Constitutional guarantees rights to entrepreneurial activity

2021 ◽  
Author(s):  
Serhiy Hlibko ◽  
Olga Grechko
Keyword(s):  
Economic Activity ◽  
Entrepreneurial Activity ◽  
Main Body ◽  
Economic Management ◽  
Systemic Impact ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
Legal Mechanism ◽  
Problem Setting

Problem setting. The article considers the category of freedom of entrepreneurial activity. The normative-legal and organizational-legal guarantees of entrepreneurial activity, enshrined in the Constitution of Ukraine, are studied. Particular attention is paid to constitutional restrictions in the field of entrepreneurial activity. Target of research is to study the constitutional guarantees of ensuring the right to entrepreneurial activity and to identify shortcomings in the mechanism of their implementation. Analysis of recent researches and publications. The constitutional right to entrepreneurial activity and guarantees of its provision have been the subject of research by many scholars, in particular M.V. Vitruk, B.S. Ebzeev, M.I. Matuzov, M.P. Orzikh, M.I. Kozyubra, V.F. Pogorilka, P.M. Rabinovych, S.V. Riznyk, Yu. M. Todyky, O.O. Chub, V.M. Shapoval, V,S. Shcherbyna and others. Only some aspects of this issue were considered in the special literature, respectively, a comprehensive study of the constitutional guarantees of the right to entrepreneurial activity has not found its proper elaboration. Article’s main body. The guarantees of the right to entrepreneurial activity provided for in the Constitution of Ukraine are sometimes declarative in nature. This is due to the fact that regulations, specifying the Constitution of Ukraine, contain some inconsistencies and gaps. With regard to the constitutional enshrinement of guarantees of the right to entrepreneurial activity, it is necessary to single out a block devoted to the economic sphere, which will create a systemic impact on the content of current legislation and the practical mechanism for implementing such guarantees. Conclusion and prospects for the development. The issues of creating conditions for the proper conduct of economic activity by the state are inseparable from the understanding and legal support of the implementation of guarantees of entrepreneurship, which requires an effective legal mechanism for economic management and the creation of appropriate conditions for economic activity.

Actual issues of the search of housing or other possession of the person

2021 ◽  
Author(s):  
Yevhen Povzyk
Keyword(s):  
Law Enforcement ◽  
Scientific Literature ◽  
Scientific Research ◽  
Main Body ◽  
Unified Approach ◽  
Basic Law ◽  
The Supreme Court ◽  
The Subject ◽  
The Right ◽  
Problem Setting

Problem setting. One of the basic human rights, enshrined in the Constitution of Ukraine, is the right to inviolability of housing or other possession. The Basic Law stipulates that no penetration into a home or other possession of a person, inspection or search in them is allowed differently than according to a motivated court decision. This provision means that the state is authorized to reasonably restrict the above law. However, according to law enforcement practice, such restriction of the right to inviolability of housing or other possession is not always reasonable and there is an unequal and improper application of regulatory provisions regulating the procedure for carrying out this investigative (investigative) action. This, in turn, requires a comprehensive analysis of problematic issues that arise during the search and a unified approach to their solution. The object of research is legal relations arising during a search of housing or other possession of a person. The subject of the study are regulations that regulate the grounds, conditions and procedural procedure for conducting a search of housing or other possession of a person. Analysis of recent researches and publications. In the scientific literature, certain aspects of the search of housing or other possession were the subject of scientific research of such scientists as: V. Goncharenko, I. Hlovyuk, V. Zaborovsky, V. Noor, O. Kaplina, O. Komarnytska, O. Shvykova, M. Shumylo etc. Target of research is to study problematic issues arising during the search of housing or other possession of a person and to develop on its basis proposals for improving the current criminal procedural legislation. The scientific novelty of the research is to express proposals for improving the current criminal procedural legislation, which relate to the procedural procedure for the search of housing or other possession of a person, the announcement of a break in its conduct and the peculiarities of fixing its results. Article’s main body. The scientific research is devoted to the analysis of the grounds, conditions and procedural procedure for conducting a search in a dwelling or other possession of a person, guarantees of protection of the rights and freedoms of a person during this investigative (search) action, features of fixing the course of conducting a search of a home or other possession of a person. Conclusions and prospects for the development. Based on the analysis, we conclude that it is appropriate to apply to the decision of the Supreme Court of 02.09.2020. № 591/4742/16-k, which states that the protocol of the search of housing is unacceptable evidence, if it does not contain information about the employees of the operational units involved in it, the sequence of all actions during the search and packaging of seized items, as well as if during the search at the time of detection of equipment intended for the manufacture of narcotic drugs (subject of crime), were not present understood, invited investigators after the discovery of such equipment.

