Ensuring the freedom of entrepreneurial activity, not prohibited by law: to the question of the rights of military personnel and the state’s obligation

Abstract

The article provides a substantive analysis of national and foreign legislation regarding employment the entrepreneurial activity by military personnel. It was found that Ukraine categorically restricts the right of military personnel to engage in entrepreneurial activities, but the experience of foreign countries (USA, Germany, Poland, France) indicates the permissibility of a person combining the legal status of a military personnel and engaging in entrepreneurial activities, provided that the requirements of the law are met. It has been established that the national legislation, regulating the restrictions for servicemen regarding their business activities, prohibits servicemen from engaging in «other paid activities», but does not specify what kind of activity it is. There is a justified need to supplement the Law of Ukraine «On Social and Legal Protection of Servicemen and Members of Their Families» with Article 9-2 «Regarding the Employment of Servicemen in Other Paid Activities», in which it is necessary to specify that military officials of the Armed Forces of Ukraine and other military formations established in accordance with the laws can engage in: a) teaching, scientific and creative activities, medical practice, instructional and refereeing practice in sports under the conditions defined by legislation; b) other paid activity under the terms of the employment contract with the written permission of the commander, provided that such activity will not negatively affect the performance of official duties and will not exceed twenty hours a week.It was concluded that Ukraine, in order to provide adequate material support for military personnel, is obliged to grant the right to military personnel to engage in certain types of entrepreneurial activity, because modern technologies allow doing entrepreneurship even remotely, or to establish such financial support, which should be adequate not only during the period of the legal regime of military of the state, but also of peacetime. It is proposed to supplement the Law of Ukraine «On Social and Legal Protection of Servicemen and Members of Their Families» with Article 9-2 «Regarding Employment of Servicemen in Other Paid Activities», which defines a list of other types of activities that servicemen may engage in with the written permission of the commander, provided that such the activity will not negatively affect the performance of official duties.