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This is an Open Access article, distributed under the terms 
of the Creative Commons Attribution CC BY 4.0

1 H.S. Skovoroda Kharkiv National Pedagogical University, Ukraine (corresponding author)
E-mail: kovalenko.olena@hnpu.edu.ua
ORCID: https://orcid.org/0000-0002-0883-9869
2 Donetsk State University of Internal Affairs, Kropyvnytskyi, Ukraine
E-mail: sv.vasiliev2015@gmail.com
ORCID: https://orcid.org/0000-0003-3226-6981
3 H.S. Skovoroda Kharkiv National Pedagogical University, Ukraine
E-mail: zhdannik9@gmail.com
ORCID: https://orcid.org/0000-0002-7773-0402

DOI: https://doi.org/10.30525/2256-0742/2025-11-2-112-120

FACETS OF PROTECTION  
OF ECONOMIC RIGHTS AND FREEDOMS

Olena Kovalenko1, Sergii Vasyliev2, Mykola Zhdan3 

Abstract. It is evident that one of the key areas of focus for the national economy is the constitutional  
consolidation, guarantee and protection of a wide range of economic rights and freedoms of the individual.  
The empirical experience of the realisation of constitutional economic rights and freedoms highlights trends 
and contradictions in this area, which requires a special study. A thorough examination of the implementation 
and judicial protection of constitutional economic rights and freedoms has enabled the identification of certain  
issues and the formulation of proposals for the enhancement of legislation in this domain of social relations.  
In Ukraine, despite a substantial corpus of scientific studies in the field of human rights, there is virtually no 
comprehensi ve scientific research on economic rights and freedoms of man and citizen. Nor is there a universally 
recognised list of these rights, nor a consensus on the sectoral nature of economic rights and freedoms. Thus, 
the relevance of the study of theoretical and practical issues of protection of fundamental economic rights and 
freedoms is due, firstly, to the globalisation of human rights doctrine in the modern world; secondly, to the need 
to create a holistic view of the forms of protection of fundamental economic rights and freedoms; thirdly, to 
the need to improve the current legislation and to the need to create effective mechanisms for the realisation 
and protection of economic rights and freedoms in Ukraine. The subject of the research is the constitutional 
provisions establishing economic human rights, the legal basis for their judicial protection; the regularities of the  
functioning of the judicial protection mechanism; scientific works that study theoretical and practical issues 
related to judicial protection of economic rights, as well as judicial practice. The methodological basis of the  
study is constituted by general theoretical and special methods of scientific cognition, principles and approaches 
to defining the concept of economic rights and freedoms of man and citizen, their essence, content and forms of 
protection. In particular, the method of dialectical logic was used to reveal the mechanism of their realisation of 
economic rights and freedoms. The sociological method was utilised to analyse internal and external factors, as 
well as social processes, which resulted in the recognition and consolidation of economic rights and freedoms of 
the individual. These rights and freedoms were considered to be an independent group of rights and freedoms. 
The current state of their implementation was also analysed. The formal logical method was employed to define 
the basic concepts of legal structures for the consolidation of economic rights and freedoms of the individual. 
The systemic and functional method was used to classify forms of protection of economic rights and freedoms 
of the individual and citizen, and to identify their features. The methodological basis also incorporates such 
general scientific methods as analysis and synthesis, generalization, modelling, and others. The application of 
these and other methods of scientific knowledge guaranteed the objectivity and reliability of the study of forms of  
protection of economic rights and freedoms, and the achievement of the goals and objectives set for the  
dissertation. The critical and analytical comprehension of issues pertaining to the protection of economic rights 
and freedoms enables the drawing of scientific and theoretical conclusions. This, in turn, highlights the positions 
of judicial practice and renders the discussion of problems in the protection of economic human rights more 
constructive and, as a consequence, more effective. Results. Economic rights, understood as a set of human 
and civil rights, are pivotal in realising the human potential in the sphere of economic relations. They enable  
individuals to claim material support from society, as represented by the State, and to utilise the fruits of 



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human activity in various domains to create conditions conducive to a life that is worthy of the human being.  
The study posits that the realisation of the rule of law and the rule of law in the State is contingent not solely  
on the adoption of high-quality regulations and the assurance of their implementation. Rather, it asserts the  
necessity of an effective mechanism to protect the rights of individuals and legal entities. The protection of 
economic rights and freedoms is a matter of particular interest to scholars and law enforcement officials, due to its 
specifics at both the national and supranational levels. 

