The dissertation is devoted to defining the essence and features of constitutional and legal support of the human right to free expression of views and beliefs in Ukraine, studying foreign legislation and practice of human rights research, as well as developing scientifically sound proposals and recommendations for improving legislation in this area.
It is proposed to understand the human right to free expression of views and beliefs as an inalienable natural human right, which is the ability to express in any form, both internally and externally, their attitude or confidence of a probable nature to certain events, phenomena, processes or facts, give them an assessment (characteristics) and is provided with increased legal protection.
The content of the human right to free expression of views and beliefs is determined through the following components: the ability to freely collect, receive, store, use and disseminate information and ideas in any way, without state interference and regardless of state borders, except as provided by law ; free expression of their beliefs, thoughts, rationalized feelings, attitudes, concepts, orientations, etc. and the ability to adhere to them; free use of any means of expressing their position - both traditional (written, oral, visual, etc.) and modern (informational, technical).
The legal mechanism for ensuring freedom of expression in Ukraine is defined as a system of effective legal means of implementing, protecting and protecting freedom of expression and belief in general, as well as its individual elements enshrined in international, national and regional regulations and other sources of law. The structural elements of the mechanism of legal provision of freedom of expression and belief include the legislation of Ukraine (including ratified international treaties and agreements), which regulates freedom of expression and belief, as well as some of its elements; legal means of its implementation; legal means of its protection; legal means of protecting freedom of expression and belief.
According to the level of legal regulation, the mechanism of realization and protection of the right to free expression of views and beliefs is classified into two main types: international and domestic.
It is established that the constitutional guarantees inherent in the right to freedom of opinion and belief are the prohibition to force or express one's views and beliefs, freedom of information, including freedom of the media, and the prohibition of censorship. These guarantees are part of the constitutional right to freedom of expression and belief as a complex phenomenon. Further censorship is intended to prevent freedom of opinion and belief in areas not covered by freedom of expression, such as a ban on the collection and dissemination of information about a person's private life without his or her consent; prohibition of certain types of agitation and propaganda. According to the Constitution of Ukraine, the prohibition of censorship is not unquestionable. On the basis of constitutional provisions, the legislator has the right under certain conditions and within a certain period of time to establish in the form of a constitutional law restrictions on the right to freedom of opinion and belief by means of censorship.
Foreign experience of constitutional and legal provision of the human right to free expression of views and beliefs is considered. It is concluded that in many foreign countries there is a tendency to form a special sectoral legislation on freedom of information and dissemination. It is established that France is one of the first countries in which the right to information was enshrined in law. The vast majority of modern constitutions of some foreign countries in the field of information at the constitutional level enshrines and guarantees the realization of the human right to free expression of views and beliefs, the right to information as a fundamental human and civil right. It is argued that it is expedient for our state to take into account the positive American experience, mainly in the fact that the first place is occupied by freedom of speech as a leading direction of state development and a key, necessary element in all spheres of state life. Based on this, it is proposed to make appropriate changes to Art. 34 of the Constitution of Ukraine, based on the current provisions of the First Amendment to the US Constitution.
It is formulated in the directions of development and improvement of the legislation in the field of ensuring the human right to free expression of views and beliefs.
