Constitutional right of citizens to entrepreneurial activity: essence and significance

Abstract

Purpose. The purpose of the article is to characterize the constitutional right of citizens to entrepreneurship as economic freedom (functional-teleological characteristic), to reveal its essence and meaning. Methodology includes the general scientific dialectical method, as well as other methods of scientific knowledge: functional, system-structural, and logical-normative. Results: It was established that the right to entrepreneurial activity performs the function of institutionalization and characterizes the economic activity of an individual as a manifestation of his personal freedom in the field of economic activity, which is limited only by legislation in the interests of society, including with the aim of maintaining economic competition as a systemic factor in the functioning of a market economy. The expediency of enshrining in the Constitution of Ukraine a model of legal regulation of the economic system, which should define the basic requirements for economic management, the adoption of laws and the principles of responsibility for the adoption of inefficient decisions. Originality. As a result of the study, a functional and teleological characterization of the constitutional right of citizens to entrepreneurship, which constitutes economic freedom, a component of the mechanism of the market economy, based on such principles as personal choice, voluntary exchange, freedom of access to markets and competition, personal safety and private property, was carried out. that is, on the basis of moderate regulation of the economy by the state. Practical significance. The results of the research can be used in educational, law-making and law-enforcement activities during the development of state economic policy.