Keywords: economic rights, forms of protection of rights, constitutional jurisdiction, judicial protection,  
cross-border jurisdiction, extrajudicial forms of protection, polyformism, cyber law.

JEL Classification: K24, K38

1. Introduction
The contemporary paradigm of economic rights 

and freedoms, in conjunction with a comprehensive 
examination of its ramifications on the advancement 
of the entire spectrum of human rights within 
the Ukrainian State, necessitates a commensurate 
enhancement of methodologies employed to 
comprehend their constitutional and legal essence, 
alongside the exploration of diverse modalities 
for their safeguarding. The scientific doctrine 
demonstrates a propensity towards a more autonomous 
contemplation of economic rights and freedoms,  
as well as modernisation of the emphasis on their 
placement within the traditional group of rights. This is 
guided by the construction enshrined in international 
human rights acts and focuses on the processes of 
globalisation in the field of economy and law.

Despite the existence of a substantial corpus of 
scientific literature encompassing special studies of 
theoretical provisions on the protection of human  
rights and freedoms, certain problems of improving 
legislation, both in terms of the judiciary and judicial 
proceedings, remain unaddressed by legal science. 
Indeed, there is a paucity of comprehensive studies 
of various forms of protection of economic rights and 
freedoms.

An analysis of the national scientific literature shows 
that certain problems of protection of economic  
rights and freedoms of man and citizen have been 
studied by such scientists as V. Poedinok, P. Rabinovich, 
Y. Ryzhuk, M. Savchyn and others. Problems of 
protection of rights of business entities have been 
studied by legal scholars: O. Belyanevych, O. Bryntsev, 
O. Kot, L. Nikolenko, O. Podtserkovnyi, V. Reznikova, 
V. Shcherbyna and others. In the context of this  
subject, the works of A. Muller, R. O'Connell and 
E. Petersmann are of particular value. These scholars 
conducted a comparative study of the judicial and 
extrajudicial protection of economic rights of man 
and citizen in foreign countries. Their study was based 
on extensive empirical material. Nevertheless, as 
demonstrated by the scientific material analysed and 
the judicial practice that has been generalised, there 
are a multitude of unresolved issues in the domain of 

economic legal relations that do not contribute to the 
advancement of the economic sector or the economy 
as a whole. Consequently, the necessity for effective 
legal regulation of the procedure and methods for 
protecting violated, unrecognized or disputed rights 
and legitimate interests of economic relations, based on 
modern, sound scientific developments, is determined 
by the objective of ensuring sustainable economic 
development of Ukraine. A considerable number of 
provisions pertaining to the specifics of the protection 
of economic rights and freedoms remain the subject 
of controversy at present, indicating the necessity for 
further elaboration of certain issues.

The purpose of the article is twofold: firstly, to 
determine the place and role of economic rights in 
the context of general human rights; and secondly, to 
identify the forms and features of their most effective 
protection in the national and transnational formats.

2. The Nature of Economic Rights  
and Freedoms

In order to comprehend the concept of economic 
human rights and freedoms, it is imperative to establish 
a foundational understanding of the legal nature 
of "human rights". This concept has been elegantly 
articulated by P. Rabinovich: "Human rights are the 
possibilities of a person (or a group of people) to  
obtain and use the means necessary to satisfy their 
biologically and socially justified – in specific historical 
conditions – needs for existence and development, 
determined by the level of development of society 
and ensured by the obligations of other subjects." 
(Rabinovich, 2013)

The guarantee of human rights can be regarded 
as an indicator of the sustainability and maturity of 
the state. This position is the result of the gradual  
formation of state and legal views in the direction 
of recognizing a person, their rights, freedoms 
and legitimate interests as the highest social value, 
a guideline in the activities of the state and all public 
institutions (Sokolenko, 2012).

