THE PLACE OF THE NORMS OF ADMINISTRATIVE LAW IN THE SYSTEM OF LEGAL PRINCIPLES FOR ENSURING THE IMPLEMENTATION OF CITIZENS' RIGHTS IN THE FIELD OF BUSINESS ACTIVITY IN UKRAINE

Abstract

In general, the legal basis for ensuring the realization of the rights of
citizens in the field of entrepreneurial activity should be characterized as a set of
normative legal acts of different legal force, which establish: 1) conditions,
regulatory procedure, range of entities admissible for the realization of these
rights, types of relevant activity, etc); 2) the procedure for implementing the
rights in question (state registration, obtaining the necessary permits depending
on the specific type of business, etc.); 3) specifics of supervision and control by
authorized entities in compliance with established conditions and requirements,
as well as prevention of violation of the rights of other entrepreneurs and
consumers, etc.; 4) grounds, procedure and consequences of termination of
business entities.
It is argued that the key place in the system of legal foundations for
ensuring the realization of citizens' rights in the field of entrepreneurial activity is
assigned to the norms of the administrative field of law. The above is due to the
fact that they are related to the sphere of public administration, and their purpose
is the realization and protection of these rights, they are mandatory and are
implemented mainly through imperative methods of influence. In addition, it is
the administrative and legal norms that ensure: freedom of entrepreneurial
activity, free choice of the type of activity; protection against unfair competition;
the absence of obstacles based on the obligation of state authorities, local self-
government bodies within their powers to promote the development of
entrepreneurship in the absence of facts that, in accordance with the legislation,
make it impossible for a specific person to implement the type of activity chosen
by him.