization; and the current state of implementation of the constitutional right to entrepreneurial activity is unsatisfactory. In view of this, there is an urgent need for scientific awareness of the effective legislative mechanism for the implementation of constitutional guarantees for entrepreneurial activity. The support of the state in the exercise of a person’s constitutional right to entrepreneurial activity should be implemented through a positive influence on the formation of guarantees of this right, therefore, it is necessary to include the entire complex of legal means in order to ensure that the state bodies comply with the necessary conditions for the effective implementation of the right that belongs to a person and a citizen. The guarantees of the right to entrepreneurial activity provided for in the Constitution of Ukraine are sometimes normative in nature. First of all, this is due to the fact that the normative legal acts specifying the Constitution of Ukraine contain some inconsistencies and gaps. Regarding the fixing of these guarantees at the constitutional level, the right to entrepreneurial activity shows that it is necessary to allocate a block dedicated to the economic sphere, which will form a systemic influence on the content of current legislation and an applied mechanism for the implementation of such guarantees. The issue of the creation of agreements by the state for the appropriate functioning of entrepreneurial activity is inseparable from the understanding and legal support that must be played in the implementation of guarantees of entrepreneurship, for which an effective legal mechanism for managing the economy and creating the conditions for engaging in entrepreneurial activity is necessary; and the creation of separate directions and criteria for achieving and ensuring the right of citizens to entrepreneurial activity.

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