With regard to the definition of economic human  
rights, the scientific doctrine does not adopt 
a single approach to disclosing their content and 



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system. Accordingly, Y. Frolov delineates economic 
rights and freedoms of the individual in Ukraine as 
a distinct category within the overarching framework 
of constitutional rights and freedoms. These rights 
are defined as the capacity of individuals to possess, 
utilise and dispose of economic assets, in addition to 
the acquisition and protection thereof, in accordance 
with the manner, limitations, forms and procedures  
stipulated by the Constitution and legislation of 
Ukraine (Frolov, 2005). Y. Ryzhuk (2012) defines 
economic rights as "legally enshrined opportunities for 
a person and a citizen to participate in social production 
(exchange, distribution and use) of tangible and 
intangible goods, to freely dispose of the results of their 
economic activity in order to meet their own needs".  
As Waldron (2010) argue, certain authors place 
significant emphasis on the systemic nature of economic 
rights and freedoms, viewing them as an integrating 
element of a decent standard of living. It can thus  
be argued that economic rights are a form of 
manifestation of individual freedom in the sphere  
of the economy and, to a greater extent, derive from 
human nature.

In accordance with classical principles, constitutional 
economic rights encompass a range of provisions that 
facilitate the pursuit of intellectual endeavours by 
ensuring the fundamental rights to labour, property  
and entrepreneurship are upheld.

These rights can be considered generic constitutional 
economic rights, which, in turn, are divided into  
specific rights depending on the subject matter and  
type of activity that the economic relations arising 
from it are aimed at. It is evident that the division is 
predicated on the subject matter of regulation within  
the framework of the right to private property. This 
division is further delineated by the right to private 
ownership of land, real estate, and movable property. 
Within the framework of the right to entrepreneurship, 
the division is characterised by the right to activities 
based on own and hired labour, as well as the right to 
activities related to the production and movement 
of goods and the provision of services. Finally, within 
the framework of the right to labour, the division is  
evident in the right to access to labour during the 
conclusion and termination of an employment  
contract, as well as the right to receive a salary to 
maintain a decent standard of living.

For example, A. Clark identifies several core 
components of property rights. These include the 
right to possess (exclusive physical control over an 
object), to use it personally, and to determine how 
and by whom it may be used (the right to control). 
Property rights also encompass the right to derive 
income from the object – either through personal use 
or by granting others permission to use it – as well as 
the right to its capital value, which allows the owner 
to transfer, consume, modify, or even destroy the 

object. Further elements include the right to security 
(protection from expropriation), the ability to transfer 
ownership through inheritance or will, the concept of 
perpetuity, the obligation to avoid harmful use, and 
liability – meaning the object may be claimed to satisfy 
a debt (Clark, 2005).

Economic human rights in Ukraine are ensured by 
universal constitutional guarantees, which include:  
(1) judicial protection of human and civil rights 
and freedoms and appealing against decisions, 
actions or inaction of state authorities, local self-
government bodies, officials and employees in court  
(Art. 55(1), (2)); (2) the right to protect one's rights 
by any means prohibited by law (Art. 55(1), (2));  
(2) the right to protect one's rights by any means 
not prohibited by law (Art. 55(5)); (3) a guarantee 
of compensation for damages caused by unlawful  
decisions of persons or bodies acting on behalf  
of the state (Art. 56); (4) the possibility to receive 
information on the content of rights and obligations 
(Article 57); (5) the right to legal support (Article 59); 
(6) the right to apply for protection of their rights to 
the Ukrainian Parliament Commissioner for Human 
Rights, relevant international judicial institutions or 
to the relevant bodies of international organisations 
of which Ukraine is a member or participant  
(Articles 55(3), (4)); (7) the right to apply to state 
authorities, local self-government bodies and officials 
and officers of these bodies (Article 40).

These regulatory and legal guarantees are intended  
to directly ensure the legitimacy of the exercise of  
human rights and freedoms, the protection and  
defence of these rights and freedoms in the event  
of their violation by any party, whether private or 
public officials, state and local authorities or public 
organisations.

Moreover, such guarantees serve to facilitate the 
development of the economic sphere and function 
as a framework within which public authorities can 
formulate economic policy directives. The significance 
of these guarantees in establishing a market economy 
has been consistently underscored in the rulings of 
the Constitutional Court of Ukraine. These decisions 
are intended to safeguard the economic stability of the 
nation and to protect the sustainability of the economic 
system. This is achieved, in part, by establishing an 
equitable balance between constitutionally significant 
values and by finding a compromise between 
international law and national law in the context of 
general globalisation.

