Formation of the Right of Citizens of Ukraine to Entrepreneurial Activity that is not Prohibited by Law and its Criminal Law Protection
Abstract
Abstract. The article explores the historical stages of the formation and development of the right of Ukrainian citizens to engage in entrepreneurial activity not prohibited by law, focusing on the evolution of its criminal-law protection. The relevance of the study is conditioned by the need to understand the historical prerequisites for the emergence of the modern system of legal regulation of entrepreneurship and mechanisms of its criminal-law safeguarding. The research is based on a combination of general scientific methods (historical, logical, and systemic approaches) and special legal methods, including comparative-legal, formal-dogmatic, and legal modeling techniques. The paper analyzes the transformation of the right to entrepreneurship from its total prohibition during the Soviet era to its constitutional recognition under Article 42 of the Constitution of Ukraine. The adoption of key market-oriented acts – the Law of Ukraine "On Property", the Civil Code, and the Commercial Code – provided the legal framework for ensuring economic freedoms. The study highlights the formation of criminal-law mechanisms for protecting entrepreneurial rights, particularly the provisions of Chapter VII of the Criminal Code of Ukraine concerning unlawful entrepreneurship, fictitious business activity, obstruction of lawful economic operations, and corruption-related offences. Current trends in the reform of entrepreneurial legislation are identified, including deregulation, digitalization, development of electronic services, and harmonization with EU law. The article outlines persisting challenges such as corruption, legislative instability, deficiencies of the judiciary, and the shadow economy. It is emphasized that improvement of the criminal-law protection of entrepreneurship should rely on the implementation of European standards, enhancement of professional competence among law-enforcement officers, and development of preventive and digital mechanisms of legal protection. It is concluded that the constitutional right to entrepreneurship, as a fundamental element of economic freedom, requires continuous improvement of its legal guarantees to foster a stable market economy and Ukraine’s integration into the European legal space.
Keywords: entrepreneurial activity; criminal law protection; constitutional rights; economic freedoms; legal regulation; economic law.
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References
Aheiev, A.I. (1991). Entrepreneurship: the problem of property and culture. Kharkiv.
Arkhipov, S.I. (2005). Subject of law (theoretical study). Extended abstract of Doctor's thesis. Kharkiv.
Bulatetskyi, Yu.Ya. (Eds.). (2011). Economic (entrepreneurial) law. Kharkiv.
Fedotova, I.O. (2012). Theoretical aspects of determining the content and elements of the legal status of subjects of customs legal relations. Bulletin of the Academy of the Customs Service of Ukraine. Series "Law", 1, 7-12.
Hryhorchuk, M.V., & Zverichenko, M.O. (2024). Legal grounds for carrying out entrepreneurial activity under martial law. Legal Bulletin, 11, 64-71. DOI: 10.31732/2708-339X-2024-11-A9
Husieva, A.L. (2013). On the issue of guarantees for the implementation of the constitutional right to freedom of entrepreneurial activity. Bulletin of the International Humanitarian University, 2, 35-39.
Kramarenko, I.V. (2024). The concept of criminal-legal protection of economic relations in the sphere of the construction market. Scientific Bulletin of Uzhgorod National University. Series "Law", 86(4), 270-276. DOI: 10.24144/2307-3322.2024.86.1.4.41
Kurbatov, A.Ya. (2001). Ensuring the balance of private and public interests is the main task of law at the present stage. Entrepreneurship and Law, 6, 88-97.
Okuniev, I.S. (2009). General theoretical principles of the legal status of subjects of law. Extendede abstract of candidate's thesis. Kyiv.
Oliinyk, A.Yu. (2021). Constitutional freedom of an individual to engage in entrepreneurial activity in Ukraine. Kyiv: KNUTD; Dnipro: DDUVS.
Oliinyk, A.Yu., & Keda, I.V. (2019). The concept of guarantees for the implementation of constitutional freedom of an individual for entrepreneurial activity in Ukraine. Bulletin of the National Technical University of Ukraine "Kyiv Polytechnic Institute". Series "Political Science. Sociology. Law", 4(44), 131-136. DOI: 10.20535/2308-5053.2019.4(44).199743
Paramanov, D.Yu. (2020). On the concept of entrepreneurial activity: administrative aspect. Legal Science, 7(109), 119-127. DOI: 10.32844/2222-5374-2020-109-7.16
Pohorilko, V.F., & Fedorenko, V.L. (2007). Constitutional law of Ukraine. V.F. Pohorilko (Eds.). Kyiv.
Skakun, O.F. (2012). Theory of law and state. (3rd ed.). Kyiv: Alerta.
Tretiak, V.V. (2024). Criminal-legal protection of economic relations. Irpin legal journal, 4(17), 200-209. DOI: 10.33244/2617-4154.4(17).2024.200-209
Tymoshenko, I.V. (2008). Commercial law. Kyiv.
Yershova, I.V. (2016). Economic activity: concepts and correlation of related categories. Lex Visnyk, 9, 46-61.
Zhylinskyi, S.Ye. (2002). Business law. Kharkiv.
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