Individual Entrepreneurs Research Articles

The impact of fiscal support on individual entrepreneurship in rural areas

Fiscal support for agriculture is a crucial government strategy to stimulate rural economic development and invigorate the market economy. This paper, using data from the China Social Comprehensive Survey, empirically examines the impact of fiscal agricultural support on individual entrepreneurship in rural areas. The findings indicate that such support significantly enhances personal entrepreneurship and market vitality in rural regions. Heterogeneity analysis reveals that the positive effect of fiscal support on rural entrepreneurship is more pronounced in areas with lower marketization and stronger government intervention.

Determining the amounts of membership interests in the charter capital of a limited liability company as an appropriate way to protect the rights of the member through legal proceedings

In the modern context of corporate law, the study of the effectiveness of the protection of corporate rights of participants in limited liability companies (hereinafter – LLC) is an extremely relevant topic for research. Limited liability companies are the most common organisational and legal form among legal entities for conducting business activities in Ukraine, especially at the levels of small and medium- sized businesses. In this regard, the legislative regulation should be based on accessible and reliable mechanisms for protecting the rights and interests of participants, and quick and fair resolution of internal conflicts that may threaten the viability of the business. The processes of state registration of information about limited liability companies are defining components of the transparency of business activities of this type of legal entity. The article focuses on the importance of the unity of law enforcement practice and legal positions of commercial courts in consideration of corporate disputes, which is an important factor for the protection of property rights, stimulation of investments, and ensuring the stability of the corporate sector of the economy. The legal positions of the Supreme Court regarding the exhaustive list of ways to protect the rights of an LLC member have been explored. It is noted that to protect the rights of members of limited liability companies in cases where their corporate rights have been violated, it is important to consider the provisions of part 5 of article 17 of the Law of Ukraine “On State Registration of Legal Entities, Individual Entrepreneurs and Public Organisations”. An analysis of judicial decisions reveals controversial issues regarding the application of the provisions of this Law. Within this article, an assessment of the effectiveness of current mechanisms for protecting corporate rights is provided, opportunities for their improvement are identified, and recommendations for improving legislative regulation and judicial practice are developed. Special attention is paid to the analysis of ways to protect the rights and interests of participants in the context of state registration of changes to the charter capital and the amounts of membership interests, as well as the assessment of the proportionality and adequacy of the applied measures.

The use of special knowledge during the investigation of forgery of documents that are submitted for state registration of a legal entity and individual entrepreneurs

The use of special knowledge during the investigation of forgery of documents that are submitted for state registration of a legal entity and individual entrepreneurs

Business creation during COVID-19

Abstract Using UK data, we present greater empirical detail on the puzzling firm dynamics that emerged during coronavirus disease 2019 (COVID-19). We show that firm entry increased during the pandemic across several countries, and this contrasts with typical recessions where firm entry declines. Additionally, the rise in firm entry is driven by individual entrepreneurs creating companies for the first time, particularly in online retail. We find evidence that firm creation responded significantly to declines in retail footfall and that firms created during the pandemic are more likely to exit and less likely to post jobs. Overall, this implies that despite surging firm creation during the pandemic, the overall employment effect is limited. Finally, we find that the primary contributor to limited employment creation is the shift in ownership composition of new entrants during COVID.

LEADER and rural development policy - What's the problem represented to be?