scholarly journals THE CONSTITUTIONAL RIGHT TO A HEALTHY ENVIRONMENT

2018 ◽  
pp. 17-21
Author(s):  
M.N. Rudman
Keyword(s):  
Russian Federation ◽  
Constitutional Law ◽  
Environment Analysis ◽  
Healthy Environment ◽  
The Russian Federation ◽  
Constitutional Right ◽  
The Right ◽  
Legal Mechanism

The article reveals the content of the constitutional right to a healthy environment. Analysis of economic and international legal factors in the formation of the modern institution of the right to a healthy environment in the Constitution of the Russian Federation is supplemented with the characteristic of process of formation of this law in Soviet constitutional law. Characterized by a legal mechanism of realization of the right to a healthy environment in the modern legislation of the Russian Federation.

ON THE QUESTION OF THE CONCEPT OF ENTREPRENEURIAL ACTIVITY AND ITS RELATION TO OTHER TYPES OF ECONOMIC ACTIVITY

2021 ◽  
Author(s):  
Татьяна Александровна Скворцова ◽  
Владислав Андреевич Сорокин
Keyword(s):  
Economic Activity ◽  
Entrepreneurial Activity ◽  
Legal Definition ◽  
The Subject ◽  
Definition Of

Предметом данной статьи является анализ понятия предпринимательской деятельности и определение соотношения предпринимательской деятельности с иными видами экономической деятельности. Исследована легальная дефиниция «предпринимательская деятельность» и определены признаки, отграничивающие данный вид деятельности от других разновидностей экономической активности. The subject of this article is the analysis of the concept of entrepreneurial activity and the determination of the ratio of entrepreneurial activity with other types of economic activity. The legal definition of "entrepreneurial activity" is studied and the features that distinguish this type of activity from other types of economic activity are determined.

„PACIJENTOVO PISMO“ KAO PRAVNI OSNOV ZA PRIMENU PASIVNE EUTANAZIJE

2021 ◽  
pp. 211-229
Author(s):  
Aleksandra Pavićević ◽  
Keyword(s):  
Living Will ◽  
Self Determination ◽  
Foreign Countries ◽  
Prolongation Of Life ◽  
The Subject ◽  
Constitutional Right ◽  
The Right ◽  
The Relationship ◽  
Domestic Law ◽  
Dying Patient

The subject of the paper is the relationship between the duties of physicians and other medical professionals towards the dying patient (as a provider of medical services) and the patient's right to personal choice and preservation of his own right to self-determination in relation to body and life, which is a special subjective civil right. The author discusses the legal-medical (but also ethical) issue of the patient's ability to freely decide not to agree to a medical measure of artificial prolongation of life or suspension of already started measures. The issue is examining the limits of the so-called permissibility of “passive euthanasia”, which is indirectly recognized in domestic law by the Law on Patients' Rights and the legal basis for its application in one particular modality, the so-called "Patient letter" (living will) which is an established legal instrument in some foreign legislation and practice. Analyzing the experience of some foreign countries, the author supports the introduction of such an institute - as a kind of anticipated directives in domestic law, referring to the patient's constitutional right to self-determination, which embodies the supreme good, even more valuable than (unwanted) life. Such a solution is in line with the principle of human will autonomy, freedom to dispose of life as a personal good, and potentially a reflection of the so-called "the right to die", which is the reverse of the right to life

