INTERACTION OF PRIVATE LEGAL INSTRUMENTS AND PUBLIC LEGAL INSTRUMENTS OF PROVIDING FREEDOM OF A COMMERCIAL ACTIVITY |
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Author |
 Kharkivska K. V., PhD. Student, Kharkiv, Pushinska, 77 |
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In heading |
Law; | ||||
Signed print |
22.05.2015 | Issues number |
2015 - № 2 (21) | Page |
207-215 |
Type of articles |
Scientific article | Code UDK |
346.12 | ISSN print |
2411-5584 |
Abstract |
Problem setting. Proclaiming freedom of entrepreneurship, the law put some restrictions on a commercial activity. A commercial activity peculiarity consists in interaction of private and public interests, which results in regulation of entrepreneurship on the basis of public legal instruments and private legal instruments. Recent research and publications analysis. The domestic economists have paid attention to certain directions of providing an activity of business entities, using a respective set of legal instruments. O. M. Vinnyk, D. V. Zadykhailo, V. V. Laptev, V. K. Mamutov, V. M. Pashkov, O. P. Podtserkovnyi, V. A. Ustymenko, V. S. Shcherbyna have made a considerable contribution to the research. Nevertheless, the above-mentioned scientists do not pay significant attention to issues of a mechanism for providing freedom of a commercial activity. Paper objective. The article objective is to determine a system of legal instruments providing realization of public interests. Paper main body. In the commercial activity field public interests are aimed at providing freedom of entrepreneurship and preventing misuse of freedom to the detriment of a society. Achievement of this goal is impossible without application of the legal instrument system providing realization of public interests in the commercial activity field. For instance, there are some legal norms, which are used by a state to fix outcome data of providing a commercial activity based on freedom of entrepreneurship in order to react to a public need as well as to put restrictions on freedom of entrepreneurship for the purpose of protecting public interests. Conclusions of the research. In the field of entrepreneurship a state as a society representative is a bearer of public interests, which contain public needs. Legal norms, which are jointed in the form of legislation regulating commercial activity relationships, is of considerable importance in formation of the mechanisms of legal support of public interests in this field. |
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Keywords |
Business entities, public legal interests, private legal interests, legal instruments. | ||||
Reviewer |
Milash V. S., doctor of legal Sciences, associate Professor, Yaroslav Mudryi National Law University, Kharkiv, Ukraine. | ||||
External reviewer |
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Article in PDF |
2 207-215 | ||||
Bibliography |
none | ||||
Code DOI |
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This post is also available in: Ukrainian
26.03.2015
