CONSTITUTIONAL FIXING OF LEGAL WARRANTY OF ACCESS TO PUBLIC INFORMATION IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
The article is devoted to the coverage of the actual problem of constitutional law – the definition of legal guarantees of human rights enshrined in the Constitution of Ukraine. The paper reveals the following issues: what is a legal guarantee of the rights and freedoms of man and citizen, what system have these guarantees, what legal guarantees. In addition, what legal guarantees are the constitutionally enshrined human rights and citizen’s access to public information? Legal guarantees of the right to access public information begin with their constitutional consolidation, which dictates further legislative regulation. The constitutional determination of information rights in the context of the duty of the authorities and their officials, including the legislator, to act on the basis of the Constitution of Ukraine, as well as in the context of Art. 92 on the determination of human rights and guarantees by the laws of Ukraine, constitutes a constitutional guarantee of legislative regulation of existence and the exercise of these rights. The paper noted that the problem of legal consolidation of legal guarantees of the right to public information is extremely relevant for Ukraine. It includes two assemblies. The first is related to the definition of the content and scope of the rights to public information in the law, and the second aspect – with the legislative regulation of the process of implementing these rights. Only in the presence and real functioning of these elements, we can say that there are legal guarantees of the right to public information in the state. It is concluded that the Constitution of Ukraine establishes a number of guarantees of human rights and citizen’s access to public information, however, they are not sufficiently clearly defined and only in the process of their legislative detail, they acquire a more specific expression. The specification of constitutional guarantees at the level of the law was carried out in the basic law of the public sphere «On access to public information», which was adopted on January 13, 2011.
Authors and Affiliations
Є. П. Тептюк
Keywords
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