Problems of legal regulation of employee depression

2021 ◽  
pp. 30-34
Author(s):  
Julia BURNYAGINA
Keyword(s):  
Market Economy ◽  
Legal Regulation ◽  
Main Body ◽  
Socialist Society ◽  
Remuneration System ◽  
Bonus System ◽  
Pay System ◽  
The Right ◽  
To Receive ◽  
Problem Setting

Problem setting. When organizing an incentive-bonus system at the enterprise, along with determining the source of bonuses, indicators and conditions of bonuses, establishing the amount of bonuses and terms of bonuses, the grounds for depreciation of employees are established. Analysis of resent researches and publications. Most researchers who have studied bonuses have also paid attention to the problem of depressing employees. Among them A.Yu. Pasherstnik, O.D. Zaykin, S.S. Karinsky, R.Z. Livshits, OI Protsevsky, MI Kuchma, V.Ya. Gotz, P.D. Пилипенко, В.І. Prokopenko, VG Rotan and others. However, the problems that exist in this area determine the relevance of the topic, and their research - timely and practically necessary.Article’s main body. Due to the entry into the market economy, employers rejected almost everything that was proclaimed by the socialist society, although the principles of bonuses remained the same. If we look from the standpoint of compliance with the employee's right to timely and full payment, some approaches to bonuses should be found to violate the rights of the employee, especially the right to receive wages in full. We are talking about non-payment of bonuses for violation of labor discipline.Conclusions and prospects for the development. Each type of bonuses - conditioned and not conditioned by the system of remuneration - has its official purpose, which indicates its legal specificity. The bonuses set by the remuneration system include a clear system of guarantees for their payment, so they are more objective than other bonuses and meet the objectives of material incentives. Bonuses that are not determined by the pay system, leave more opportunities to encourage individual labor contributions of the employee, are more subjective.

Subject of corporate agreements: actual economic and legal approaches to the definition

2020 ◽  
pp. 46-52
Author(s):  
Mykhailo Nikolenko
Keyword(s):  
Subject Matter ◽  
Management Control ◽  
Corporate Law ◽  
Practical Significance ◽  
Main Body ◽  
The Subject ◽  
Critical Understanding ◽  
Problem Setting ◽  
Broad Approach ◽  
Economic Agreement

Problem setting. The theoretical and practical significance of the subject of contract result in the need of studying this issue in the context of the corporate agreement, especially in the terms of its concise and incomplete regulation. Analysis of recent researches and publications. V.A. Vasilieva, Yu.M. Zhornokyi, M.M. Sigidin, K.O. Ryabova, D.V. Lomakin, M.V. Trubina, V.G. Borodkin, M.S. Varyushin and others have been researched the subject of corporate agreements. Theirs scientific minds formed the basis of this research, but in the conditions of the corporate law revision, the relevance of this study is obvious. The purpose of the article is to identify the subject of corporate agreements based on a critical understanding of fundamental doctrinal and legislative principles of its definition. Article’s main body. Formalization of corporate agreements in Ukraine led to the studying of its subject matter at higher level and gave the possibility of systematizing the basic, constitutional considerations of such subject. Thus, at legislative level the corporate contract subject definition should (a) stand with organizational nature of the corporate agreement as the economic agreement; (b) define widely the object of obligations what is such agreement about - participation rights; (c) indicate the active or passive nature of the mutually agreed activities what are subject of the corporate agreement; (d) provide a broad approach to the increase the nature of the actions to be established - the development of an organization (including management, control). Conclusions and prospects for the development. Based on the research, the subject of corporate agreement should defined as mutually agreed procedure and peculiarities of realization of corporate and other rights of members of the company or abstaining from its realization and fulfillment of obligations during organization of activity of the company

