Roskoshnyi I. Constitutional and legal principles of human-state interaction in the information society

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number


Applicant for


  • 081 - Право. Право


Specialized Academic Board

ДФ 64.051.062

V.N. Karazin Kharkiv National University


The dissertation is devoted to the formation of a holistic concept of the constitutional and legal foundations of human-state interaction in the information society, which can become a doctrinal basis for relevant political and legal reforms in Ukraine. The historical preconditions of formation and development of constitutional-legal relations of man and state in the information society are revealed, the basic concepts of information society and their influence on constitutional-legal relations are revealed, the basic theories and concepts of interaction of man and state in information society are described. The thesis is substantiated that in terms of the genesis of world constitutionalism the forms, content and dynamics of human-state interaction are significantly influenced, on the one hand, by information revolutions and, on the other, by the "layering" of the rule of law. and social), it is substantiated that today such interaction takes place in the context of the sixth (network) information revolution and the development of social rule of law. It is argued that the formation of constitutional statehood in terms of information interaction between man and the state was in the direction of expanding legal opportunities for citizens (subjects): a) to participate in the discussion of government decisions, including subject them to public criticism; b) appeal to public authorities with complaints and suggestions; c) exercise control over state bodies, ie receive information about their activities, decisions and acts with an explanation of the reasons and expected consequences of their adoption. It was stated that the information interaction between the individual and the constitutional state has led to the recognition and consolidation of a number of fundamental human and civil rights and freedoms (such as freedom of speech, freedom of the press, freedom of petition, right to information), some forms of direct democracy, including elections and referendums (In both cases, the citizen is required to express his opinion, position on certain candidates or issues of public importance), as well as appropriate changes in the order (technology) of their implementation. It is proposed to include along with the existing parameters of information reality in its characteristics human-dimensional changes that occur in it, ie to supplement the socio-technical image of the information society with socio-anthropological features and thus record the emergence of "information man", which is an element of information reality as a subject, but also as a "digitized particle" of digital space. It is demonstrated that the constitutional and legal support of the relationship between man and the state in the information society is carried out through sectoral legislation, ie regulation of certain aspects of information rights and the use of ICT in public administration, including through the introduction of e-government and e-justice. It is noted that the sphere of related interests of man and state in the information society is cybersecurity. At the same time, the general direction of state policy is the adoption of state programs (strategies) aimed at ensuring information security on the Internet, and one of the most common methods of regulation in this area - restricting access to information resources distributed through this network and attracting legal liability of persons guilty of committing offenses using ICT. Emphasis is placed on the fact that according to the current Constitution of Ukraine, human-state interaction in the information society should be based on the recognition of human rights (including information rights and freedoms) and be focused on ensuring its security and comprehensive development, but without censorship measures. It is determined that the regulation of constitutional and legal principles of human-state interaction in the information society in Ukraine takes place in four main areas (sectors): 1) principles of legal status of a person in the information society; 2) the principles of the legal status of the media in the information society; 3) principles of public governance in the information society (including e-government and electronic forms of participatory democracy); 4) principles of information security of man and state in the information society. The necessity of developing a new Strategy for the development of the information society in Ukraine, designed for the long term (until 2050), is substantiated. It should include, inter alia, the development of e-democracy, e-economy, e-commerce, e-justice, e-services, e-culture, e-education, e-medicine, e-infrastructure, etc.


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