Stovpets, O., Kukshynova, O., & Stovpets, V.
Contemporary constitutional principles and mechanisms of realization of human rights and freedoms in the information realm in Ukraine. |
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Full Article: PDF
Scientific Object Identifier: http://s-o-i.org/1.1/TAS-08-100-49
DOI: https://dx.doi.org/10.15863/TAS.2021.08.100.49
Language: English
Citation: Stovpets, O., Kukshynova, O., & Stovpets, V. (2021). Contemporary constitutional principles and mechanisms of realization of human rights and freedoms in the information realm in Ukraine. ISJ Theoretical & Applied Science, 08 (100), 267-272. Soi: http://s-o-i.org/1.1/TAS-08-100-49 Doi: https://dx.doi.org/10.15863/TAS.2021.08.100.49 |
Pages: 267-272
Published: 30.08.2021
Abstract: The article draws an attention to the analysis of specific juridical mechanisms that exist in the Ukrainian legislation, in relation to different types of information rights and freedoms, and the possibilities of their realization. The spectrum of informational rights and freedoms in Ukraine, and their fixation features in the Ukrainian legislation are studied. There are contradictory aspects in the mechanisms of realization of informational rights, and such contradictions may arise at the intersection of liberal freedoms and national security issues. The general conclusion is that it's not enough to make a list of rights and freedoms regarding information, its circulation, use, consumption, managing, protection, and so on. There's an obvious need to provide a set of appropriate mechanisms, in order to make all these rights available. Judicial protection is defined in the constitutional legislation of Ukraine as a self-sufficient mechanism for ensuring human rights and freedoms. Simultaneously, it is only one of the elements in the system for ensuring these rights. Taking into account the need of implementation of constitutional guarantees, it's impossible to ignore the primary role of the state executive bodies and local self-government. Everyday activities of these bodies must create necessary conditions for citizens to fulfill their rights and legal interests in the information realm. The realization of human and civil rights and freedoms takes place through the channels of executive power, in cooperation with civil institutions. And the judicial protection is applied in cases where a violation of the law has already occurred, while the main task of the executive branch of state power is to create conditions under which such violations will not occur, or will be minimized.
Key words: information, law, Ukraine, constitutional principles, human rights and freedoms, legal mechanisms.
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