This article problematizes the EU Programme LEADER as a policy to improve opportunities to live and thrive in rural areas. LEADER was initiated in 1991 as a Commission initiative and has, over time, expanded and become an institutionalized public policy in the EU. LEADER is based on a particular development method - the LEADER method - which sets out fundamental principles for conducting development work. The idea is that rural development should start with Local Action Groups at the grassroots level, emphasizing networking and entrepreneurship within a geographic context. Drawing on Bacchi's methodology, What's the problem represented to be, the article aims to examine the LEADER Programme and analyze problem representations and political rationalities. The analysis shows that actors working within LEADER have developed political rationalities that partly constitute obstacles to achieving long-term impacts. It concerns issues related to the bureaucratic framework of LEADER and representations on a fixation on producing added values, an internal logic of project administration, and an emphasis highlighting the role of the individual entrepreneur. The LEADER Programme has not only been institutionalized as part of the EU and member states' administrative systems. Still, it has also created its ideological superstructure consisting of a specific narrative, methodology, language, and common forms of organizing. This gives LEADER advantages but also risks associated with internal closedness that creates subjectification between ‘them and us' and produces lived effects that hinder structural changes promoting rural areas.

ENTREPRENEURSHIP AND DIGITALISATION IN EU: TWINNING INSIGHTS THROUGH A PANEL THRESHOLD REGRESSION

The study methodologically employs, in a novel perspective, the panel threshold analysis, considering the time frame 2006–2020, to capture the relationship between new business density rate, as a proxy for entrepreneurship, and individuals’ digital inclusion, as a proxy for digitalisation in EU countries. Based on the human capital theory, the results indicated a strong single threshold effect between individuals’ digital inclusion and new business creation, confirming that entrepreneurship is influenced by the skills, knowledge, and experience of the entrepreneurs, including their education, training, and work history. For EU countries, individuals’ digital inclusion boosts business creation only after reaching a certain level. When separating the EU countries from the perspective of their Innovation Index performance, the threshold effect was statistically evidenced in all categories but with different values. The strongest positive influence from digitalisation towards entrepreneurship was visible in emerging countries, while the lowest was for countries classified as moderate innovators. The research provides an original framework for understanding the complex factors that drive entrepreneurship and can help researchers and practitioners develop strategies for promoting entrepreneurial activity. Digitalisation’s opportunities are significant, and entrepreneurial individuals and organisations able to adapt and innovate are more likely to be successful.

СУЧАСНИЙ СТАН ВИКОРИСТАННЯ ЕЛЕКТРОННОГО ЦИФРОВОГО ПІДПИСУ

During the first months of Russia's full-scale invasion of Ukraine, the incomes of many enterprises plummeted practically to zero. However, businesses endured, and over the following 15 months, Ukraine saw the emergence of 41,000 new companies and 318,000 individual entrepreneurs. For individuals and legal entities, the use of electronic document workflow in war conditions has become the most convenient and modern format of communication with regulatory authorities. Since January 1, 2022, using fiscal cash registers (FCR) and programmed fiscal cash registers (PFCR) has become mandatory, leading to a sharp increase in the number of issued electronic signature certificates. Despite the state of war in Ukraine, further growth in their number can be anticipated, thus contributing to the further development of electronic document workflow.

Work in IT for women: The realities of Ukraine


 
 
 The article presents a study conducted on gender equality in Ukraine in the field of information technology. The problem of gender inequality still exists throughout the world. The purpose of the article is to study the working conditions of women in IT, to discuss the possible use of stereotypes, and to identify the reasons for women’s lack of interest in working in this field. Formally, there is no prohibition for women to work in the IT industry. However, there are a number of reasons in Ukraine that affect the possibilities of pursuing a career in this direction. The article analyzes the available statistical data and the results of a survey among representatives of the IT sector. It is worth noting the problem of data collection during the war in Ukraine. The importance of the sphere for the country’s economy as a whole and the relevance, demand for specialists, as well as the ratio of women and men employed in this area are considered. Global trends in gender distribution in the field of IT were analyzed. The main stereotypes and situations that constitute obstacles for women in this area are considered and the features inherent in Ukrainian society are also highlighted. Based on the statistical data of Ukraine the number and structure of female students, including foreigners, in recent years were analyzed. It was revealed that the structure of the gender ratio of men and women in education is changing with the formation of the labor market of Ukraine and the distribution by employment status. The ratio of working women and men is approximately the same, but the structure by employment status is different. In Ukraine the IT sector is largely based on individual entrepreneurs. Despite the martial law, the IT community is actively developing and new companies are being created. Training is actively carried out in paid and free courses. Surveys were conducted among students, and it was found that the beginning of a career in the field of information technology is already determined by certain stereotypes of society. Based on the conducted research, the structural gender relations in the field of IT and the main stereotypes that hinder the development of women in this area are analyzed. Recommendations for overcoming gender inequality in the field of IT in Ukraine are presented. Based on the information received, conclusions were drawn: the number of women and men studying technical and mathematical sciences in Ukraine is approximately the same. But in the future, in professional activities, women in many cases prefer to occupy weaker positions, leaving leading positions to men. The main reason for this dynamic is the generally accepted stereotypes and the actualization of the role of women in other areas.
 
