Constitutional and legal guarantees of protection of rights business entities

Abstract

The process of formation of Ukrainian economic law took place in difficult political and economic conditions, which had to be taken into account in the then geopolitical situation given the historical consequences of the collapse of the Union of Soviet Socialist Republics and the rupture of economic ties between its republics. The analysis of the state of the system of economic legislation shows that the actions of legislators almost always lagged behind the needs of the economy, and economic processes in Ukraine were regulated by insufficiently effective and untimely point intervention. A similar situation persists to this day, with only the differences that are due to the requirements of the world and the European community as a condition under which Ukrainian goods are accessed on international markets, and foreign loans are provided. Commercial litigation as an integral part of the domestic judicial system should be considered as the most effective institution for ensuring the rule of law in the field of economic activity and based, in particular, on general principles arising from the Constitution of Ukraine and developed in other laws and regulations. Such principles include a number of provisions that are universal to all judicial jurisdictions. A fair law allows you to do everything that does not prevent other market participants to exercise their subjective right to income, and also fully complies with the established constitutional order. Substantiating the theoretical component of the process of providing constitutional guarantors in protecting the rights of economic entities, the author concluded that scholars and practitioners need to decide on a uniform and professional understanding of the concept of "justice", because only by applying this concept in its classical sense logical category of volume can ensure the correct, objective, impartial attitude of human and economic relations, which meet the moral, ethical and legal norms.