Article title Anti-Discrimination Legislation of Ukraine in the Field of Some Economic Rights and Freedoms Performance (Back to the Problem Statement)
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 2/2015
Сторінки [197-204]
Annotation In this article the author studies anti-discrimination legislation of Ukraine in the field of some economic rights and freedoms performance. In particular, key specific features of relevant rules regulating foreign economic, investment and telecommunication activities are identified. Looking backward the author states that relevant anti-discrimination rules were established in legislation on economic relations involving foreign element. However, currently the above rules deal with broader area of interactions. The discrimination in economic rights and freedoms performance may be based both on formal legal criteria (e. g., form of property or place of incorporation) and economic criteria (in particular, amount of capital invested). Both economic and public relations based on inequality of subjects thereof are subject to relevant legislative rules prohibiting discrimination. Moreover, two types of antidiscrimination legal regulation in the studied area are as follows: general licensing and specific licensing. In the latter case the presumption of non-discriminatory nature of the statutory legal restraints may be identified respectively. The author concludes that certain anti-discrimination norms require modification, as they are badly drafted or contradictory in themselves.
Keywords аnti-discriminatory legal regulation, discrimination in law, economic rights and freedoms, prohibition of discrimination, non-discrimination principle.
References