scholarly journals International Documents and National Legislation of Ukrainian Regulation of the Right for Journalists Freedom of Speech

Author(s):  
Tetiana Prystupenko

The relevence of the study of the issue related to the right to freedom of speech of domestic journalists in the context of international documents and national legislation of Ukraine in this area is caused by the necessity of applying international standards in the real activities of media representatives and development of effective state information policy in this direction. The objective of the research is to ascertain the current state as to protection of the right to freedom of speech of Ukrainian journalists, its interrelation with the program activities in this direction of influential international organizations, national legislation in the conditions of European choice of Ukraine. The study is based on the Concept of national strategy on human rights, the domestic legislative experience in protecting the right to freedom of speech of media representatives and its practical implementation, the global information activities of UN / UNESCO in this context. The situation concerning restriction of freedom of speech in Ukraine, the rights and freedoms of journalists and other democratic values takes place contrary to the norms and provisions of the Constitution of Ukraine, other legislative acts of the state as well as international documents ratified by Verkhovna Rada of Ukraine.

2021 ◽  
pp. 166-181
Author(s):  
R. Chernysh ◽  
L. Osichnyuk

The article examines the possibility of restricting the right to freedom of speech in order to protect the national interests of the state. An analysis of normative legal acts prohibiting the dissemination of destructive information, such as calls for a violent change in the constitutional order of Ukraine, the outbreak of aggressive war, incitement to national, racial or religious hatred, etc. The right to freedom of expression is not absolute and may be limited. The article substantiates the criteria for state intervention in the information sphere, which allow limiting the dissemination of destructive information and preserving democratic values. Such criteria include the legality of the procedure, the legality of the purpose and the minimum amount of intervention. The article considers the existing mechanisms in Ukraine to respond to harmful informational influences. The law provides for liability for disseminating false information at several levels: civil, administrative and criminal. At the same time, these mechanisms are insufficient, as the concepts of «misinformation», «fake», etc. are not normatively defined. The article describes the state policy to combat destructive information influence. The bases of activity of state bodies created for the purpose of counteraction to dissemination of misinformation and propaganda are considered, namely the Center of counteraction of misinformation at Council of National Security and Defense of Ukraine and the Center of Strategic Communications and Information Security at the Ministry of Culture and Information Policy. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered. The strategies of the state on counteraction to harmful information influence are analyzed. The Doctrine of Information Security of Ukraine is considered, which clarifies the basics of the state information policy in the direction of counteracting the destructive information influence of the Russian Federation in the conditions of the hybrid war unleashed by it. The main provisions of the Information Security Strategy, which defines the general principles of information security, are also considered.


Author(s):  
Halyna Pryshliak ◽  

Numerous ideological dogmas and "propaganda struggles" over human rights, which took place for decades, did not make it possible to realistically comprehend and solve the problems of individual rights in Soviet society in full, according to a certain level of progress,say in the European Union. Such dogmas include the assertion that only socialism is able to fully guarantee human rights, that the main socio-economic rights for man and his freedom. Thus, freely or not, political and personal, spiritual and human rights, and even more so, environmental ones were underestimated. Unfortunately, this view reflected the actual practice in the former USSR and other former socialist countries. In the field of political, spiritual and personal rights and freedoms, there were quite a few forbidden topics, and environmental ones were not singled out at all. At the same time, competent jurists, both during the years of stagnation and during the so-called perestroika, consistently developed and defended the idea of human and civil rights. The article considers the problem of realization of human and civil rights and freedoms and guarantees of observance of international standards of ecological human rights in the national legislation. Emphasis is placed on the implementation of international norms in the field of human rights and freedoms in the practice of national legislation. It is proposed to supplement the current legislation with the right of citizens and their associations to control the bodies of state power and local self-government in the environmental sphere. It is concluded that problems with the realization of environmental rights and freedomsin Ukraine, unfortunately, exist. The level of theirimplementation islow, therefore, it can be stated that the level of efficiency is also low. In addition, it should be noted that citizens' awareness of the full range of their environmental rights and freedoms, which are enshrined in the Constitution of Ukraine, and their continued application, will lead to their implementation at the appropriate democratic and legal level.


