JUDICIAL PROTECTION OF THE RIGHTS AND LEGAL INTERESTS OF BUSINESS SUBJECTS UNDER THE CONDITIONS OF MARITAL STATE: PROBLEMS OF LEGAL REGULATION

Abstract

This article is devoted to consideration of the issue of protection of the rights and legitimate interests of economic entities in the conditions of martial law.

It is argued that ensuring the rights and freedoms of a person and a citizen is a complex and very acute problem today, because modern legal science considers the provision of human rights and freedoms through extensive elements.

Protection of the rights of business entities is one of the main constitutional rights, which must be provided for with the participation of these entities in all respects.

In the article, the author analyzed the theoretical foundations for understanding the essence of the concept of "rights protection", "rights protection".

Based on the analysis of relevant scientific positions, the author comes to the conclusion that the categories of protection and protection are not identical, since the term "protection" is a narrower concept of protection. Protection should be considered a set of actions aimed at ensuring and fulfilling the norms of the current legislation by all subjects participating in legal relations (legal entities and individuals, state and local selfgovernment bodies, public organizations). Therefore, protection is a kind of human rights activity of the state, which, taking into account the constitutional orders, not only recognizes the value of a person, his rights and freedoms, but also defines the regime of legality as a condition for protection and timely taking measures to respond to possible violations.

It is substantiated that one of the most universal and effective forms of legal protection was and remains a
judicial form of protection.

Judicial protection occupies a central place in a fairly large arsenal of means designed to ensure the protection of human rights, including the protection of the rights and interests of business entities.

The author notes that the judicial form of protection provides parties interested in the outcome of the dispute with legal guarantees of the correctness of the resolution of the dispute, equality of procedural rights and procedural obligations of the parties, obliges the court to resolve cases effectively and efficiently, restoring the violated rights and interests of business entities.

It was concluded that although the judicial method of protecting the rights of business entities is associated with certain difficulties and objective problems, this method remains the main one.