 

The impact of changes in the demographic structure of the national labour market on macroeconomic indicators of Ukraine

The full-scale invasion of Ukraine by Russian troops on 24 February 2022 led to significant changes in the Ukrainian labour market, which require a detailed analysis and understanding of their further dynamics. The purpose of this paper is to find out how the changes in the demographic structure of the national labour market have affected Ukraine’s macroeconomic indicators. Using such methods as statistical analysis, comparison, synthesis and forecasting, the study of current demographic and economic indicators was conducted. The study obtained and analysed statistics on the forced displacement of refugees both within Ukraine and abroad, taking into account age, gender, education and other demographic indicators – at least 12 million Ukrainian citizens were relocated, 75% of whom are able-bodied and more than half of whom have high professional qualifications. Separately, information on young people and students who continue or start studying abroad was studied and conclusions were drawn on their assimilation in the new society and the likelihood of their return to Ukraine. In the process of analysing the conditions for the growth of unemployment, the number of enterprises that ceased operations due to hostilities or temporary occupation was calculated – both geographically, by region, and by type of ownership. It turned out that in eastern Ukraine, the number of closed business entities reaches 80%, and almost a third of individual entrepreneurs have ceased their activities. The study also forecasts the conditions for post-war reconstruction of Ukraine, taking into account the fate of returning refugees and the country’s prospects for joining the European Union. The practical significance of this study is to assess the impact of changes in the structure of the labour market on the Ukrainian economy. The results may be useful for government agencies that are already formulating a strategy for Ukraine’s post-war recovery

АКТУАЛЬНЫЕ ПРОБЛЕМЫ МУНИЦИПАЛЬНОГО ЗЕМЕЛЬНОГО КОНТРОЛЯ НА ТЕРРИТОРИИ РЕСПУБЛИКИ КОМИ

The article presents an overview of the land control conducted on the territory of the Ukhta municipal district, which is part of the Komi Republic. Municipal land control is a framework that ensures the use of land and land plots, as interpreted by Russian legislation. The bodies whose powers include control over the use of land and land plots within the boundaries of a municipality are the regulatory instrument for the activities of individuals, legal entities and individual entrepreneurs. In accordance with the current legislation, risk management during municipal land control and the assessment system on the territory of the Ukhta municipal district is not applied. When implementing municipal land control, records are kept of land control objects owned by the Ukhta municipal District, state ownership of which is not delimited. According to the Regulation, the types of preventive measures are established on the territory of the Ukhta municipal district: generalization of law enforcement practice, informing, consulting, preventive visit, announcement, warning. The results of law enforcement practice are displayed in the annual report, which is subject to approval by the head of the Ukhta municipal district and is posted on the official portal of the administration. Based on the analysis, the main problems in municipal land control in the territory of the Komi Republic have been identified: insufficient technical support, lack of authorized bodies and officials to carry out land control measures, low level of regulation in municipal legal acts, limited capabilities of the inspector. To solve the considered problems, a number of recommendations are proposed: proper technical support, amendments to the legislative framework on the issue of expanding the powers of the municipal inspector, professional development of inspectors, differentiation of responsibilities of municipal and state land control.