2021 ◽  
Vol 6 (3) ◽  
pp. 21-28
Author(s):  
Shakhzod Saydullaev ◽  
◽  
Rustamboy Rustamov

This article focuses on the ongoing reforms in the Republic of Uzbekistan to ensure human rights and freedoms in recent years. It also analyzes the recommendations of international organizations in order to further ensure the right to freedom of speech in our country. It also reveals the need to liberalize criminal penalties for defamation and insult in the legislation of the Republic of Uzbekistan. Proposals and recommendations were put forward for improving legislation based on studying the experience of advanced foreign countries


2021 ◽  
Vol 9 (4) ◽  
pp. 99-127
Author(s):  
Gennadi Tolstopyatenko ◽  
Stanislav Ageev

This article is devoted to the roots of material and procedural legal problems arising in the course of the automatic exchange of information between the European Union (EU) and Russia. This matter is topical since automatic exchange of information is a method of cooperation between tax authorities from different countries that is new and rapidly developing. From our point of view, it is high time to discuss some of the legal problems that are inherent in automatic exchange of information. As far as we can see, the fundamental problems are: (1) th problem of choosing an appropriate legal basis for automatic exchange of information and (2) the problem of the international standards for automatic exchange of information developed by the Organisation for Economic Co-operation and Development (OECD) being implemented to differing extents in the national legislation of different countries. In this article we suggest ways of solving the aforementioned problems in order to make automatic exchange of information between the EU and Russia more comfortable at the intergovernmental level. The solution of these problems will help to concentrate on another issue – the problem of protecting taxpayers’ rights, primarily the right to confidentiality, which is beyond the scope of this article but still very important in the light of the enhancement of global tax transparency.


2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Lidiya Kotlyarenko ◽  
◽  
Nataliia Pavlovska ◽  
Yuliia Komarynska ◽  
Olha Nesen ◽  
...  

Modern globalization and integration of international norms into the national legislation offers new challenges and priorities for the transposition of international standards into forensic activities of Ukraine. The study of foreign practice of regulating forensic activities provides new opportunities to improve the quality and professional competence of forensic examinations conducted by respective institutions. Successful accession to the European community is dependent on internal democratic development, achieving new quality of society, and irreversible democratic transformations in all spheres of social life.


Author(s):  
Inesa Shumilo ◽  
◽  
Kateryna Ivchuk ◽  
Oleksandr Cherniavskyi ◽  
◽  
...  

The article is devoted to the problem of international legal regulation of returning the cultural assets to the country of origin. The authors analyze the stages of the institution for the protection of cultural values development at the national and international levels. The article examines the system of international treaties that constitute the legislative framework of interstate cooperation in the field of returning cultural assets, the role of the UN, UNESCO and other international organizations in creating effective mechanisms for resolving disputes around returning cultural heritage items. The authors pay special attention to the case of Ukraine's claim to the University of Amsterdam on their turn of museum exhibits of the Scythian Gold exhibition, which was organized in the Netherlands under an agreement between the Ukrainian side and the Allard Pearson Museum in early 2014. The paper analyzes the acts of international organizations and national legislation of Ukraine on the consequences of the occupation of the Crimean Peninsula by the Russian Federation, and analyzes in detail the provisions of the loan agreement, which served as a basis for demonstrating the assets of Ukrainian museums at an exhibition in the Netherlands. The authors critically analyze the arguments of the Crimean museums located on the territory uncontrolled by Ukraine, about having "the right of operational management" for the exported exhibits and provide convincing evidence confirming the ownership of Ukraine for all the temporarily exported museum values. Based on the analysis carried out, the authors come to the conclusion that the international standards for the protection of cultural assets and effective mechanisms for their return to their rightful owners have been developed by the joint efforts of the international community in the twentieth century. The current provisions of international public law and the national legislation of Ukraine, chosen as a result of conflict of legal regulation, give solid grounds to assert that Ukraine is the rightful owner of all museum assets of the exhibition "Scythian gold".


Author(s):  
Tetiana Kostetska

The article purpose is to highlight the issue of improving the theoretical and legal foundations of state information policy in mo -dern conditions, to formulate some conceptual foundations of its essence, content as a complex legal institution. And also to deepen thedoctrinal grounds of modern unitarism as a constitutional and legal institution.Some aspects of the influence of the state-territorial organization form on the implementation of state information policy are considered.The need to develop a fundamentally new strategy for the entry of Ukrainian society into the cross-border space, integration intointernational telecommunications networks, development of international standards of information exchange and information protectionis emphasized.The expediency of developing a new paradigm of state information policy, its legal regulation is substantiated.Attention is paid to the relations between state information policy and state information function.Deficiencies in the formation and implementation of the national state information policy are analyzed separately. These are: theactual lack of information relations in many areas, including countering information wars against Ukraine.It is said about the lack of a systematic and comprehensive approach to regulatory and legal support of information policy measuresand other shortcomings of the modern state policy strategy.Based on the analysis of the current legislation provisions , special literature, attention is paid to the problems of the conceptualand categorical apparatus of the researched subject, the need for its improvement.In particular, it is an analysis of the content of such key categories as “state information policy”, “information sphere”, “nationalinformation space”. Methodological approaches to the essential characteristics of these concepts differ both in domestic special literatureand in foreign. This issue has extremely practical significance.