It is important to note that the mechanism of 
realising constitutional economic rights encompasses 
their protection and defence. However, it is crucial to 
distinguish between the protection of constitutional 
rights and their defence. It is imperative to recognise 
the significance of safeguarding economic rights,  
which is an ongoing endeavour encompassing 



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a range of measures. These measures are meticulously  
designed to avert any infringement on these rights 
and to ensure their effective realisation through the 
implementation of various guarantees. The protection 
of economic rights of citizens can be defined as a  
specific activity and a set of measures that are 
implemented in the event of a violation of the right,  
with the aim of restoring the violated right.  
The protection and defence of economic rights of 
citizens is expressed in the activities of both the subject 
of law and the responsible authorities. The protection 
of economic rights is ensured by their conscientious 
exercise, which does not allow for abuse of the right. 
Such abuse may be expressed, for example, in unfair 
competition and monopolistic activities. Adherence 
to the prohibitions contained in legislation on the 
protection of economic rights, in conjunction with 
the fulfilment of assigned duties, is instrumental in 
ensuring equal access to relevant resources and goods 
(works, services) by subjects of law. Nevertheless, the 
protection of economic rights is contingent upon the 
effective fulfilment of duties by the state, through the 
provision of appropriate guarantees.

 

3. Constitutional Justice  
in the Protection of Economic Rights

The resolution of economic disputes may be achieved 
through the utilisation of various forms of judicial 
protection, with constitutional and judicial protection 
assuming a predominant role. The leading function of 
the Constitutional Court is supported by the following 
arguments: (1) the performance by the constitutional 
judicial bodies of the function of reviewing the 
provisions of normative acts for their conformity with 
the laws of Ukraine; (2) the possibility of formulating 
and clarifying in the course of constitutional judicial 
review the generally recognised principles of law on 
which all other judicial bodies base their activities; 
(3) the priority of the decisions of the Constitutional  
Court of Ukraine, which is determined by the supreme 
legal force of the Constitution of Ukraine. 

The activities of the Constitutional Court of  
Ukraine (henceforth referred to as the CCU) ensure 
compliance with the regime of constitutionality, 
as opposed to legality, which is exercised in the 
administration of other types of justice. Constitutionality 
is a phenomenon of a higher order than legality.  
It is the fundamental principle of the doctrine and 
practice of constitutionalism. It is precisely this 
mechanism that ensures the direct effect of the 
Constitution and the real protection of citizens' rights 
on the basis of equality (Riznyk, 2020).

In the context of safeguarding economic rights and 
freedoms, the doctrine of the horizontal effect of the 
constitution and fundamental rights, in conjunction 
with the constitutionally conformist interpretation 

of legislation, assumes significant importance.  
The doctrine of the horizontal effect of fundamental 
rights is of crucial importance in ensuring equality in 
private law relations and preventing discriminatory 
practices. It is therefore vital that legislation, standard 
contractual terms and contractual practice comply  
with the fundamental principles of law (Koukal, 2019).

To illustrate this point, reference is made to 
the Constitution of Ukraine, which stipulates in  
Article 92(7) (1) that the legal regime of property 
is determined exclusively by the laws of Ukraine.  
In accordance with this constitutional provision, the 
CCU has formulated a number of legal positions, 
according to which: (1) the legal regime of property, 
the procedure and conditions for the acquisition and 
termination of property rights, as well as the rights 
to own, use and dispose of property are determined 
by laws; (2) in order to realise the right to property 
enshrined in the Constitution of Ukraine, sectoral laws 
are required that establish specific norms of property 
usage by the owner, taking into account the interests 
of all subjects of legal relations; (3) only the laws of 
Ukraine establish the legal regime of property, based  
on constitutional provisions specified in laws that  
may also contain certain features of the legal regime 
of certain forms of ownership; (4) the legal regime 
of ownership, the procedure and conditions for the 
acquisition and termination of ownership, as well as 
the rights to own, use and dispose of property (land) 
are determined by law (CCU Decision No. 8-r/2019  
of 25.06.2019).

Furthermore, it is possible to distinguish  
between cases in which the subjects of the right 
to constitutional petition complained about (a) 
non-compliance with "budget laws" restricting the 
rights of citizens with the Constitution of Ukraine;  
and (b) restrictions on the possession, use and  
disposal of property rights, etc.  

