A monographic complex analysis of general theoretical aspects of freedom of expression of human views as a natural and legal phenomenon has been made in the thesis for the first time.
The theoretical and legal basis of freedom of expression as a natural human right is analyzed, in connection with which the phenomenon of views is considered as one of the important elements of human consciousness. The author's definition of freedom of expression as a natural human right is formulated as an opportunity of a person to express in any form their attitudes of a probabilistic nature towards present, past and future phenomena, processes, events and facts or to make their evaluation.
The types of freedom of expression as natural human rights are singled out, its structure and relations with other related natural human rights (with freedom of worldview, freedom of expression, freedom of religion etc.) are revealed.
It is noted that the content and structure of the freedom of expression are most fully reflected in the main international human rights instruments which embody the main achievements of mankind of all time.
It is stated that information rights (the possibility to search, receive, distribute, transmit any information and ideas) is an integral part of the structure of freedom of expression as a natural human right. They have double subordination – they relate either to the right to form their views or to the right to express them. The possibilities for searching, receiving information and ideas form the basis of freedom of view formation. Freedom of expression is ensured through the distribution, transfer of information and ideas. It is proposed in the international human rights instruments to proclaim not only the freedom of expression of one’s views, but also the freedom to form them.
The meaning, types of forms and ways of expression of human views are revealed. Media has been characterized as the most effective way to exercise freedom of expression.
The complex theoretical and legal analysis of universal and European international legal guarantees of the provision of freedom of expression was made and suggestions for their improvement were formulated. In order to increase the level of international legal protection of freedom of expression at the universal and European level, it is proposed that both the United Nations and European intergovernmental organizations should adopt special legislative documents on freedom of expression. These documents should be of a legally binding nature.
It is stated that the subjective legal right to freedom of expression in accordance with the legislation of Ukraine consists of the following elements (modalities): adhere to one’s own views; freely express one’s opinions (which in turn embraces the right to collect, search, receive, fix, retain, store, use, distribute any information and ideas, except in cases determined by law). It is therefore proposed: 1) to reflect the indicated possibilities as structural elements of the subjective legal right to freedom of expression in the Constitution of Ukraine; 2) to complement the structure of freedom of expression as a subjective legal human right with the following modalities: the right to change one’s beliefs, the right not to express them, and the right to renounce them.
It has been proven that the constituents of the subjective legal right to freedom of expression have double subordination - they relate either to the right to form their views or to the right to express them.
Based on the analysis of the structure of freedom of expression as a subjective legal right, the concept of this right is defined as the possibility of a person, enshrined in legal norms and provided safeguarded by the state, to freely express their views, to collect, to search, receive, fix, retain, store, use and distribute information and ideas orally, in written form or in any other way and in any manner not prohibited by law.
The author formulates a concept of the legal mechanism of providing freedom of expression as a system of effective legal remedies for the implementation and protection of this freedom as a general right and of its individual elements (modalities), as enshrined in national legal instruments and in other sources of law. A systematic analysis of the problems of legal support for the implementation of the freedom of expression in Ukraine has been submitted and proposals for their solution have been formulated.
