До питання теоретико-правових основ захисту майнових прав суб'єктів господарювання

It is indicated that by enshrining in Article 42 of the Constitution of Ukraine the right to conduct entrepreneurial activity not prohibited by law [1], the Ukrainian state has assumed a significant obligation to ensure the protection of this right, as well as related rights and legitimate interests of business entities. It should also be emphasized that the object of legal protection is not only constitutional and subjective rights detailed in various legal branches, but also the legally protected interest (legitimate interest) of business entities as a separate subject of legal protection. The relevance of the study lies in the fact that today the protection of the rights and interests of business entities is undoubtedly one of the most important tasks of the state in the field of ensuring the development of entrepreneurial activity and the implementation of sustainable development of the economy of Ukraine. The protection of rights and interests is carried out using certain methods of protection, which are actions provided for by law and directly aimed at protecting rights. In science, the so-called «jurisdictional» and «non-jurisdictional» forms (methods) of protecting violated rights are distinguished. Jurisdictional forms of protection should include those that are based on the appeal of an authorized entity to a state or public body that is endowed with certain competence in relation to the authorized entity and the person who, in the opinion of the latter, violates his right. The protection of the rights and interests of business entities in Ukraine is regulated at the highest level, by enshrining in the Constitution of Ukraine the right to engage in business activities that are not prohibited by law. Therefore, the study of the ways in which business entities can protect their property rights (both independently and by contacting the relevant institutions) is of particular importance, because the declarative proclamation of the right acquires its substantive meaning only in the process of its implementation, which shows the ability of the state to regulate these social relations and protect the rights of individuals and legal entities - business entities.