The article examines the theoretical and legal nature of constitutional regulation of entrepreneurial activity, its relationship with sectoral regulation, and the constitutional duties of the state in safeguarding economic freedom. The purpose of the study is to clarify the concept of constitutional and legal regulation of entrepreneurship, systematize its structural elements, and substantiate the legal limits of state interference. The research applies formal legal, systemic, comparative legal, and analytical methods. The 2023 Constitution of the Republic of Uzbekistan, national entrepreneurship legislation, foreign constitutional experience, recent scholarly studies, official statistics, and judicial practice are examined in an interconnected manner. The study proposes a three-component model of constitutional regulation of entrepreneurial activity consisting of normative, institutional, and procedural elements. Its scientific novelty lies in substantiating that the state’s constitutional duty toward entrepreneurship is not limited to refraining from unlawful interference but also includes a positive obligation to ensure fair competition, protection of property, legal certainty, and effective judicial protection. A set of criteria for assessing state interference is also proposed: a lawful basis, a legitimate aim, necessity, proportionality, and judicial review. The findings may be used to improve entrepreneurship legislation, define the limits of supervisory powers, and strengthen the direct effect of constitutional guarantees in judicial practice.
| Mualliflar | XURRAMOV, E’zozbek |
|---|---|
| Jurnal | Юрист ахборотномаси |
| Nashr sanasi | 2026-08-24 |
| Jild | 1 |
| Son | 4 |
| Betlar | 44-53 |
| Til | O‘zbek |
tadbirkorlik, konstitutsiyaviy huquq, konstitutsiyaviy-huquqiy tartibga solish, iqtisodiy erkinlik, mulk huquqi, huquqiy tartibga solish, sud nazorati, kafolat., предпринимательство, конституционное право, конституционно-правовое регулирование, экономическая свобода, право собственности, правовое регулирование, судебный контроль, гарантии.
This article is devoted to the role of the prosecution authorities in the system of state power in the context of globalization and democratic reforms, as well as the issues of improving their accountability mechanisms…
The comprehensive research article thoroughly examines the legal regime of financial intelligence information within the system for anti-money laundering and the financing of terrorism (AML/CFT). It convincingly argues…
This scientific article provides a scholarly analysis of the issues related to improving the legal regime of the property of Citizens’ Self-Government Bodies (CSGBs). The legal regime of mahalla property is inextricably…
This article provides a comprehensive analysis of the theoretical and legal foundations, substantive content, and contemporary development trends of the legal awareness activities carried out by justice bodies and…
This article analyzes the legal nature of a limited liability company as an organizational and legal form, its specific features, and the theoretical and practical aspects of its legal regulation in the legislation of…
The article examines legislative quality as an integrated category that extends beyond the legal and technical accuracy of a normative text and combines the evidentiary basis of a regulatory decision, its practical…
This article is devoted to the legal analysis of the status of artificial intelligence (AI) systems in civil legal relations. In the context of the modern digital economy and technological progress, the active…
This article provides a systematic analysis of the institutional and legal frameworks for cooperation between state bodies and non-governmental non-profit organizations (NGOs) in implementing the state’s social function…
The article analyzes the concept of an electronic contract and its civil-law nature in close connection with the substantive and procedural aspects of electronic form. The purpose of the research is to substantiate that…
This article discusses corruption risks related to the time limits for reviewing appeals of individuals and legal entities, the procedure for extending and shortening such time limits, as well as liability for…