Принципи господарського права у Господарському кодексі України
Principles of сommercial law in the commercial code of Ukraine

Summary/Abstract: The article is devoted to the analysis and research of the problem of the principles of economic law and their legislative consolidation with the aim of improving and correcting the existing shortcomings for giving the principles of economic law a practical value. The article gives a detailed analysis of articles 5 and 6 of the Commercial Code of Ukraine.The state of modern economic legislation is not perfect. The principles of law become increasingly impotent at this time, as the guiding, fundamental principles that determine the essence and content of law, based on the moral, political and economic values of society.The principles of law simultaneously establish the content and direction of law making and law enforcement process.Despite the great importance of the principles of law for the process of legal regulation, unfortunately, the topic of the principles of commercial law is not sufficiently investigated today, and this effective legal instrument is using not enough for regulating public relations.There is no common approach to the definition of the content and classification of the principles of commercial law, and the Commercial Code of Ukraine contains Art. 5 "Constitutional Principles of Law Enforcement in the Sphere of Management",Art. 6 «General principles of management», Art. 44 "Principles of entrepreneurial activity", but has no article defining the principles of commercial law.All of the foregoing gives grounds for concluding that:The economic code of Ukraine in the part of defining the bases of law and order in the sphere of economic activity and principles of management, contains provisions that are simple duplication of the norms of the Constitution of Ukraine,that are in majority cases are only useless, but sometimes this provisions even are contradictory to the Constitution of Ukraine due to the imperfection of legal technique their implementation. There are the lot of unnecessary repeats in the economic code of Ukraine itself.All these disadvantages exist at a time when, the basically codified act of the branch of economic law does not contain an article about the principles of economic law, which should be the basis for determining the direction of legal regulation of economic relations, for giving an opportunity to resolve legal conflicts and fill gaps in economic law, for interpretations of legal norms and establishing standards, values and guidelines for the participants in economic relations.The problem of principles of economic law seems to be an independent and especially actual object of economic and legal research, and therefore requires special complex scientific researches in order to make the principles of economic law a real instrument of economic and legal regulation in conditions of the extraordinary dynamics of development of economic legislation and the existence of luge numbers of conflicts of law

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