The constitutional and legal value of the state’s obligations to ensure freedom of entrepreneurial activity

Abstract

The article analyzes the constitutional and legal significance and value of the state’s obligations to ensure freedom of entrepreneurial activity, and determines their vector orientation in the state’s economy.It was determined that the Constitution of Ukraine in Section I regulated the most important duties of the state, however, the specificity of their meaningful reading is often revealed through the prism of ensuring the corresponding rights and freedoms of a person and a citizen, because the person it is who is the highest social value. The constitutional recognition of a person as the highest social value means that the state cannot put on any other social institutions and phenomena above a person. It was established that the constitutional duty of the state corresponds to the right of citizens to demand from the state protection and guarantees of constitutional values and benefits, one of which is freedom of entrepreneurship.
 It was concluded that the normalization of the duties of the state in the text of the Constitution of Ukraine, the chapters of which form the basis of the constitutional system of our state (chapters I, III, XIII) acts as a guarantee of the impossibility of their cancellation by the state itself, instead, it forces it to organize its activities so that practical support these duties had the most favorable influence in the context of creating the proper conditions for the realization of human rights and freedoms.The social value of the state’s constitutional duties in the sphere of economic relations is also seen in the fact that their constitutional consolidation is designed to force the state to «work» in the national economic interests, to create proper working conditions and jobs, to promote free and fair competition in the economic sphere, material providing for members of society, systematically ensuring their full and unimpeded realization of their entrepreneurial skills, developing a competitive economy. It was determined that in order to ensure the freedom of entrepreneurial activity, the state should exert influence on economic relations, but such influence should be moderate, because economic relations are closely related to the «laws» of economic nature, which are not subject to the imperative will of the state.