The Regulation of Economic Relations in Civil Society: the European Private Law Approach

Kochyn Volodymyr Volodymyrovych

The article considers civil society as the basis for realization of market economic principles. It is established that when considering businesseconomic relations, it is expedient to allocate their main legal basis of legal regulation – freedom of entrepreneurship, which is considered as a set of private legal possibilities of realization of rights and fulfilment of duties for the purpose of profit and its subsequent distribution, as well as economic and legal order, which should be reduced to public constraints or advantages through the use of state regulation, as well as to the private legal limits of self-regulation and coordination within the civil about society Non-entrepreneurial economic relations are regulated on the basis of civil law, that is, they are deprived of public influence (lack of a regulator), as well as in cases established by law and order, states may supplement state regulation in the business sector. In a civil society, economic relations, according to their essence, can be subject to different legal regulation. We believe that state regulation of economic relations should be limited to ensuring subjective civil rights and interests of individuals, as well as guaranteeing legal economic order. Such a balance of interests is possible provided the social direction of the administrative and legal activity of the state is reduced, which is reduced by the privatization of social relations, in particular, in the production of public goods, subsidizing socially useful activities and increasing consumer control. Thus, civil society, having a private law nature, allows the realization of economic rights; instead, the state is gradually losing the role of a total regulator of these relations regarded as an instrument for safeguarding the stability of a market economy.

Keywords: regulation, economic relations, entrepreneurship, non-commercial activity, third sector, self-regulation, deregulation.

Рекомендоване посилання:

Kochyn V. V. The Regulation of Economic Relations in Civil Society: the European Private Law Approach [On-line resource] // Ius Privatum (legal doctrine and practice / правова доктрина і практика). 2018. 1. P. 46-60. URL: https://bit.ly/2GnP3Hq (Date of access: 20.03.2022).
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