THE ESSENCE AND MEANING OF THE STATUS OF ENTREPRENEURIAL ACTIVITIES AS A CONSTITUTIONAL AND LEGAL CATEGORY

Abstract

The constitutional right to enterprise activity, which is an element of the legal status of a separate individual, is also the foundation of the market form of business, which is based on the freedom of economic activity. In this connection, the reality of the right to entrepreneurialventuresunder the conditions of the constitutionally established strategy of market economy is one of the fundamental factors determining the successful functioning of the entire economic system. The Institute of guarantees of realization of the right to entrepreneurship is intended to provide objective realization of this right in fact, determining the rapid and directions of development of market relations therefore, search of ways of increase of effectiveness of the Institute's action today is the most important task of both law-and-law-enforcement theorists and practitioners. The Constitution of Ukraine occupies a special place in the legal system of entrepreneurship. As the guarantor of human and civil rights and freedoms as the highest value, the Constitution of Ukraine allowed to legislatively formulate the rights and guarantees of entrepreneurial activity. The issue of legal realization of constitutional freedom concerns regulation of the state in the sphere of entrepreneurship, the content of which is activity on realization of the function of the state on ensuring economic order. The influence of the state in the sphere of economy depends on public interests. To protect public interests on the economic arena, the state influences the subject, using the norms of the competent state body, as well as normative powers and individual activities. Everyone has the right to defend his rights and liberties from violations and unlawful encroaching by any means not prohibited by law, and to seek protection from court and other state bodies. Everyone also has the right to apply for protection of his rights to the Authorized Verkhovna Rada of Ukraine for Human Rights, and after using all national means of legal protection – for protection of his rights and liberties to the relevant international judicial institutions or to the relevant branches of international organizations, the member or participant of which is Ukraine.