WAYS OF DEVELOPING THE CONCEPT OF BUSINESS AND HUMAN RIGHTS IN THE ECONOMIC LEGISLATION OF UKRAINE

Abstract

The article analyzed the legal nature of the UN Guiding Principles on Business and Human Rights (in the works of their compiler, J. Raggi, Special Representative of the UN Secretary-General on Human Rights and Transnational Corporations and other Business Enterprises regarding the theoretical foundation of these Principles). The hypothesis was carried out that the idea laid in the core of the UN Guiding Principles is close to the concept of the "social economic order", developed by H. Znamenskyi within the formation of the theoretical foundations of economic law. The following common features were identified: going beyond the established vision and introducing an additional element to solve a problem that cannot be solved within the existing "coordinate system"; ensuring the universality of such an element and its focus on solving key issues, or regulating the economic relations in general, or regulating the corporate behavior; applying systematization and building interaction between various components of a particular subject, method, principle, etc., based on the general subordination or reference to the additional element indicated above. The prospects for the development of the concept of business and human rights in the economic legislation of Ukraine are formulated. New versions of Articles 44 and 49 of the Economic Code of Ukraine are proposed. In particular, the proposals were made to include business respect for human rights in the list of principles of entrepreneurship activity. With regard to the responsibility of business entities, it is proposed to define, that entrepreneurs are obliged not to harm the environment, not to violate human rights, the rights and legitimate interests of citizens and their associations, other business entities, institutions, organizations, the rights of local self-government and the state. Also, they must avoid causing or contributing to adverse human rights impacts caused by their activities and address such impacts when they occur. Finally, businesses must seek to prevent or reduce negative human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.