Transformation Of Economic System In Poland. The SMEs And EU Integration.

Brand-new economic system has been introduced in Poland two decades ago. The economic transformation from central planning to market system had no precedent and the theory of economics had not offered any complex model of such a makeover. So, we have been all learning by doing. And now, as we want to understand the process we aim at identifying both major agents and processes that were responsible for the results achieved. Without any doubt there has been at least one important agent of the transformation that could be easily recognized, namely: individual entrepreneurship. After 1989 we have been observing numerous small enterprises being established in Poland. The SMEs sector (small and medium enterprises) after half a century of centrally planned economy has been catching up with its developments. Nowadays - as in any other market economy - SMEs are important element of economic system in Poland, too. They account for 99.8 per cent of total number of enterprises, approx. half of both capital investment and value added and roughly 1/3 of exports. The following paper aims at identify the role of the SME sector in the process of reconstruction of market system in Poland after 1989. It concentrates on one special aspect of economic transformation, namely the integration with European Union on SME development potential. To set our reasoning in order we pose the subsequent questions: What is the role of SMEs sector in Polish economy? What changes of business environment has EU integration brought? What were the costs and benefits of the integration for Polish SME sector?

A Study on the Antecedents of Individual Entrepreneurship Orientation of Female Students: An Examination Using Structural Equation Modeling

This study examines the relationship between antecedents of Individual Entrepreneurial Orientation (IEO) in female students. The study uses locus of control, Machiavellianism, resilience, and mindfulness as independent variables. Data for the study was collected using standardized self-rating questionnaires on 854 female students as a unit of analysis. Exploratory and Confirmatory Factor Analysis (EFA and CFA) have been used to examine the reliability and validity of the measurement. Consequently, Structural Equation Modeling (SEM) was conducted using Python after validating the measurement model. The final model describes the relationship of Individual Entrepreneurial Orientation with the internal dimension of locus of control together with Machiavellianism, resilience, and mindfulness. All mentioned constructs had a significant positive influence on the dependent variable. Simultaneously, mindfulness was found to have a positive effect on resilience and internal locus of control on Machiavellianism. This study has expanded the dynamic research boundary and resonates with the recent developments in IEO conceptualizations. Moreover, this work is one of the few studies conducted exclusively among female students.

Tax incentives in agricultural sector: indicators and performance results

The goal is to show the current state and prospects for tax incentives in agricultural sector. Methods – economic-statistical, factor analysis, comparison and synthesis, logical justification. Results – it is substantiated that direct methods of supporting certain sectors of agroindustrial complex can be effectively replaced by indirect methods due to differences in the rate of unified land tax for peasant (farm) enterprises, and for other forms of business there are differences in the corporate income tax base. In particular, direct support is compensated by tax mechanisms in agricultural formations producing crop products (the average level of profitability for 202-2022 was 49,6%), with the exception of rice cultivation, as well as in individual entrepreneurship and peasant (private) farms specializing in production of livestock products (profitability – 35,6%). An assessment of possible budget revenues is given, in conditions of full control and application of liability measures for improper or inappropriate use of agricultural land. Conclusions – calculation of the potential funding volumes that can be used to improve the land use is provided. The irrational use of agricultural land is associated with their ineffective exploitation: imperfect methods of cultivation or fertilization, improper planning of crop rotations. Regional characteristics, which cause different problems and needs that require adaptation of coordination measures and regulation should be taken into account. It is necessary to continue the work to cover the entire territory of Kazakhstan with agricultural maps to provide complete and accurate information on the condition and use of land resources, which will prevent possible violations for which fines and increased tax rates may be levied.

