The article examines the problems of legal regulation of business activities after the adoption of the Civil Code of the Republic of Tajikistan. It is noted that the exclusion of the concept of “entrepreneurial activity” from the Civil Code as a whole is not a gap in the legislation of the Republic of Tajikistan, but indicates the uncertainty of its legal regulation in the Civil Code itself. In the legislation of the Republic of Tajikistan, the concept of “entrepreneurial activity” is given in other legal acts, in particular in the Law of the Republic of Tajikistan “On the protection and state support of entrepreneurship.” Exclusion from the Civil Code of the concept of “entrepreneurial activity” not only excludes the idea that the Civil Code plays the role of “constitutional economics”, but also the idea that business law is part of civil law. This situation requires the adoption of the Business Code of the Republic of Tajikistan. This situation requires the adoption of the Entrepreneurial Code of the Republic of Tajikistan. At the same time, recognition in Art. 19 of the Civil Code, “the right to engage in entrepreneurial activity” as part of a citizen’s legal capacity is not only an important innovation in the civil legislation of the Republic of Tajikistan, but also requires its specific establishment in the Constitution of the Republic of Tajikistan as an integral part of the rights and freedoms of a citizen.
civil code, civil legislation, entrepreneurial code, entrepreneurial legislation, law, civil law, civil legal relationship, entrepreneurial legal relationship, entrepreneurial activity
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