The problems of legislative definition of separate concepts in the context of the constitutional right to information
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The articles aim is a critical analysis of certain concepts, law definitions in the sphere of constitutional right to information and institute of access to public information, disclosure of the shortcomings of existing norms, making proposals concerning improvement of the con- ceptual device in the studied area. It is claimed that creating a single and correct conceptual device is an important step towards providing comprehensive constitutional right to information, including the right of access to public, socially significant information. It is emphasized that these problems partic- ularly relevant arisen due to the conceptual innovations of the new version Law of Ukraine “On Information” and to the approval Law of Ukraine “On Access to Public Information” of 13 January 2011. In comparative aspect were studied constitutional rules and regulations of the new Law of Ukraine “On Information” in terms of improving the statutory right of everyone to informa- tion. Substantiates expediency clarifying the definition of the right to information. The conclusion of inconsistency and illogicality actions of the legislator in the updated formulation of the right to information, which does not correspond common scientific inter- pretation of the content of the right to information and to constitutional recognition of its structure. It is criticized the lack of regulatory disclosure of the basic types of information activities contents. The ways to overcome existing shortcomings indicated. Specifies that building a law-based guiding idea the constitutional right of everyone to information that is missing in the new version, if only strengthened its role as such, which defining the fundamental principles of implementation of information provision activities in Ukraine in the all areas of social and public life. The author pays attention to other problems of categorical and conceptual device of the current law; considers the definition of the concept of “information” normative definition of certain types of information, analyzes some problematic issues of its legislative interpretation. It is noted in the article about the formation in the literature of modern understanding of con- cepts and other information derived from that category, concepts. It is substantiates the expe- diency of introducing amendments to current, relatively new legislation
Authors and Affiliations
Tetiana Kostetska
Keywords
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