Publication date: 09.06.2024
Lawyer
Legal mechanisms for the protection of business rights for persons who have suffered persecution due to their political views
The right to entrepreneurial activity is one of the fundamental human rights established both at the national and international levels. Unfortunately, however, this right is often violated in some countries, especially when it comes to individuals who are persecuted because of their political views. Such discrimination not only violates the fundamental principles of equality and justice, but also causes significant damage to the economic development and prosperity of society.
In this article, we will consider the legal mechanisms for protecting business rights for individuals who have been persecuted for their political views. We will analyze the relevant national and international legal acts, as well as consider case law and legal opinions in this area.
Consultation of a lawyer, lawyer's consultation, analysis of documents, legal opinion, legal opinion of a lawyer / National legislation
The protection of the right to entrepreneurial activity in Ukraine is guaranteed by the Constitution of Ukraine and a number of laws, in particular the Economic Code of Ukraine, the Civil Code of Ukraine and the Law of Ukraine "On Entrepreneurship".
In particular, the article of the Constitution of Ukraine guarantees everyone the right to entrepreneurial activity, which is not prohibited by law. The state ensures the protection of competition in business activities and does not allow the abuse of a monopoly position in the market.
The Economic Code of Ukraine defines everyone's right to entrepreneurial activity, which is not prohibited by law. At the same time, the article of the Code ensures the equality of all business entities before the law and the prohibition of any discrimination in the field of business activity.
The Civil Code of Ukraine also guarantees the right to entrepreneurial activity of individuals and legal entities, except for cases provided for by law.
However, it is worth noting that there are no special norms in Ukrainian legislation that would directly regulate the protection of the rights to business activity for persons who have been persecuted because of their political views.
However, as in national legislation, there are no special international norms that would directly regulate the protection of business rights for persons who have suffered persecution due to their political views.
Judicial practice and legal conclusions
Despite the lack of direct regulation, case law and legal opinions of experts confirm the need to protect the right to do business for people who have been persecuted because of their political views.
In particular, the European Court of Human Rights in the case "Hanfer and Hafner v. Germany" (1999) ruled that the refusal to grant a person permission to carry out business activities because of his political beliefs is a violation of Article 10 of the Convention (freedom of expression).
In addition, the Consultative Council of European Lawyers (CJEU) in its Opinion No. 8 (2006) emphasized the need to ensure equality and non-discrimination in the field of business activities, in particular to protect against harassment based on political views.
Legal opinion
Having analyzed national and international legislation, as well as judicial practice and expert opinions, we can conclude that there is a need to develop special legal mechanisms for the protection of entrepreneurial rights for persons who have been persecuted because of their political views.
Such mechanisms should include both amendments to legislation and the development of judicial practice based on universally recognized principles of equality, non-discrimination and protection of human rights.
