Açıqlama:

This article examines the constitutional and legislative challenges to the protection and development of free entrepreneurship in the Republic of Azerbaijan. Despite significant reforms, discrepancies in the Constitution and inconsistencies among legislative acts continue to impede entrepreneurial activity. The article identifies key issues, including the narrow scope of state regulation grounds under Article 59 of the Constitution, the lack of explicit recognition of commercial freedom of expression, and the absence of constitutional guarantees for legal entities. It also highlights inconsistencies in laws such as the Law on Entrepreneurial Activity, Civil Code, and Tax Code, which hinder the effective implementation of entrepreneurial rights. Drawing on good practices from countries such as Poland, Spain, Kazakhstan, and others, the article emphasizes the need to establish an Entrepreneur Ombudsman in Azerbaijan to enhance the protection of entrepreneurial rights. The recommendations aim to strengthen the legal framework, ensure consistency across laws, and improve the overall entrepreneurial environment in Azerbaijan.