INTERNATIONAL LEGAL GUARANTEES OF THE STATE’S OBLIGATIONS TO ENSURE FREEDOM OF ENTERPRISE

Abstract

In the article it is determined that the system of international legal guarantees of the state’s obligations to ensure the freedom of entrepreneurial activity consists of such elements as the conclusion of international treaties by the state, the state’s membership in international organizations and the right of persons to apply to international courts. It has been established that in Ukraine, in fact, half of these international treaties have not an definite legal status, so government officials do not know how they should react to these acts: implement or ignore. It was established that the system of international treaties in Ukraine is undergoing active changes: some of them have been denounced; others – lost their validity due to the withdrawal of Ukraine from them; the third ones are «on pause» because they have no practical significance, so they are not used; the fourth - approved by the state and society, therefore concluded and ratified in accordance with the constitutionally defined procedure. The principle of freedom of entrepreneurship is regulated by EU legislation. This principle applies not only to persons who have the citizenship of one of the EU states, but also to citizens of other states, in particular, those who «have a permit to work in the territory of the member states». This principle actually ensures the equivalence of freedom of entrepreneurship for residents and non-residents of EU states. The principle of freedom of entrepreneurship is standardized by the legislation of Ukraine and the EU, however, neither international nor national legislation regulates a special mechanism for ensuring that the state fulfills its constitutional obligations in the field of ensuring freedom of entrepreneurial activity, which partially crush these obligations. Key words: international law, international agreements, freedom of entrepreneurial activity, guarantees of freedom of entrepreneurial activity.