Importance of the Decisions of the Constitutional Court RF and Federal Constitutional Court FRG for Realization of the Constitutional Right on Free Occupation by Business Activity
One of the facilities of the improvement of the legal regulation to business activity emerges constitutional истолкование rates of the laws. In given article is presented theoretical understanding of importances of the decisions of the Constitutional court RF and Federal Constitutional court FRG for realization of the constitutional right on free occupation of business activity. Results. In article were analysed and subjected to the comparison of the Decision of the Constitutional Court RF and Federal Constitutional Court FRG on questions of the regulation to business activity. Conclusion. Importance legal position Constitutional Court RF and Federal Constitutional Court FRG is reduced to fastening adjusting began activity a state in sphere of the economy and enterprise, removal obstacle in development of the business relations, as well as to protection of the economic rights of the businessmans, including through constitutional interpretation of essence of the liberty of the agreement and ownership. Herewith, coming from particularities of the constitutional right to Germany (not fastening basically Law of the independent right on business activity), on our glance, exists the particularity in interpretation of the rates of the Main Law by Federal Constitutional Court FRG, directed, in the first place, on legal determination and interpretation of the notion «business liberty» and her(its) constitutional-legal contents and borders.
- The Resolution of the Constitutional Court RF from May 31 2005 6-P «On deal about check конституционности Federal law “About obligatory insurance of civil responsiblity owner transport facilities” in connection with request of the State Meeting – El Kurultay Republics Altai, Volgogradskoy regional duma, groups deputy State Duma and complaint of the person S. N. Shevcova». Collected legislation of the Russian Federation, 2005, no. 23, article 2311 (in Russian).
- The Resolution of the Constitutional court to Russian Federation from February 19 2005 12-P «On deal about check конституционности paragraph 8 points 1 article 20 Federal laws “About insolvency (the bankruptcy)” in connection with complaint of the person A. Mezhenceva». Collected legislation of the Russian Federation, 2006, no. 3, article 335 (in Russian).
- The Resolution of the Constitutional court RF from February 23 1999 4-P «On deal about check конституционности positions of a part of the second article 29 Federal laws from February 3 1996 “About banks and bank activity” in connection with complaint of the people O. Yu. Veselyashkinoy, A. Yu. Veselyashkina and N. P. Lazarenko». Collected legislation of the Russian Federation, 1999, no. 10, article 1254 (in Russian).
- The Judicial practice of the Federal Constitutional Court to Germany: site. Available at: http://www.bundesverfassungsgericht.de/entscheidungen.html (accessed 09 March 2011).
- The Resolution of the Constitutional court to Russian Federation from February 24 2004 3-P «On deal about check конституционности separate positions article 74 and 77 Federal laws “About join-stock companies”, adjusting order to consolidation of the placed actions of the join-stock company and ransom of the fractional actions, in connection with complaint of the people, companies “Cadet Isteblishment” and request of the October district court of the city Penzy». Collected legislation of the Russian Federation, 2004, no. 9, article 830 (in Russian).
- The Resolution of the Constitutional Court RF from June 6 2000 9-P «On deal about check конституционности positions of the paragraph of the third point 2 articles 77 Federal laws “About insolvency (the bankruptcy)” in connection with complaint of the open join-stock company “Tverskaya spinning factory”». Collected legislation of the Russian Federation, 2000, no. 24, article 2658 (in Russian).
- The Resolution of the Constitutional court RF from January 23 2007 1-P «On deal about check конституционности positions of the point 1 article 779 and point 1 article 781 Civil codes to Russian Federation in connection with complaint society with limited liability “Agency to corporative safety” and person V. V. Makeeva». Collected legislation of the Russian Federation, 2007, no. 6, article 828 (the Resolution) (in Russian).