Terms of service as a ground for establishment of ownership to virtual property

2020 ◽  
pp. 62-67
Author(s):  
Kateryna Nekit
Keyword(s):  
Property Rights ◽  
Main Body ◽  
Virtual Property ◽  
Judicial Practice ◽  
Legal Nature ◽  
Service Agreement ◽  
The Right ◽  
Mixed Agreements ◽  
Legal Consequences ◽  
Problem Setting

Problem setting. Today, the use of numerous sites is allowed only with the consent of the user agreements (Terms of Service) offered by them. Most often, users tick them, which is tantamount to signing such agreements, without even reading. However, it turns out that in most cases, user agreements, which are essentially agreements between users and providers, are aimed only at securing the interests of providers and in fact impose significant restrictions on users without granting them any rights other than the right to use the service. In addition, providers create them in such a way as not to draw the attention of users to the presence of the contract in this relationship. Such agreements are generally placed as hyperlinks at the bottom of the page or are created as a step that the user must agree to during registration. On this basis, the question of the need to strengthen the protection of users’ rights as a weaker party to the contract, by analogy with consumer protection, is increasingly raised. Moreover, the possibility of considering a user agreement as a kind of contract is widely discussed. Analysis of recent researches and publications. Given the novelty of such a phenomenon as user agreement, today there are not many studies devoted to them, especially in domestic science. Among foreign researchers of the legal nature and specifics of user agreements can be mentioned K. Cornelius, L. Belli and J. Venturini, T. Romm, P. Randolph, M. Radin, A. Savelyev, N. Vlasova. Thus, there is a lack of domestic research on the legal nature of user agreements, so there is an urgent need for research in this area. Target of research is to study the legal nature of the user agreement and analyze the possibility of it to become a ground for legal relationships, in particular, a ground for establishment of ownership to virtual property. Article’s main body. The article analyzes the possibility of considering user agreements as potential grounds for the emergence of ownership to virtual property. The judicial practice to protect the rights of users of accounts and European approaches to the protection of user rights are analyzed in the article. The research data, which give grounds to speak about violation of user rights by user agreements are given. In turn, this gives reason to question the possibility of considering the user agreement as a kind of contract. However, the analysis performed allows us to conclude that it is possible to consider the user agreement as a mixed contract, which can potentially serve as a ground for the emergence of virtual property rights. Conclusions and prospects for the development. Terms of Service agreements should be considered as mixed agreements that contain elements of several agreements. In particular, in the context of the emergence of virtual property rights from such agreements, elements of the Terms of Service agreement should be distinguished, which determine the legal consequences for the virtual property created within the online platforms. In the doctrine, the concept of virtual property as a kind of property right is already quite common today, and this kind of right may well arise from the contract, which in this case may be the Terms of Service agreement. If the Terms of Service agreement is recognized as the ground for the emergence of virtual property rights, it is necessary to provide in it how the balance of interests of platform developers and users in relation to virtual property will be determined. Obviously, all the features of the implementation and protection of virtual property rights, cases of its restriction will be specified in the contract.

scholarly journals New approaches to the definition of violation of tax legislation

2021 ◽  
pp. 75-81
Author(s):  
Oksana Makuch
Keyword(s):  
Legal Regulation ◽  
Tax Law ◽  
Main Body ◽  
Modern Approach ◽  
Regulatory Authorities ◽  
Tax Legislation ◽  
The Subject ◽  
Research Questions ◽  
Definition Of ◽  
Problem Setting