Constitutional jurisdiction is therefore an important 
institution for the purpose of guaranteeing economic 
rights. The significance of the CCU's acts of official 
interpretation of legal norms is that they serve to 
eliminate uncertainty in understanding other general 
legal provisions. It is evident that these prescriptions 
are characterised by all the features of legal norms, 
with the only peculiarity being that they are applied 
in conjunction with interpretive normative provisions. 
Concurrently, this feature merely signifies the  
auxiliary importance of acts of official judicial 
interpretation of legal provisions, whilst failing to  
refute their law-making significance. A salient feature 
of the CCU acts is that, in contrast to the acts issued  
in cases concerning the constitutionality of legal acts, 
these acts of normative interpretation do not result 
in the loss of legal force of any legal acts, individual 
norms and legal provisions. However, it is imperative 
to acknowledge the necessity for a re-examination  



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and refinement of the latter to align it with the 
constitutional interpretation provided by the CCU 
(Vasyliev, 2023). 

The specific conditions for the acquisition and 
procedure for the realisation of economic, human and 
civil rights, as well as the actual amount of material 
benefits guaranteed by their normative content, are 
not subject to protection through constitutional 
proceedings. It is submitted that economic, human 
and civil rights are subject to judicial protection to  
the extent that their realisation is difficult or  
impossible due to existing shortcomings in the  
legislative regulation of the relevant normative 
mechanism.

Concomitantly, it is imperative to acknowledge 
that courts, in their adjudication of economically 
binding interpretations of positive rights, must be 
cognisant of the ramifications of their decisions.  
As A. Meleshevych (2010) rightly observed, the 
capacity of the judiciary to influence the distribution  
of economic benefits in the absence of adequate 
economic, analytical and forecasting resources  
allows for the following reservation: an overly active 
utilisation of judges' discretion in interpreting positive 
human rights may yield unintended consequences  
for society.

 

4. Judicial Forms  
of Economic Rights Protection

The judicial protection of rights is universal  
in nature, offering the highest level of guarantees for 
the protection of subjective rights and legitimate 
interests. The system of judicial bodies plays a pivotal 
role in ensuring the stability of the constitutional 
order's foundations. It is responsible for safeguarding 
the rule of law and maintaining order within the 
socio-economic structure. The constitutional features 
of the judicial form that distinguish it from other 
forms are as follows: protection on behalf of the state 
by an independent jurisdictional body (court) by 
the procedure for consideration and resolution of  
disputes strictly regulated by law.

The legal nature of the economic rights of 
a person belonging to the private law sphere determines  
the main elements of the judicial procedure for their 
protection, which indicates the proactive nature of 
actions of individuals and legal entities exercising 
their right to judicial protection. In this sense, the 
constitutional right to judicial protection can be  
revealed through the power to demand protection of 
one's right and the corresponding obligation of the  
court to provide such protection by ordering the 
violator to take actions to restore the violated right,  
and recognise or transform the right.

It is important to note the polyformism of the  
judicial form of protection of economic rights and 

freedoms in Ukraine. It is evident that the legal  
separation of different judicial forms of protection 
of economic rights in Ukraine is carried out with 
consideration not only of the specifics of protection 
provided by law and court, but also of the system 
of bodies administering justice. The protection of 
economic rights and freedoms is the purview of courts 
of general jurisdiction in civil proceedings, as well as 
commercial courts. In certain categories of cases, the 
protection of economic rights and freedoms is also  
the purview of administrative courts.

D. Prytyka assesses the advantages of the economic 
court form of protection of economic rights and 
freedoms, noting that despite the similarity with the 
general court form of protection of civil rights, the 
economic court form of protection differs significantly 
from the latter. Prytyka (2003) argues that the form 
of activity established by law for an economic court  
is most suitable for consideration and resolution of 
economic disputes, taking into account the impact 
of an economic court on the economy of Ukraine. 
Consequently, within the framework of the economic 
court as a means of safeguarding subjective rights, 
not only is a particular economic dispute examined,  
but also the economic activities of entrepreneurs 
involved in the dispute are impacted in a broader 
sense. It appears that this element is also significant in 
establishing the fundamental nature of the concept of 
"judicial protection of entrepreneurs' rights".

Legal literature offers a list of criteria – conditions, 
the application of which determines the choice of 
an effective way of protecting the rights of subjects  
of law and specifies the discretion of the court in 
determining them: (1) compliance of the way of 
protection with the content of the violated right, the 
nature of its violation and the consequences caused by 
this violation; (2) compliance with the legislation, treaty, 
legal principles and the purpose of judicial protection; 
(3) expediency and efficiency; (4) appropriateness 
(proportionality, equivalence) to the offence;  
(5) availability of a mechanism for implementation 
(enforcement); (6) prevention of violation of the rights 
and interests of other subjects (Реtrunia, 2019).

