Theoretical and legal significance of the principles of national judiciary as a basis for protecting the rights of business entities

Abstract

Given the recognized insufficient quality of law-making that takes place in Ukraine, the task is to develop as soon as possible effective methods of legislative technique, which, being reduced to a unified state standard, taking into account modern world and European experience, would actually serve as a kind of template. would clearly distinguish between regulated legal relations, and determine the conceptual apparatus that would meet the objectives of such regulation. The author's theoretical and legal study of certain fundamental categories, such as "principle", "principle", "basics", etc. has shown that unwarranted manipulation by both theorists and practitioners of these concepts leads to incomplete study of evidence to substantiate the guilt or innocence economic sphere. If they are used incorrectly, circumstances may arise that will cause damage to the business entity due to the enforcement of a court decision that has entered into force. This situation really threatens the establishment of the rule of law and constitutional principles in the conduct of business. Moreover, such actions reduce the activity of citizens in the direction of exercising the constitutional right to engage in entrepreneurial activity. Ensuring proper law and order in the economic sphere, the legislator must strictly adhere to the techniques of legislative technique on the introduction of new laws or amendments to existing regulations. In view of the above, there is a problem of a professional approach to the theoretical justification of the categories studied in this article, reducing them to a clear structured system. The main task, according to the author, is to give a universal character to those principles which, given the multiplicity of combined instruments of legitimate coercion against the violator of economic law, will simultaneously act as guarantees for the protection and safeguarding of the rights of honest entrepreneurs.