The Constitutional and Legal Basis for Information Society Development in Ukraine

  • V. Shemchuk

    Ph.D in Law, Deputy Chairman of the Qualifications and Disciplinary Commission of Public Prosecutors, Kyiv, Ukraine

Keywords: information societies, constitutional principles, legal framework, information and communications technology, information sovereignty, information space

Abstract

The article deals with constitutional principles, legal basis formation and development of the information society. Special attention pаid views of the scholars of the nature and essence of this category, her relation with the national information space, a global information space, the information civilization. Selected the existence of objective conditions or the foundations of the existence of the information society: organizational, economic; technologic; legal. The latest include the laws and other normative legal acts, regulating the human right to information, access to public information, information resources, technology, telecommunications, intellectual property protection, privacy, freedom of speech, information security, etc. At the level of the Constitution of Ukraine practically is mentioned for informational society. Instead, according to the Article 17 of the Constitution of Ukraine «With the protection of sovereignty and the territorial integrity of Ukraine, ensuring its economic and information security are the most important functions of the State, the case of the Ukrainian people». Changes according and other provisions of the Constitution, in particular Article 32, 34, 50, according to which everyone has the right freely to collect, store, use and disseminate information orally, in writing or in another way – at your choice; is allowed to collect, storage, use and dissemination of confidential information about a person without her consent, except in cases specified by law, and only in the interests of national security, economic welfare and human rights. Study of the constitutional and legal foundations of the information society in Ukraine demonstrates their narrow understanding of the limited scope of the rights and freedoms that are implemented through the media, the openness of the authorities power, access to public information. Only in recent years legislators pay attention to information security, kìbersecurity. In the conditions of the present worth of talk and of State information policy, information sovereignty, national information space, national information law. These categories also have to get a proper constitutional rights.

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Author Biography

V. Shemchuk

Ph.D in Law, Deputy Chairman of the Qualifications and Disciplinary Commission of Public Prosecutors, Kyiv, Ukraine


Abstract views: 132
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How to Cite
[1]
Shemchuk, V. 1. The Constitutional and Legal Basis for Information Society Development in Ukraine. Scientific Herald of the National Academy of Internal Affairs. 108, 3 (1), 133-144.
Section
Legal regulation of law enforcement