Protection of rights and lawful interests of business entities: material and procedural aspect

Abstract

In a market economy, Ukraine takes further expansion of the system of government to promote small and medium businesses. However, still unresolved problems related to the implementation of undertakings constitutional guarantees to protect their rights and legal interests. The main reasons for this situation is the election of different approaches to understanding the fundamental categories of the process of ensuring constitutional order economic activities. Among these reasons are insufficient protection of rights and legal interests of business entities.

Analysis of recent researches and publications. Research problems associated with the study of the concept of «protection of rights», «human security» pay attention to such famous scientists as O. Belyanevych, M. Amelchenko, V. Nord, O. Lavrin, Z. Romovska, S. Kuzmin, M. Maleyin, A. and many others.

The study of the legal nature of the category of «interest» dedicated their scientific achievements domestic and foreign scholars, including R. Iyerynh, G. Shershenevich, R. Ghukasian, I. Tarasov, A. Ekimov, Eugene Ehrlich, O. Malko V. Subochev, M. Gurvich, P. Rabinovich, S. Luchyna, I. Prochankina, I. Smirnov, K. Torhan and others.

Target of research is the further research legal basis for the categories «protection of rights», «human security» and «interest protected by law» entities in view of the organic combination of substantive and procedural components, additional study of their role and importance in the realization of their right to engage in business activities, is not prohibited by law.

Article’s main body. Additional legal nature worked for «the protection of rights and legal interests of business entities.» Based on known scientific theories about the nature of rights and legitimate interests, attempt to prove the concept on material and procedural nature of the institution protecting the rights and legal interests of business entities.

Conclusions and prospects for the development. Legal protection (protection of rights) is a complex material and procedural categories. This conclusion follows logically from the scientific analysis of operations categories «protection of rights», «rights protection» and «interest protected by law.»

The study shows that the category of «protection of» organically combines with one hand - the task of isolation from the general system of economic regulatory enforcement violations of the rules of conduct of undertakings in the economic activities, on the other hand - sets legally regulated procedure restoration of their violated rights, unrecognized, disputed rights or legally protected interest.