CONSTITUTIONAL HUMAN AND CITIZEN RIGHTS TO ENTREPRENEURIAL ACTIVITY

Ivan Pankevych ()
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Ivan Pankevych: doctor habilitation of science, professor of the Constitutional, European and International Public Law Department at the University of Zielona Góra, Poland; professor of the Constitutional Law and Sectoral Subjects Department at the National University of Water and Environmental Engineering

Perspectives of Law and Public Administration, 2019, vol. 8, issue 2, 343-351

Abstract: An important factor in the development of modern society and a means to form a social state with the rule-oflaw is the constitutional declaration of human rights and freedoms as the highest value. However, formal recognition of democratic and broad rights and freedoms does not imply the instant acquisition by an individual of the possibility to fully exercise the values determining the rights. It is important to create an efficient social and legal mechanism for implementation of rights and freedoms that includes guarantees to secure and protect them. That is why in this study, the author employed such research methods as logical, observation, modeling, forecasting, comparative law analysis, etc. The state recognizes a right of an individual and a citizen to entrepreneurial activity. At the same time, it shall guarantee the possibility to exercise the kind of activity within its territory. The guarantees are stipulated not only in the Constitution of Ukraine but also in the respective sectoral law. In addition, by recognizing agreements ratified by Ukraine to be part of Ukrainian legal system, legislators confirmed that human and citizen rights protection, including also such important right as the constitutional right to entrepreneurial activity, is not an exclusive internal affair of Ukraine. Despite the 30 years of market economy functioning in Ukraine, citizens still have inflated demands for the paternalistic role of the state. The principle of social state fixed in the Constitution of Ukraine is partly restricting the exercise of the constitutional right to entrepreneurial activity. In fact, equality before the law is often interpreted as the need to provide for equality of results in society with the help of fair redistribution. At the same time, the shaping a market economy in Ukraine, with the leading role of oligarchic business groups, resulted into mass pulling of their capital into offshore, investment of profits gained in Ukraine into foreign businesses and real estate. Consequently, it generates distrust and disappointment of Ukrainian citizens for their own state and its representatives, and impedes the reform process in the country.

Keywords: constitutional rights; human rights; guarantee of human rights protection; economic rights; entrepreneurial activities; market economy. (search for similar items in EconPapers)
JEL-codes: K11 K14 K15 K19 K22 K31 P14 (search for similar items in EconPapers)
Date: 2019
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