The Balance Between Civil Rights and Economic Freedom

International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 1 The Balance Between Civil Rights and Economic Freedom Eshanova Dauletbike Ametbekovna Doctor of Law ( PhD ) Acting Associate Professor of the Department of Civil Law, TSUL Abstract This article examines the relationship between civil rights and economic freedom as key categories of the rule of law. It considers the need to establish a fair balance between freedom of economic activity and the protection of individual civil rights. It analyzes the legal positions of the Constitutional Court, international standards, and doctrinal approaches to the problem of restricting freedom of enterprise in the public interest and protecting private rights. It concludes that an optimal combination of civil and economic freedoms is a prerequisite for the sustainable development of the rule of law and a fair market. A modern state governed by the rule of law rests on two interrelated pillars: individual civil rights and economic freedom. The former expresses human autonomy and dignity, while the latter emphasizes the ability to freely pursue economic initiative. However, these categories do not always align in their objectives: the exercise of one person's economic freedom may conflict with the rights of other participants in civil transactions or with public interests. Finding the optimal balance between civil rights and economic freedom is a complex task not only for law enforcement but also for legislators. The effectiveness of civil transactions, social justice, and trust in state institutions depend on how well this balance is maintained. The balance between civil rights and economic freedom is not a static state, but a dynamic relationship that changes depending on the level of societal development, the economy, and legal awareness. An excess of freedom without legal restrictions leads to social inequality, while excessive state control stifles initiative and innovation. The optimal model is a legal order in which freedom is guaranteed by responsibility, and responsibility is based on freedom. The balance between civil rights and economic freedom is a harmony between personal freedoms, such as the right to life and privacy, and the individual's ability to independently choose a career, own property, and engage in entrepreneurship. Achieving this balance is essential for building a just and prosperous society. 1. Civil Rights as the Foundation of Personal Autonomy. Civil rights are traditionally understood as a set of opportunities that ensure an individual's freedom of choice, inviolability of person, property, and privacy . International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 2 According to Article 21 of the Constitution of the Republic of Uzbekistan, human rights and freedoms are the highest value and may be limited only by law for the purpose of protecting other rights or public order. Of particular importance is the principle of equality of subjects of civil law and freedom of contract, enshrined in the Civil Code. It allows participants in economic activity to independently determine the terms of their interactions, but at the same time imposes responsibility for preventing abuse of rights. Thus, civil rights form the normative framework within which economic freedom is realized. They serve not only as a guarantee of individual autonomy but also as a mechanism for limiting the excessive exercise of economic power. 2. Economic Freedom as an Element of the Rule of Law. Economic freedom is a legal category reflecting the right of citizens and legal entities to freely engage in entrepreneurial and other economic activities not prohibited by law. In accordance with Article 53 of the Constitution of the Republic of Uzbekistan, the state guarantees freedom of economic activity, entrepreneurship, and labor. However, economic freedom is not absolute. Its implementation must take into account not only market mechanisms but also the principles of social justice, competition protection, and consumer rights. Economic activity that violates the rights of others contradicts the very essence of the rule of law. Consequently, economic freedom is inextricably linked with legal regulation, which sets the limits of acceptable behavior in the marketplace. Without such regulation, freedom can degenerate into arbitrariness, and the market can become a sphere of dominance for the strongest. The category of "freedom of economic activity" possesses many facets, both in legislative and doctrinal terms. It represents a constitutional and legal principle; a constitutional, economic, and subjective human right; and, in a systemic sense, a legal category encompassing a diversity of types and forms of economic activity, serving as the basis for defining individual modes of implementation, establishing the limits and restrictions of the right to engage in economic activity. 3. The Problem of the Relationship between Civil Rights and Economic Freedom. The conflict between civil rights and economic freedom arises in situations where economic gain clashes with the need to respect personal and social rights. Examples include restrictions on monopolistic activity, regulation of adhesion contracts, consumer protection, and the protection of personal data for commercial purposes. Academic literature distinguishes two approaches: liberal economic and socio-legal. The former prioritizes freedom of contract and minimal government intervention, while the latter emphasizes the need to protect weak market participants. The experience of developed legal systems shows that sustainable development is only possible with a synthesis of both approaches. The state must ensure freedom of enterprise while actively protecting public interests and civil rights. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 3 List of references 1. Constitution of the Republic of Uzbekistan. – Tashkent, 2023. 2. Civil Code of the Republic of Uzbekistan. – Tashkent, 2024. 3. Universal Declaration of Human Rights (1948). 4. European Convention for the Protection of Human Rights and Fundamental Freedoms (1950). 5. Resolution of the Constitutional Court of the Russian Federation of April 22, 2013 No. 8-P. 6. Khabrieva T. Ya., Chirkin V. E. Theory of the modern constitution. – Moscow, 2019. 7. Bratus S. N. Subject and system of Soviet civil law. – Moscow, 1963. 8. Posner R. Economic Analysis of Law. – Boston, 2014. 9. OECD Guidelines for Multinational Enterprises. – Paris, 2021.