Zadorozhnyi B. Constitutional obligations of the state to ensure freedom of entrepreneurial activity in Ukraine.

The dissertation is one of the first monographic studies of the state's constitutional obligations to ensure freedom of entrepreneurial activity in Ukraine, based on the results of which proposals were formulated to improve the mechanism for ensuring the state's constitutional obligations in this area of legal relations. Reasonable necessity for proper legal regulation of business activity, implementation of a policy of estimated taxation of business entities, provision of true free competition in this sphere of relations, prevention of monopolization in business spheres, establishment of transparent rules for privatization, eradication of even the slightest manifestations of corruption, which is an extremely important task for Ukraine at the path of the European and Euro-Atlantic course, the irreversibility of which is constitutionally regulated and demanded by the need to ensure the national security of Ukraine. In the dissertation, an analysis of the legal establishment of the state's obligations to ensure freedom of entrepreneurial activity in Ukraine was carried out, and the social value of the implementation of the specified constitutional obligations of the state for the sustainable economic development of a democratic society was analyzed. The legal nature of the duties of the state, which are permanently formed under the influence of customary, mental, power, social, security, military, administrative-management, religious, moral and other factors, and are gradually formalized into legal texts by means of legal language and are objectified in system of national and international legal acts. The need to improve the mechanism for ensuring freedom of entrepreneurial activity in Ukraine as a sphere of implementation of the state's constitutional obligations is argued. It is proved that the significance of the legal regulation of state duties in constitutional legislation is not carried out for the sake of formal influence on social relations, but for the purpose of obtaining an expected legal result, the meaningful manifestation of which is a certain legal order, which is achieved through the targeted action of legal norms on the same social relations , as a result of which a legal regime of legality is established in the state, to which subjects of law are subject who are carriers of a certain legal status, the integral components of which are their rights and obligations. Ways to improve national legislation in the sphere of ensuring freedom of entrepreneurial activity in Ukraine, which is not prohibited by law, are proposed. The main vector of such improvement should combine national achievements in the field of free enterprise development and the conditions for the integration of the national economic system into the European economic space. The necessity of supplementing and making changes to the national legislation system in order to eliminate irregularities, the presence of which does not contribute to ensuring the freedom of entrepreneurial activity in Ukraine, has been proven. It was found that the national legislation does not contain a mechanism for enforcement of decisions of national courts, in which the defendant is a foreign state. It was found that the system and functionality of state executive institutions, in particular, «advisory and other auxiliary bodies and services» operating under the head of state, as well as «consultative, advisory and other auxiliary bodies» created by the decision of the Cabinet of Ministers of Ukraine, are not transparent to society, which calls into question not only the expertise of the staff of such «auxiliary» services and bodies, the results and scope of financing their work, but also makes it impossible to determine their role in the mechanism of ensuring freedom of entrepreneurial activity. The necessity of supplementing the national legal system with a legislative act is justified, the subject of legal regulation of which should determine a complex of issues related to the status, order of organization and activity of self-regulatory organizations, as well as the normalization of relevant supervisory relations between such organizations and the state in order to strengthen the provision of freedom of entrepreneurial activity in Ukraine.