Problem setting. With the adoption of the Law of Ukraine "On Amendments to the Tax Code of Ukraine to improve tax administration, eliminate technical and logical inconsistencies in tax legislation" of 16 January 2020, many provisions of which entered into force on January 1. 2021, the approach to defining the concept of violation of tax legislation and the characteristics of its composition was changed. In particular, guilt is established as a mandatory feature of a tax offense, liability is established not only for taxpayers, but also for regulatory authorities and their officials (officials). Analysis of recent research. Questions about the nature of the tax offense, its composition and characteristics were the subject of research by such scientists as: P. Duravkin, D. Kobylnik, A. Kotenko, M. Kucheryavenko, R. Khanova. However, given the changing legislative approach to the definition of tax offenses and the characteristics of its composition, there is a need to study them. The purpose of the article is to consider the novelties of the tax legislation of Ukraine to determine the violation of tax legislation. Article’s main body. The article considers the modern approach of the legislator to the definition of the concept of violation of tax legislation and the characteristics of its composition. Emphasis is placed on the inexpediency of fixing only an intentional form of guilt in committing violations of tax law. Conclusions. It is noted that currently the legislator provides for two different legal mechanisms for compensation for damage caused to the taxpayer by officials of the controlling body. It is emphasized that such an approach is one of the manifestations of permissive rule in tax and legal regulation. The necessity of making changes to the Tax Code of Ukraine to improve the definitions of ongoing and repeated tax offenses is argued.

scholarly journals LEGAL NATURE OF CONTRACTS IN THE FIELD OF ENTREPRENEURIAL FISHING

2020 ◽  
Vol 30 (1) ◽  
pp. 120-124
Author(s):  
Yu.E. Budnikova
Keyword(s):  
Environmental Management ◽  
Natural Resources ◽  
Civil Law ◽  
Public Law ◽  
Entrepreneurial Activity ◽  
Legal Nature ◽  
Complex Regulation ◽  
Contractual Relations ◽  
The Right ◽  
Legal Mechanism

The article analyzes the legal nature of contractual relations arising from the implementation of entrepreneurial fishing (industrial and coastal). The question under examination is to which type of contracts we can attribute obligations in the field of fisheries: civil law, business or natural resources. Norms of which branch of legislation should govern contractual relations in the field of fisheries? Contracts that generate entrepreneurial obligations in the field of fisheries, as well as provide the right to harvest (catch) aquatic biological resources, are at the same time the basis for the emergence of the right to conduct entrepreneurial activity and the basis for the transfer of a property right to natural resource. The article substantiates the conclusion that these contractual relations are entrepreneurial in the field of environmental management, have a public-law nature and are subject to complex regulation not only by the norms of natural resources law, but also entrepreneurial legislation, but not civil law. To this end, it is proposed to develop a new legal mechanism for regulating entrepreneurial obligations in the field of fisheries.

scholarly journals Constitutional Rights in the Sphere of Entrepreneurial Activity and Peculiarities of Holders of Such Constitutional Rights

2019 ◽  
pp. 66-72
Author(s):  
E. M. Yakimova
Keyword(s):  
Civil Rights ◽  
Entrepreneurial Activity ◽  
Constitutional Rights ◽  
Economic Activities ◽  
Economic Rights ◽  
Component Structure ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Definition Of ◽  
The Right

Constitutions of the majority of countries of the world contain a detailed catalogue of human and civil rights and freedoms that tends to expand. At the same time, the essence of economic rights is defined in the regulation of the rights of the “second” generation and is associated with the recognition of property rights and the right to carry out activities aimed at obtaining income. In the process of drafting modern constitutions, States only specify the rights in question. The constitutional right to the free use of one’s abilities and property for entrepreneurial and other economic activities not prohibited by law is considered in this article as a basic, but not the only right in the sphere of entrepreneurial activity. A special feature of the implementation of the right under consideration is its special range of holders of the right in question. It is concluded that the construction of Article 34 of the Constitution of the Russian Federation has a two-component structure (denotes two types of activity: entrepreneurial and other economic activities). Such a design determines the definition of the range of holders of the right under consideration: the range of holders of the right depends on whether the issue involves only entrepreneurial or any other economic activities.

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