Principle of freedom of doing business (entrepreneurship) and its implementation into the system of innovative law of Ukraine

Abstract

Problem setting. Despite the ramifications of national legislation on entrepreneurship and real activity on a significant scale of small and medium-sized businesses, as well as a significant amount of research in this area, there are problems that reduce the effectiveness of business results and encourage improvement as a regulatory framework. and mechanisms of the national model of entrepreneurship. The ways to implement the principle of freedom of entrepreneurial activity in the system of innovation law remain unclear.

The purpose of the article is to identify problems that reduce the efficiency of entrepreneurial activity and search for options to improve the existing regulatory framework in the field of innovation, as well as ways to implement in the national model of economic experience of advanced countries.

Analysis of recent researches and publications. A comparative analysis of the results of research by scientists from Georgia (T. Anasashvili, D. Bridze, B. Bolkhvadze, I. Margalitadze), Belarus (E. Voronko, V. Panashchenko), Kazakhstan (S. Moroz) with the conclusions and suggestions of Ukrainian scientists: A. Brevnova, P. Bubenko, D. Zadykhailo and others is carried out.

Article’s main body. In the context of the global economic crisis, the most effective ways out of it are two main directions. The first, global, is due to the unification of states into economic unions and the development of common mechanisms for economic development. And the second, local, is based on a detailed study of international best practices and its implementation in national models of innovative development.

A systematic analysis of the national regulatory framework with the legislation on entrepreneurship of other countries gives grounds for concluding that it is formed on similar conceptual principles, in particular with regard to consolidating the principle of “freedom of enterprise”.

The Doing Business survey periodically determines the ranking of countries in the world regarding freedom of enterprise. The assessment is based on the arithmetic mean of ten control indicators: the process of business registration, the mechanism of connection to energy supply, the process of property registration, credit system, existing tax mechanisms, the degree of investor protection and more. In connection with the unsatisfactory state of development of the economy of Ukraine, attention is focused on ensuring the activities of small business on these criteria in countries that are consistently ranked in international ranking research. In particular, Georgia, China, New Zealand, Singapore and others.

Conclusions. The plans of the Ukrainian authorities to further harmonize the legislation in the field of small business with European standards, to carry out in-depth tax reform and to carry out manifestations of illegal pressure on business deserve support.

In order to accelerate the process of improving the legal framework for entrepreneurship and effective mechanisms for innovation, the conclusions of international experts should be used more widely.

The recommendations of international rating agencies on the need to adopt a realistic strategy for the development of small and medium-sized businesses (entrepreneurship), improve the regulatory framework in the field of lending to small and medium enterprises and improve their access to existing forms of financing, development of entrepreneurship and real action should be implemented. the principle of freedom of its conduct in the field of innovation.