Management and Marketing of the Wartime Agribusiness in Ukraine

Introduction. Full-scale military actions led to the need for radical changes in the management of agricultural enterprises. Effective management of Ukrainian agribusiness under conditions of military aggression can contribute to the stability of revenues to the country's budget and strengthen national security, particularly in providing the population with food and jobs in depressed rural regions. The state of war in Ukraine determines the peculiarities of the activities of agricultural enterprises and, accordingly, forms the peculiarities of agricultural management, which requires scientific research.
 Aim and tasks. The study aims to develop directions and tools for managing agricultural enterprises in the conditions of war in Ukraine. The task of the study was to develop a mathematical model of operational change in the goal of an agro-enterprise, establish conditions for changing agribusiness goals, determine wartime requirements for agribusiness management, and assess the impact of the war on the components of the resource potential of agricultural enterprises.
 Results. A mathematical model of the operative change in the purpose of an agro-enterprise under the conditions of acquisition of integral risks, including the risk of military operations, of a degree greater than 50%, has been developed. The study of the components of the resource potential established the following: the growth of the dynamism of the land market, the acceleration of the redistribution of land ownership - the alienated area of land in 2023 compared to 2022 has almost doubled; the share of individual entrepreneurs in the total number increased by 19.8% in 2022; a decrease in the level of provision of labour resources, which has long-term and short-term dimensions related to military operations, reducing the volume of imports of agricultural machinery by approximately 30–35%. The implementation of effective management requires a comprehensive approach to the formation of systemic prerequisites for agricultural activity and the improvement of the structure of agricultural production, taking into account the impact of the war in Ukraine.
 Conclusions. The developed mathematical model makes it possible to change the goals of agricultural enterprises in an operational manner and form an appropriate level of competitiveness to ensure the viability of agricultural enterprises. The proposed directions and management tools of agricultural enterprises will ensure an increase in the efficiency of agribusiness management during wartime conditions. Evaluation of the impact of the war on the components of the resource potential of agricultural enterprises will increase the efficiency of resource use.

On the Issue of Bringing a Controlling Person to Subsidiary Liability for the Obligations of an Inactive Limited Liability Company That Has Ceased Its Activities

The article discusses the issues of bringing to subsidiary liability provided for in clause 3.1 Article 3 of the Federal Law “On Limited Liability Companies”, designed from the end of 2018 to provide additional guarantees for the protection of the rights and legitimate interests of creditors in the event of exclusion of the company from the unified state register of legal entities as an inactive legal entity on the basis of an administrative act of the registering authority, bypassing liquidation procedures, in accordance with Article 21.1 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”. In the work, the authors made an attempt to determine the nature and place of this responsibility in the civil law system, as well as to offer recommendations for unifying the practice of its application. As a result of a comparative legal analysis, the authors of the work came to the conclusion that subsidiary liability is a measure of civil liability for a tort, and the norm enshrined in clause 3.1 Article 3 of the Federal Law “On Limited Liability Companies” is an exception to the general rule on the termination of an obligation by liquidation of a legal entity (Article 419 of the Civil Code of the Russian Federation). Due to the similarity of this liability with subsidiary liability in case of insolvency (bankruptcy), the authors propose to apply by analogy the provisions of the provisions of Chapter III.2 of the Federal Law “On Insolvency (Bankruptcy)” and the clarifications of the Supreme Court of the Russian Federation, enshrined in the Resolution of the Plenum of December 21, 2017 No. 53 “On some issues related to holding persons controlling the debtor liable in bankruptcy”.

Impact and Mechanism of Digital Inclusive Finance on the Urban–Rural Income Gap of China from a Spatial Econometric Perspective

With the rapid development of digital inclusive finance, whether it can lower the income inequality between urban and rural areas has been the focus of policy makers and researchers. Based on China’s 2011–2018 provincial panel data, this paper employs spatial econometric models and mediating-effect models to examine the impact of digital inclusive finance on the urban–rural income gap and its mechanism. The main findings are as follows: First, globally, the urban–rural income gap and digital inclusive finance each exhibit significant positive spatial correlation; locally, the income gap primarily exhibits spatial dependence in Central and Western China. Meanwhile, digital inclusive finance transitions from varied agglomeration patterns to exclusively H-H patterns in Eastern China. Second, digital inclusive finance notably reduces the urban–rural income gap, primarily attributed to its expanded breadth of coverage and digitization. Third, mechanism analysis indicates that digital inclusive finance can narrow the urban–rural income gap by increasing labor employment, resulting in higher farmer incomes, rather than through individual entrepreneurship and human capital investment. The findings of this study are crucial for improving digital inclusive financial development and adjusting urban–rural income distribution.