Today, as a rule, there is no competition between 
different types of national judicial procedures for 
the protection of the economic rights and freedoms 
of individuals and legal entities. The correct  
definition of the subject-matter of the dispute also  
makes it possible to clearly determine the court's 
jurisdiction. And in cases where there are difficulties 
in the correct determination of the subject matter of 
the dispute due to its burden with a large number of 
materials, complexity of the subjective composition, 
imperfection of the legal regulation of the disputed  
legal relations, judicial practice in the form of legal 
positions of the Supreme Court and the ECHR comes 
to the rescue.



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At present, the use of a particular procedural form 

(civil, commercial, administrative) in the judicial 
protection mechanism depends on the existence of 
a commercial risk in the disputed relationship, which 
determines the quality of the participants. However, 
the procedure itself in the various forms of legal 
proceedings includes several standard actions (filing 
of a claim, notification of the parties, submission of 
evidence, examination by the court, etc.). The operation  
of the mechanism of judicial protection of rights in 
different procedural forms is based on the achievement 
of identical objectives and is based on the same 
principles, which allows for the conclusion that there  
is a similarity of the legal nature of these forms.

Given the specificity and role of the economic 
sphere in society, the problem of the effectiveness of 
"economic" legal procedures remains relevant. Real 
protection of economic rights should be carried out 
in such a way that it does not harm the economic 
condition of the subject as a whole. Therefore, the 
components of efficiency of the process of protection of 
rights and interests of subjects of economic relations are 
(a) clarity and simplicity of the protection procedure, 
(b) clear terms of consideration and resolution  
of the case, (c) adequate, reasonable court costs,  
(d) reality of enforcement of court decisions. 

5. Protection of Economic Rights  
by the European Court of Human Rights

In accordance with Article 1 of the Law of  
Ukraine "On Ratification of the Convention for 
the Protection of Human Rights and Fundamental 
Freedoms of 1950", the Ukrainian government 
formally acknowledges the jurisdiction of the  
European Commission of Human Rights, as outlined 
in Article 25 of the aforementioned Convention,  
to receive applications from any individual seeking 
the protection of their human rights and fundamental 
freedoms. This document is an appeal to the  
Secretary General of the Council of Europe by 
a non-governmental organisation (NGO) regarding  
violations by Ukraine of the rights outlined in the 
Convention and Article 46 of the Convention for 
the Protection of Human Rights and Fundamental  
Freedoms of 1950. The appeal acknowledges the 
jurisdiction of the European Court of Human 
Rights in all matters relating to the interpretation 
and application of the Convention as compulsory 
and without the conclusion of a special agreement.  
Ukraine acknowledges the impact of Articles 25 and 
46 of the Convention for the Protection of Human 
Rights and Fundamental Freedoms of 1950, as well as 
Protocols No. 4 and No. 7 to the Convention, on its 
territory.

The jurisprudence of the European Court of 
Human Rights (ECHR) contains numerous examples 

of economic cases. For instance, in the case of  
Sovtransavto Holding v. Ukraine (2002), the court 
noted that the state has a positive obligation to 
ensure the proper protection of property rights. 
The state's positive obligation is threefold: firstly, to 
protect the rights of the property owner; secondly, 
to protect the rights of the bona fide owner of the 
property; and thirdly, to protect the right to an 
easement. The state's failure to fulfil this positive 
obligation constitutes a gross violation of property 
rights. In particular, the ECHR stated that Ukraine 
had failed to fulfil its positive obligation to properly  
protect property by allowing an additional share 
issue, which led to artificial "dilution" of the minority 
shareholder's stake.

М. Savchyn, outlines the main methodological 
approaches that should form the basis for studying  
the peculiarities of the Strasbourg Court's protection  
of socio-economic values: (1) the concept of 
fundamental rights does not exclude the possibility 
of their interpretation in the light of the social 
and economic needs of an individual ("core rights 
perspective"); (2) consensus or broad agreement can 
also provide a valuable legal reference point for the 
protection of fundamental socio-economic rights  
by the Strasbourg Court; the basic socio-economic 
guarantees agreed at national and international  
level, and in particular the basic obligations recognised 
by the UN Committee on Economic, Political,  
Social and Cultural Rights, may be taken into 
account; (3) the Court, in one way or another, 
has been confronted in its decisions with the 
issues of reviewing the legality of the actions  
of the national legislator in terms of developing 
a regulatory framework for the implementation  
of the State's socio-economic policy (Savchyn, 2021).

