On the importance of the constitutional regulation of the principle of freedom of business

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Introduction: the article is devoted to the study of the legal consolidation of the principle of freedom of entrepreneurial activity. The article analyzes the constitutional norms of various states in order to identify models of constitutional consolidation of the principle of freedom of entrepreneurial activity. A study of the provisions of the Constitution of the Russian Federation and sectoral legislation is carried out, which allows formulating conclusions about the meaning of the constitutional consolidation of the indicated principle. Materials and Methods: the methodological basis of the study was made up of general scientific methods of dialectical cognition of legal reality, systemic-structural, formallogical, allowing to logically comprehend the content of legislative provisions on freedom of entrepreneurial activity, as well as specific scientific methods: formal legal, comparative legal , comparative-historical, allowing to identify the features in the consolidation of the components of the principle of freedom of entrepreneurial activity. Results of the Study: the authors came to the conclusion that the principle of freedom of entrepreneurial activity is an integrated (supra-branch) principle of law. This principle is consolidated in the totality of the provisions of the Constitution of the Russian Federation. The content of the principle under consideration includes such principles of civil law as inviolability of property, freedom of contract, inadmissibility of arbitrary interference by anyone in private affairs, free movement of goods, services and financial resources. Findings and Conclusions: based on the universal (integrated) nature of the principle of freedom of entrepreneurial activity revealed by the Constitutional Court of the Rus- sian Federation, its consolidation within the framework of sectoral legislation seems impossible. In this regard, its reflection in a number of constitutional provisions is justified, which allows, on the one hand, to regulate the freedom of entrepreneurship within the framework of more universal constitutional principles - freedom of economic activity, the unity of economic space, etc., on the other hand, it allows apply this principle as the basis for a number of branches of Russian legislation.

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Constitutional principles, principles of civil law, freedom of economic activity, entrepreneurial activity

Короткий адрес: https://sciup.org/143174511

IDR: 143174511   |   DOI: 10.24412/2312-3184-2021-1-49-58

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