экономические права

Constitutional and legal regulation of the limits of implementation, degree of permissible restrictions on the basic economic rights of the individual

Introduction. Many scientific works are devoted to theoretical and practical aspects of the restriction of human rights and freedoms. However, issues of the admissibility and proportionality of restrictions on the economic rights of a person and a citizen are the subject of scientific controversy, which predetermines the expediency of addressing the topic of this study. Theoretical analysis. The author made an attempt to theoretically comprehend the concept of “restriction of the right”, presenting a scheme for dividing human and civil rights and freedoms, regulated by the Constitution of the Russian Federation, into groups according to the degree of permissible restrictions, based on an analysis of the works of domestic and foreign authors. Empirical analysis. The author highlights that “obligations” and “prohibitions” remain the main methods of legal influence in regulating implementation of economic rights, often with the imposition of liability disproportionate to the committed act, which is also confirmed by the conclusions of the Commissioner for Human Rights in the Russian Federation and the Presidential Commissioner of the Russian Federation for the Protection of Entrepreneurs' Rights, the practice of the Constitutional Court of the Russian Federation. Results. It is proposed to consider restrictions on constitutional economic rights and freedoms as a change in the scope of their powers by interfering with the basic economic right by establishing obligations, prohibitions, and liability within the framework of: general limits for the exercise of rights and freedoms (reservations immanent in the constitution); reservations immanent in specific fundamental rights, simple reservations qualified in the relevant articles of the Constitution; immanent limits of restrictions on specific economic rights of the individual by the state. There is a growing need for a clearer regulation of the processes of institutionalization of assessment of the regulatory impact of regulations in the field of implementation of economic rights, constitutionalization of these relations.

The Political and Legal Basis of interaction of Business Ombudsman with Authorities and Other Organizations on Protection of Rights and Legal Interests of Subjects of Entrepreneurial Activity (based on performances at the III International Conference «Mo

Introduction. At the present stage of development of the institution of human rights and individual categories of citizens in the Russian Federation is particularly important legal analysis of the Commissioner’s powers to protect the rights of entrepreneurs on the federal and regional level in the Russian Federation. At the present stage, this institution is developing intensively. Implementation of office business ombudsman directly related to the problems of its interaction with various public authorities to protect the rights of business entities. Methods. Methodological basis of research supports internally interconnected complex methods of cognition: systematic and structural, functional, logical, historical. Basic general legal methods are the comparative legal and legalistic, allowing the author to explore the legal basis for the organization and activities of the institution of the protection of entrepreneurs’ rights in Russia at the federal level and the level of subjects of the Russian Federation (on the example of the Saratov region). Results. It is stated that in the activity authorized are not independent, as evidenced by the order of their appointment and the early dismissal, the formation and operation of the machine, as well as reporting and monitoring of their activities on the part of officials in which they are created. The author comes to the conclusion that 1) improve the legal regulation and practice of implementing powers business ombudsman at the federal and regional levels, 2) bringing the legislation of the Russian Federation in accordance with the common federal requirements.