The analysis of the jurisprudence of the ECHR, 
which reveals the content of the right to judicial 
protection, allows us to state that this right (1) relates 
to the fundamental, inalienable rights and freedoms 
of man and citizen; provides specific guarantees for 
the effective restoration of rights by a judiciary that 
meets the requirements of justice; (2) is a guarantee 
for the exercise of other rights and freedoms of man 
and citizen; and applies to citizens, public associations, 
legal entities – business entities; (3) is not subject 
to any restriction, since the restriction of this right 
can in no case be conditioned by the need to achieve 
the objectives recognised by the state legislation;  
(4) provides for the possibility of appeal to the court 
against decisions or actions (inactivity) of any state 
bodies, including judicial ones, etc.

Simultaneously, it is imperative to acknowledge 
that, despite the paramount importance and inherent 
significance of the ECHR's practice of safeguarding 
economic rights and freedoms, such protection  
remains subsidiary (auxiliary) to the overarching 



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international human rights mechanism. This legal 
position has become pivotal in the regulation of 
relations between the international human rights 
system and national jurisdictions. In the case of  
Sargsyan v. Azerbaijan (2015), the court noted:  
"The main feature of the protection mechanism 
established by the Convention is that it is 
complementary to national human rights protection 
systems. The purpose of the Court is to supervise 
the fulfillment by the Contracting States of their  
obligations under the Convention. It should not  
assume the role of the Contracting States, whose 
responsibility is to ensure respect for and protection  
of the fundamental rights and freedoms enshrined in 
the Convention at the national level."

The ECHR has repeatedly emphasised the paramount 
importance of economic values materialised in the 
relevant rights as an integral basis of democracy and, 
thus, as essential for ensuring the stability of sustainable 
economic development of the national legal system. 
Nevertheless, while states are under an obligation 
to respect, protect and fulfil minimum fundamental 
economic rights, the ECHR has not established  
a specific model for their protection. Conversely, it 
employs a case-by-case approach in resolving cases 
to ascertain whether the Contracting States fulfil 
their obligations to ensure the economic rights of the 
individual thoroughly, consistently and accurately.

6. Non-judicial Forms  
of Economic Rights Protection:  
National and Transnational Level

The interaction between legal systems in the  
context of globalisation and integration is of particular 
importance, as it promotes adaptation and mutual 
influence of national legal systems, directing them 
towards constructive development and harmonisation 
(Dudnyk, 2023). This process requires specific 
mechanisms to ensure interaction between different 
legal systems. For example, (1) the growth of 
international relations leads to the development of 
transnational justice, when judicial bodies consider 
cases with an international dimension, which helps 
to resolve conflicts between different legal systems 
and promotes the unification of judicial standards;  
(2) the use of mediation and consultation  
mechanisms helps to resolve conflicts and disputes 
between legal systems through dialogue and 
compromise; (3) interaction processes involve the 
exchange of experience and transfer of best practices 
between different legal systems, which helps to  
improve law enforcement procedures and ensure 
a higher level of protection of citizens' rights and 
freedoms.

It has been posited by certain researchers that the 
selection of a specific alternative remedy is influenced 

by a number of factors, including (a) the nature of 
the dispute, (b) the particular characteristics of the 
contractual or non-contractual relations between 
the disputing parties, (c) the domain of activity,  
and (d) the timing of the application for dispute 
resolution – whether this occurs before the 
commencement of the trial, at the stage of  
filing a statement of claim, or at the stage of trial 
(Derevyanko, 2022; Cortés, 2022).

In the contemporary context, a range of alternative 
mechanisms are available to protect the rights of 
business entities in Ukraine, including negotiations, 
mediation, and arbitration. It is evident that this  
list is subject to constant augmentation.

The scientific literature suggests that, taking into 
account the experience of certain EU Member States 
and other developed countries, it is possible to  
propose in Ukraine: (1) to establish state centres 
that will provide services on the use of alternative 
methods of protecting the rights of business entities;  
(2) to develop a programme for supporting the above-
mentioned centres in terms of conducting activities 
aimed at promoting alternative methods of protecting 
their rights among Ukrainian business entities,  
especially those affected by Russia's aggression;  
(3) to introduce an electronic platform through 
which business entities and ordinary citizens, 
especially those affected by Russian aggression, 
could resolve disputes in a pre-trial procedure, using 
alternative means of protection of rights, and so forth;  
(4) to extend the jurisdiction of the International 
Commercial Arbitration at the Ukrainian Chamber 
of Commerce and Industry to disputes between  
Ukrainian business entities (Derevyanko, 2023).

