The research is devoted to the study of the realization of the constitutional right to freedom of thought and speech, freedom of expression of one`s opinions and beliefs.
Existing in legal science approaches to the definition of the right to freedom of thought and speech, freedom of expression of one`s opinions and beliefs have been analyzed, that has allowed to formulate the author's definitions of such concepts: the constitutional right to freedom of thought and speech – is a state guaranteed ability to freely express or not express orally, in writing, in print one's own point of view, ideas about truth (objective, absolute, relative); the constitutional right to freedom of expression of one`s opinions and beliefs – is a state guaranteed ability to freely express or not express one's own opinions and beliefs in any way other than oral, written or printed.
It has been established that the essence of the constitutional right to freedom of thought and speech, freedom of expression of one`s opinions and beliefs lies in the freedom to publicly express one's own attitude about truth (objective, absolute, relative).
The signs and the essence, structural elements of the investigated right are revealed, as well as the boundaries of its realization are defined, the conditions for legitimacy of the restriction of its realization are clarified and characterized. The standards of the European Court of Human Rights have been identified and characterized in the area of the right to freedom of thought and speech, freedom of expression of one`s opinions and beliefs, their classification has been carried out. The concepts have been clarified and the structural elements of the constitutional and legal mechanism of exercising the right to freedom of thought and speech, freedom of expression of one`s opinions and beliefs have been identified. The constitutions of the European countries are classified according to the following criteria’s: by the object of protection; whether the right to freedom of thought is enshrined as an independent subjective constitutional right or as a structural element of another subjective constitutional right; by enshrining forms of expression and/or ways of spreading opinions/thoughts; by the way of regulating the right to freedom of thought and speech, freedom of expression of one`s opinions and beliefs. The following proposals and recommendations have been developed to improve the legislation of Ukraine: 1) to bring the Ukrainian translation of the Universal Declaration of Human Rights (Article 19), the Convention on Human Rights and Fundamental Freedoms (Article 10) into line with their official texts; 2) adopt a special law - the Law of Ukraine «On the Right To Freedom Of Thought And Speech, Freedom Of Expression Of One`s Opinions And Beliefs», in which: 1) define the basic terms and concepts in accordance with Article 34 of the Constitution of Ukraine; 2) define clear conditions and criteria’s, under which restrictions, set out in part three of Article 34 of the Constitution of Ukraine, may apply; 3) set out the conditions of lawfulness restrictions on the realization of the constitutional right to freedom of thought and speech, freedom of expression of one`s opinions and beliefs: legitimacy, legitimate aim, necessity in a democratic society.
