FACETS OF PROTECTION OF ECONOMIC RIGHTS AND FREEDOMS

Abstract

It is evident that one of the key areas of focus for the national economy is the constitutional consolidation, guarantee and protection of a wide range of economic rights and freedoms of the individual. The empirical experience of the realisation of constitutional economic rights and freedoms highlights trends and contradictions in this area, which requires a special study. A thorough examination of the implementation and judicial protection of constitutional economic rights and freedoms has enabled the identification of certain issues and the formulation of proposals for the enhancement of legislation in this domain of social relations. In Ukraine, despite a substantial corpus of scientific studies in the field of human rights, there is virtually no comprehensive scientific research on economic rights and freedoms of man and citizen. Nor is there a universally recognised list of these rights, nor a consensus on the sectoral nature of economic rights and freedoms. Thus, the relevance of the study of theoretical and practical issues of protection of fundamental economic rights and freedoms is due, firstly, to the globalisation of human rights doctrine in the modern world; secondly, to the need to create a holistic view of the forms of protection of fundamental economic rights and freedoms; thirdly, to the need to improve the current legislation and to the need to create effective mechanisms for the realisation and protection of economic rights and freedoms in Ukraine. The subject of the research is the constitutional provisions establishing economic human rights, the legal basis for their judicial protection; the regularities of the functioning of the judicial protection mechanism; scientific works that study theoretical and practical issues related to judicial protection of economic rights, as well as judicial practice. The methodological basis of the study is constituted by general theoretical and special methods of scientific cognition, principles and approaches to defining the concept of economic rights and freedoms of man and citizen, their essence, content and forms of protection. In particular, the method of dialectical logic was used to reveal the mechanism of their realisation of economic rights and freedoms. The sociological method was utilised to analyse internal and external factors, as well as social processes, which resulted in the recognition and consolidation of economic rights and freedoms of the individual. These rights and freedoms were considered to be an independent group of rights and freedoms. The current state of their implementation was also analysed. The formal logical method was employed to define the basic concepts of legal structures for the consolidation of economic rights and freedoms of the individual. The systemic and functional method was used to classify forms of protection of economic rights and freedoms of the individual and citizen, and to identify their features. The methodological basis also incorporates such general scientific methods as analysis and synthesis, generalization, modelling, and others. The application of these and other methods of scientific knowledge guaranteed the objectivity and reliability of the study of forms of protection of economic rights and freedoms, and the achievement of the goals and objectives set for the dissertation. The critical and analytical comprehension of issues pertaining to the protection of economic rights and freedoms enables the drawing of scientific and theoretical conclusions. This, in turn, highlights the positions of judicial practice and renders the discussion of problems in the protection of economic human rights more constructive and, as a consequence, more effective. Results. Economic rights, understood as a set of human and civil rights, are pivotal in realising the human potential in the sphere of economic relations. They enable individuals to claim material support from society, as represented by the State, and to utilise the fruits of human activity in various domains to create conditions conducive to a life that is worthy of the human being. The study posits that the realisation of the rule of law and the rule of law in the State is contingent not solely on the adoption of high-quality regulations and the assurance of their implementation. Rather, it asserts the necessity of an effective mechanism to protect the rights of individuals and legal entities. The protection of economic rights and freedoms is a matter of particular interest to scholars and law enforcement officials, due to its specifics at both the national and supranational levels.