FREEDOM OF ENTREPRENEURIAL ACTIVITY THROUGH THE FORMAT OF THEORY AND PRACTICE OF THE ECHR

Abstract

The article analyzes the international legal guarantees of protection of the individual’s right to freedom of entrepreneurial activity through the format of legal approaches and practice of the ECHR. The article states that cooperation between the state and entrepreneurs could become the basic foundation of economic recovery and growth in post-war Ukraine, but business needs legal certainty and guarantees of its activity. In countries where manifestations of corruption have become an integral part of its social existence, the business develops extremely reluctantly, because it needs thorough international legal judicial guarantees. The cohort of international legal guarantees includes the obligation of Ukraine to comply with the decisions of the ECHR, as well as to ensure the proper conditions for the full implementation of the convention legislation on the protection of individual rights. It was determined that the Convention legislation does not directly regulate the right of a person to freedom of entrepreneurial activity, which is not prohibited by law, but the ECHR requires national participating states to ensure it through the format of an extended interpretation of the provisions of Article 1 of Protocol № 1 of the Convention, which corresponds to the legal status of a democratic, social and the rule of law. Conventional legislation maintains its relevance, does not «get old» and meets the state-building requirements of all treaty countries today due to the fact that the ECtHR uses a unique methodology for the formation of legal approaches, which consists in a broad evolutionary interpretation of the norms of conventional legislation. This leads to the formation of a stable system of conceptual legal approaches, in which the legal positions of the ECtHR have universal significance, which allows to «adapt» the provisions of the convention legislation to the requirements of today, outside the procedure of directly amending them. It was established that «peaceful possession of property» is such only if there is a real possibility of «peaceful» use of it by a person at his discretion, in particular in the field of entrepreneurial activity, because such «property» can form a material or purely financial basis for the development of private entrepreneurship.