Can women empowerment contribute to sustainable growth – examining the enablers for social enterprise performance of women social entrepreneurs in India

Purpose The purpose of this study is to examine the factors that drive superior social enterprise performance for women-led social enterprises. The authors examined the role of individual entrepreneur cognitive characteristics contributing to social enterprise performance and recommended a framework for women's social entrepreneur development. Design/methodology/approach The authors conducted an exploratory qualitative study of 22 women founders of social enterprises using a semi-structured questionnaire. In-depth interviews were conducted, and the transcripts were analyzed using thematic content analysis. Findings This study found a significant impact of self-efficacy on the performance of social enterprises among the studied subjects. Social support in the form of material, information and emotional support enhanced the ability of women social entrepreneurs to better achieve business sustenance and continuance of operations. The business skills of the women social entrepreneurs led them to move from just social impact generators to becoming thought leaders. The strong prosocial motivation of the founders contributed to building their resilience in the face of adversity. Research limitations/implications This study extended the existing theories on social entrepreneurship by bringing the dimensions of entrepreneurial resilience in driving social enterprise performance along with business skills. Thus, it provided an enhanced explanation to the existing body of knowledge on contributors to superior social enterprise performance. Practical implications This study gathered insights into the role of entrepreneurship education focused on business skills, especially for women social entrepreneurs in achieving superior performance for their social ventures. This also reconfirmed the role of social support and how structurally this could be provided by educational systems to aspiring women social entrepreneurs. Social implications The practice of social entrepreneurship by women social entrepreneurs has been growing. Its importance in developing economies because of its ability to make grassroots changes at the lower levels of society was substantive. Women have shown more inclination toward social business with an affinity for prosocial contribution. By focusing on nurturing these social enterprises, governments as well as global agencies like the United Nations and the World Economic Forum could accelerate social change. Furthermore, support for the current women social entrepreneurs as change-makers making a difference in society could be achieved. Originality/value To the best of the authors’ knowledge, this research study was one of the first studies on women social entrepreneurs focusing on the factors of self-efficacy, social support and entrepreneurial resilience contributing to social enterprise performance. This study combined the social entrepreneurship intention theory with entrepreneurial resilience and business skills to understand the factors leading to successful social enterprise performance for women social entrepreneurs.

Legal grounds for notarisation of a vehicle hire (lease) agreement involving individual entrepreneurs

The article is devoted to the problematic issues of requirement of notarisation of a vehicle hire (lease) agreement involving individual entrepreneurs. The author emphasises the importance of compliance with the form of the contract.
 Article 799 of the Civil Code of Ukraine generally regulates the form of a vehicle hire (lease) agreement. This article provides for two necessary conditions that must be met when entering into a vehicle hire (lease) agreement involving an individual. Failure to comply with the prescribed form entails the nullity of the agreement.
 At the current stage, the current legislation does not regulate the issue of the requirement of notarising a vehicle hire (lease) agreement involving individual entrepreneurs. Given the lack of regulation of this issue at the legislative level, there is a variety of court practice.
 The unclear judicial interpretation, including at the level of the Supreme Court, and certain gaps in the legislation prompted the Grand Chamber of the Supreme Court to issue its legal opinion on the conditions and circumstances that must be met by individual entrepreneurs when entering into a vehicle hire (lease) agreement only in writing without notarisation. It is necessary to be guided not only by the nature of legal relations. It is also important to consider the content of the legal relationship itself, as well as whether it is an economic relationship
 The article examines the case law of the Supreme Court of Ukraine, the Higher Commercial Court of Ukraine, the Civil Cassation Court, the Commercial Cassation Court, and the Grand Chamber of the Supreme Court. It is noted that the Grand Chamber's legal opinion on the interpretation of Article 799(2) of the Civil Code of Ukraine is significant in terms of legal application, but it does not address a certain gap in the current legislation.
 The author proposes to supplement Article 799 of the Civil Code of Ukraine with part 3 of the following content: «A vehicle hire agreement involving an individual entrepreneur, the parties to which are business entities, concluded for the purpose of using the vehicle by the lessee in his/ her business activity, is not subject to mandatory notarisation.»

