ACTUAL ISSUES OF IMPLEMENTATION ECONOMIC ACTIVITY IN THE AREA OF ANTI-TERRORIST OPERATION
Journal Title: «Приватне та публічне право» - Year 2018, Vol 1, Issue
Abstract
In this article the question of conducting business activity in the ATO zone and carrying out economic relations with enterprises registered in the territory of the Russian Federation are investigated. The ways of minimization of criminal-legal risks under contracts entered into with economic entities registered in the ATO zone are outlined. The order of confirmation of force majeure circumstances that arose as a result of ATO is considered. The war on the Donbas has affected each Ukrainian citizen in one way or another. The country pays for its freedom of life its defenders and civilians. The political issue of preserving and restoring economic relations with the uncontrolled part of the Donbas is debatable, some authorities point to the need for an “economic blockade”. A similar question arises also at entrepreneurs – work with enterprises from the zone of antiterrorist operation or don’t work (hereinafter – ATO)? There are no clear legal rules that would set specifics or prohibit entrepreneurship from uncontrolled Ukrainian territory now. The given situation (threat of hostilities, possible contacts between counterparts and terrorists) generates numerous legal risks, and therefore economic contacts with enterprises of the ATO zone require careful and qualitative legal research. Today enterprises outside the ATO zone are disoriented and do not know which of the enterprises in the ATO zone they are allowed to work, and which are prohibited. Standards Art. 42 of the Constitution of Ukraine, Art. 43 of the Civil Code of Ukraine determine the freedom of entrepreneurial activity, which does not depend on where on the territory of which the administrative-territorial unit is a registered entity. Any business entity it can conduct business throughout the territory of Ukraine and abroad. Under Art. 43 of the Commercial Code of Ukraine, entrepreneurs have the right to carry out without any restrictions independently any business activity that is not prohibited by law. Peculiarities of realization of certain types of entrepreneurship are established by legislative acts.
Authors and Affiliations
А. В. Замрига
Keywords
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