CONSTITUTIONAL AND LEGAL REGULATION OF ENTREPRENEURIAL ACTIVITY: CONCEPT AND ESSENCE

Abstract

The article examines the theoretical and legal nature of constitutional regulation of entrepreneurial activity, its relationship with sectoral regulation, and the constitutional duties of the state in safeguarding economic freedom. The purpose of the study is to clarify the concept of constitutional and legal regulation of entrepreneurship, systematize its structural elements, and substantiate the legal limits of state interference. The research applies formal legal, systemic, comparative legal, and analytical methods. The 2023 Constitution of the Republic of Uzbekistan, national entrepreneurship legislation, foreign constitutional experience, recent scholarly studies, official statistics, and judicial practice are examined in an interconnected manner. The study proposes a three-component model of constitutional regulation of entrepreneurial activity consisting of normative, institutional, and procedural elements. Its scientific novelty lies in substantiating that the state’s constitutional duty toward entrepreneurship is not limited to refraining from unlawful interference but also includes a positive obligation to ensure fair competition, protection of property, legal certainty, and effective judicial protection. A set of criteria for assessing state interference is also proposed: a lawful basis, a legitimate aim, necessity, proportionality, and judicial review. The findings may be used to improve entrepreneurship legislation, define the limits of supervisory powers, and strengthen the direct effect of constitutional guarantees in judicial practice.