The right to entrepreneurial activity and the right to work as the principles of the economic system and national economy of Ukraine

Abstract

The work elucidates the problematic issues of constitutional and legal regulation of the right to entrepreneurial activity, its place in the system of constitutional economic rights and freedoms of human and citizen. The interrelation between the right to entrepreneurial activity with the right of property and the right to work is considered. The necessity of introduction of the system approach for legal regulation of bases of economic system at the constitutional level, and also maintenance of legal understanding and law enforcement of the right to entrepreneurial activity according to constitutional requirements is offered. The article also analyzes the legislation governing the employment relationship of the employer – a natural person-entrepreneur – with employees. Gaps and shortcomings in the legislation on the concluding and terminating the employment contract have been identified. It is proposed to include in the provisions of the new Labor Code of Ukraine the possibility of concluding collective agreements in case if a natural person uses the labor of employees; to define the specific obligations of the employee and the employer in the employment contract; to provide for the expansion of the range of mutual rights and obligations of the parties, including the grounds for termination of the employment contract by agreement between the parties in the terms of the employment contract.