2017 ◽  
Vol 6 (1) ◽  
pp. 1-11
Author(s):  
Bekim Kadriu ◽  
Ylber Sela

The use of Albanian language as official language in Macedonia has been a challenge especially after the Ohrid Framework Agreement (OFA) in 2001. Before 2001, Albanian language was defined as an official language and was used only in private matters as well in primary and secondary education. With the OFA and Constitutional changes in 2002, the language that is spoken by 20% of the population in the country was defined as an official language, but it’s application in practice was left to be regulated by e specific law. The law was adopted in 2008, 6 years after the constitutional changes. Now there is a new law proposed, which is supposed to regulate in more efficient way the use of Albanian language as official language in Macedonia. With this paper the authors are trying to answer some legal questions that has been debated in the country: firstly, is Albanian language official language and whether it is of a same level of application as Macedonian language; secondly, what are the novelties of the new draft law, and how the use of Albanian language is improved and advanced; thirdly, what are the practical challenges for the implementation of the new draft law. The authors of the paper will refer to international standards on use of languages as well as to relevant national legislation, as a tool to compare the new draft law in Macedonia.


Author(s):  
Д. В. Андреев

В статті розглядаються проблемні питання взаємодії влади та суспільства за допомогою механізмів соціально-правових комунікацій, які у свою чергу досліджуються з позиції від­повідності правовим ідеалам. Особлива роль у цьому процесі відводиться засобам масової інформації, функції яких варіюються від забезпечення свободи слова до «сліпої» реалізації державної інформаційної політики. Водночас пропонуються новітні (транзактні) моделі ко­мунікацій, що в змозі нівелювати диктат влади над публічною сферою і, відповідно, розвит­ком громадянського суспільства.   The article considers the issues of interaction between the authorities and society through mechanisms of socio-legal communications, which in turn are investigated from the perspective of compliance with legal ideals. A special role in this process is seen in the media, whose functions range from ensuring freedom of speech to "blind" implementation of the state information policy. However, the latest (transaction) models of communication are offered, which are able to neutralize the dictates of the authorities over the public sphere and, accordingly, over the development of civil society.


2020 ◽  
pp. 76-81
Author(s):  
Maria Sokhan

Problem setting. In modern socio-economic conditions, the problem of social protection of persons with family responsibilities becomes especially relevant. In the process of life of families with minor children, there are a large number of social risks, including disability, illness, poverty, child support alone, etc., which requires the state to develop and adopt qualitatively new social programs aimed at protection of the given subject of the right of social security from adverse consequences of such risks. Analysis of recent researches and publications. In social security law, issues related to the right of persons with family responsibilities to social protection have not gone unnoticed by researchers and are among a number of important theoretical developments in this area. In particular, attention was paid to this issue M. I. Polupanov, V. S. Shaikhatdinov, O. G. Azarova, E. I. Astrakhan, T. I. Ivankina, V. D. Novikov, I. A. Vetukhova, L. B. Kulachok, O. M. Yaroshenko and other lawyers. Target of research – is to analyze the world experience on the right of persons with family responsibilities to social protection and the possibility of its application in Ukraine. Article’s main body. There is still no single international act that establishes standards for the social protection of persons with family responsibilities. In this regard, we can say that the general principles and characteristics relating to social protection of this category of persons, and adopted in order to achieve the optimal level of order in this area of public relations, are governed by a number of international legal acts enshrining fundamental rights persons in the field of social protection and determine the standards of their implementation, the basics of social protection of motherhood as a state that gives the right to care and assistance from the state and society, as well as the principles of social protection of the family to which necessary protection and assistance so that it can fully commit itself to educating the younger generation. Conclusions and prospects for the development. Summing up the above, it was concluded that the study of international documents allowed to determine the degree of their impact on national legislation and sources of social security law. For Ukraine, bringing national legislation in the field of social protection of persons with family responsibilities in line with international standards in this area is an important and necessary step. Therefore, at the current stage of development for Ukraine, the priority is to create a regulatory framework to protect the rights and freedoms of persons with family responsibilities, which would fully meet international standards and ensure the implementation of these rights and provide a mechanism to protect them in case of violation. As for compliance with international standards today, we can note the following: a) in order to create conditions for regulatory and legal support of state policy regarding persons with family responsibilities in Ukraine adopted a number of regulations; b) to promote the gender interests of working men and women, the current legislation of Ukraine has been streamlined in accordance with the main provisions of the ILO Convention 156 on Equal Treatment and Equal Opportunities for Men and Women Workers: Workers with Family Responsibilities


Sign in / Sign up

Export Citation Format

Share Document