FREEDOM OF ENTEPRENEURIAL ACTION: CIVIL LAW REGLAMENTATION AND FOREIGN EXPERIENCE

The expansion of world integration, globalization processes and comprehensive economic cooperation have made the considerable development of the economy one of the priorities. Entrepreneurial activity is the basis of a modern economically developed society. That is why the freedom of entrepreneurship as a key principle and right is enshrined at the national and international legislative levels. Furthermore, it is repeatedly investigated by civilian scientists in their works. Today the countries, which are fell under the influence of a pandemic, impose numerous restrictions on the law which we will discuss. Thus, the topic of this article is very relevant nowadays as in the legislative literature is still no clear answers and reasonable argumentation concerning the problem of possibility to put restrictions on the right to practice free enterprise activity. In this article we will pay our attention to the norms of Ukrainian legislation, acts about opposition Covid-19, which regulate the freedom of entrepreneurship, and their relationship with the former. The purpose of the article is to form our conclusions about the freedom of entrepreneurship, its legislative consolidation and the possibility to establish restrictions under the valid (or current) legislation, as well as the foreign experience of regulating this issue; to overview international basic concepts and approaches regarding the understanding in law and civil doctrine. We installed that freedom of entrepreneurship as a legal principle concerns right and is directly related to its actual implementation in practice. The right to freedom of enterprise is guaranteed by national Constitution. This constitutional norm contains limitations in the wording itself. It isn't absolute and dispatches us to others legal documents. The governments of the (если ты говоришь про конкретные страны ставь the н) European countries nevertheless unlimited principle the freedom of entrepreneurship take the necessary measures to combat the pandemic and, in the event of inconsistency with the restrictions imposed, use the derogation right.