It is important to note the potential for the  
protection of economic rights at the transnational 
level, a concept associated with the field of cyber law 
(Internet Law). This is a body of law that is based on 
digital technologies, including in the formation of  
the economic sphere.

As R. Ambrogi notes: "The Internet has created 
its field of law. Internet law is a dynamic, flexible and 
unexplored area of practice where the rules have  
not yet been finalized. It is not even a separate branch 
of law, but a mixture of theory and practice taken 
from different areas – a mishmash of parts taken from 
intellectual property, civil liberties, tort, criminal, 
property, telecommunications, international trade, 
commercial and conflict of laws." (Ambrogi, 2004)

The advent of this branch of jurisprudence has 
precipitated a marked augmentation in the proliferation 
of non-governmental institutions for the resolution 
of disputes, encompassing online proceedings, 
ADR procedures, and other such instruments.  
The present day sees the phenomenon of supranational 
commercial arbitration attract interest not only from 
legal professionals but also from sociologists, who 



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observe in its example how private entities unite and 
develop their system of commercial dispute resolution 
and their own set of arbitration rules, a process 
which is increasingly authorised by states. That is, as  
A. Riles notes, arbitration is a kind of analogue of 
national law, an alternative to national law with  
all the functional elements of national law:  
a set of rules, a set of procedures, a set of problems 
(disputes) (Riles, 2008).

7. Conclusions
The specificity of economic human rights and 

freedoms, which determines the originality of their 
legal nature, as well as the immanent connection  
of this group of rights with the real conditions of the 
economic state of society, determine the essential 
features of the means of their guarantee, the mechanism 
of their implementation and forms of protection.

The mechanism of judicial protection of economic, 
human and civil rights is a procedure established by 
law for the implementation by competent entities of 
a set of measures aimed at compulsory prevention 
of non-compliance with economic rights and 
freedoms, removal of obstacles to their realisation and  
restoration of rights already violated.

Constitutional justice is regarded as the most 
significant institution for the protection of economic 
rights of individuals and legal entities of the state.  
The prevailing doctrinal perspective asserts that the 
function of constitutional jurisdiction in safeguarding 
economic rights is contingent upon the fact that the 
CCU does not undertake a review of normative acts 
for their legality, but rather for their constitutionality.  
This is a higher order phenomenon that ensures the 
direct effect of the Constitution of Ukraine.

The protection of fundamental economic rights 
of a person and a citizen within the framework of the 

relevant type of legal proceedings is based on the general 
principles of legal proceedings, which, in turn, are 
periodically improved in the process of constitutional 
justice depending on the prevalence of private or  
public interest in the development of economic  
relations of the country.

The specific features of judicial protection  
of economic rights and freedoms are as follows: the 
initiative nature of the actions of subjects to exercise 
their right to judicial protection; the existence  
of a pre-trial dispute resolution procedure; the 
non-alternative obligation to confirm the existence 
of monetary (property) obligations with written  
evidence by the provisions of procedural law on the 
admissibility of evidence; and the peculiarity of the 
procedure for the enforcement of economic judgments.

An independent form of protection of economic 
rights and freedoms is out-of-court (alternative) 
protection, which significantly influences the choice, 
conditions and characteristics of protection of rights of 
subjects of economic relations. This form of protection 
is characterised by time savings in the settlement of 
disputes, cost savings, the possibility of preserving 
relations between the parties to legal relations, 
maintaining the confidentiality of the case, flexibility 
of the protection process, restoration of rights, a wide 
range of agreements in the process of protection of 
rights.

The concept of establishing a dedicated, 
decentralised system for resolving disputes in the 
domains of commercial and digital technologies at 
the supranational level, within quasi-judicial entities, 
has recently witnessed a notable increase in its level 
of acceptance and support. Nevertheless, despite the 
simplicity and effectiveness of this dispute resolution 
technology, a number of organisational, procedural and 
procedural issues remain unresolved, which prevent 
their widespread use.

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Received on: 20th of March, 2025
Accepted on: 23th of April, 2025
Published on: 20th of May, 2025