Legislative regulation of rights and interests protection methods in the sphere of economy: state and directions of improvement

Abstract

Based on the analysis of the legislation of Ukraine, international acts, scientific literature, judicial practice, methods of protecting the rights of business entities in the context of their system, types, boundaries of election, determination of an effective method of protection are investigated. As a result of the study, the authors substantiated the position on improving the legislative regulation of ways to protect the rights and interests of business entities in the norms of the Civil Code of Ukraine. It is proposed to supplement Art. 20 of the Economic Code of Ukraine with provisions on the possibility of protecting the rights and interests of business entities by another effective method of protection not directly enshrined in a law or contract. The criteria for the effectiveness of the method of protecting rights have been developed in science. It is proposed to consolidate compensation for moral damage as a separate method of protection from compensation for losses, to regulate the grounds and criteria for determining the amount of material compensation for moral damage caused to business entities, within section IV of the Economic Code of Ukraine.