Definition "farmer" in EU legislation and its implementation into the legislation of Ukraine

The article is devoted to the issue of unification in Ukrainian legislation the definitions that are used in the European legislative acts concerning the Common Agricultural policy (hereinafter - CAP), particularly, the definition of "farmer" as a beneficiary of direct payments.
 There are numerous definitions of subjects providing agricultural activity according to the current Ukrainian legislation: agricultural producer, manufacturer of agricultural products, household, agricultural enterprise, subject of agro-industrial complex, agricultural cooperative, individual farm, farming enterprise, family farming enterprise, farming enterprise as an individual entrepreneur. Instead of this the European agricultural law operates with the term "farmer".
 In order to provide the correct and barrier-free applying of CAP provisions that would regulate the agricultural activity of Ukrainian persons, legal and natural ones, after Ukraine becomes the member of the European Union, it is necessary now to conduct a research of the concept of term "farmer" according to EU legislation and the related definitions such as "agricultural activity", "agricultural products", "active farmer", "young farmer", "new farmer". The obtained results could be taking into account in the legislative amendment process that is taking place in Ukraine due to the granted status as a candidate to the EU. Abovementioned is the aim of these thesis.
 In order to gain correct understanding of the term "farmer” in the EU countries the structure of the European agricultural sector is analyzed by the author. Summarizing the conducted research it is stated that due to the European approach enshrined in the CAP the term "farmer” is a general definition to all the persons that provide agricultural activity irrespectively to their size, organizational structure, type of management etc. In order to harmonize the national Ukrainian legislation to the European one there are several propositions how to amend the legislation.

The concept and grounds of medical professional liability

The relevance of the study is due to many social and legal factors. In modern conditions of the development and functioning of various systems for the protection of medical professionals and their patients, the concepts and grounds of medical professional liability are undergoing significant changes. The research of the conditions for the implementation of professional activities by medical professionals and their professional liability is determined by both scientific and practical considerations, since society needs orderliness and predictability of relations in areas of life directly related to the life and health of the patient on the one hand, and the business reputation of the medical professional on the other hand. With the emergence and expansion of professional activities types as integral attributes of social, economic and legal relations, a number of questions have arisen regarding a) improving the legal regulation of the professional activities of medical professionals; b) determining the goals of the medical professional liability; c) determining the medical professional liability grounds.
 The source base for the research is the valid legislation of Ukraine, laws and by-laws, research and comparison of which requires a systematic approach and various research methods, such as: dialectical, logical-legal, system-structural, forecasting and comparative law methods, as well as materials judicial practice.
 The article, first of all, concludes that the medical professional liability is applied to an individual entrepreneur (private practitioner) or a legal entity (health care institution) that provides medical services to the population, in accordance with a business license activities in medical practice, in case of causing harm to patients due to non-performance or improper performance of their professional duties, measures of government coercion in the form of sanctions (additional encumbrances) aimed at restoring the violated rights and interests of the patient. Secondly, it has been set that the medical professional liability shall arise only under the following grounds: wrongfulness of the medical professional, damage caused to the patient, causation and regardless of the medical professional guilt.