Constitutional foundations of social entrepreneurship in Russia

The article deals with the provisions of the Constitution of the Russian Federation, as amended in 2020, related to entrepreneurship in General and social entrepreneurship, in particular. It is shown that business activity as an element of human rights and freedoms is regulated in the Basic law as the highest value, the recognition, observance and protection of which is the duty of the state according to the Constitution. It is concluded that the constitutional ban on propaganda and agitation that incite social hatred and enmity means the rejection of the Soviet approach to entrepreneurs as «class enemies», subject to conviction and criminal prosecution. Moreover, the provision of the Constitution guaranteeing the provision of social partnership, economic, political and social solidarity is among the novelties of 2020. In this case, social entrepreneurship plays a key role, since it combines the extraction of profit with the care of socially vulnerable segments of the population. Social entrepreneurship is understood in the work as one of the characteristics of the social state, whose policy is aimed at creating conditions that ensure a decent life and free development of a person. The article considers the freedom of entrepreneurial activity, which follows from the constitutional norm on the right to freely use one's abilities and property for entrepreneurial and other economic activities not prohibited by law. Therefore, the main provisions of civil law include freedom of contract, the inadmissibility of arbitrary interference in private Affairs, and the need for unrestricted exercise of civil rights. In this regard, it is stated that small and medium-sized businesses, if they intend to acquire or maintain the status of a social enterprise, must act in conditions of voluntary restriction of their freedom of activity in areas related to meeting the needs of socially vulnerable segments of the population. The protection of property rights proclaimed in the Constitution is particularly relevant for business, since it concerns its property base. Special attention is paid to the wording of this rule, which refers to the recognition and equal protection of private, state, municipal and other forms of property. In conclusion, it is concluded that a separate legislative regulation of social entrepreneurship is appropriate.

Social entrepreneurship, law, state support, freedom, restrictions, unfair competition, protection of property rights, state control and supervision