Legal Framework for the Protection of Entrepreneurs’ Rights

Abstract

It is difficult to overestimate the importance of protecting the rights and freedoms of entrepreneurs in a market economy – they are necessary “tools” and a driving force in the market relations that expand a country’s gross domestic product, and as such should be directly involved in the socio-economic policy of the state. Due to a historical absence of the specialised legal means and procedural tools required to ensure the effective security and protection of the rights of entrepreneurs, Kazakh legislators have carefully studied examples from other countries to develop their own legislation relating to profit-making entrepreneurial activities during the early stages of the post-independent development of Kazakhstan. In this way, licensing processes, protections for entrepreneurs from unreasonable inspections and abuse of power by the authorities, the creation of special organisations to protect entrepreneur’s rights, and a reduction in the number of administrative barriers in practice were all consolidated and codified into the regulatory structure. All the above allowed the authors to highlight the main purpose of this study – a comprehensive systemic study of the protection of the rights and legitimate interests of entrepreneurs in socio-economic, political, and legal relations (as exemplified by the Republic of Kazakhstan). The main and practically significant results were obtained by employing both theoretical and methodological analysis of scientific publications covering the issues of legal security and the protection of entrpreneurial rights and freedoms at the national and international levels, as well as tools of comparative legal, comparative political, systemic and structural analysis, value-statutory and institutional methods, and content analysis of statistical data and official documents. This paper constitutes a study of a scientific and recommendatory legal and socio-political nature, which has unconditional practical significance, originality in clarifying certain issues, and is aimed at a broad study of the essential aspects of the legal protection of entrepreneurial activity in modern Kazakhstan. We recognize that the subject considered in this paper is promising for further scientific elaboration and detailing of certain points, which have been superficially touched upon in this study.