Afonina O. Constitutional and legal forms of political activity of citizens implemented through information and communication technologies

The dissertation is dedicated to the development of a comprehensive concept of the constitutional and legal forms of citizens' political activity, which are implemented through information and communication technologies (ICT), and to the formulation of general approaches to their regulation within the constitutional legislation of Ukraine, taking into account contemporary political and legal realities and the trends of information society development. The study defines the concept and characteristics of the constitutional and legal forms of citizens' political activity implemented through ICT, establishes the diversity of these forms, and provides their classification. The author introduces into scientific discourse the concept of "constitutional and legal forms of citizens' political activity," which is proposed to be understood as the external manifestations of an individual’s active behavior in the political sphere, which, due to their significance for the democratic order, receive constitutional and legal recognition in the form of certain fundamental rights and freedoms of individuals and citizens (or specific legal entitlements constituting these rights and freedoms), are guaranteed by the state, and characterize the manner in which political activity is exercised within the legal domain. Furthermore, the author has examined the role and place of constitutional and legal forms of citizens' political activity implemented through ICT within the system of e-governance and e-democracy. A dialectical relationship has been established between the development of various forms of citizens' political activity and corresponding democratic innovations for participation in state governance. It is substantiated that these forms, when implemented through ICT, play a key role in shaping the mechanisms of e-governance and e-democracy. It has been noted that the introduction of ICT in the context of citizens' political and legal participation should be considered in at least three aspects: the establishment of quality standards for political communication and the corresponding normative and legal regulation of those forms of citizens' political activity that are implemented through ICT; the increasing influence and significance of digital platforms in structuring the forms of citizens' political activity implemented through ICT; the establishment of a clear distinction between official and unofficial forms of citizens' political activity implemented through ICT. It is substantiated that the effective state guarantee of constitutional and legal forms of citizens' political activity implemented through ICT is impossible without addressing the range of tasks. The international legal standards for regulating the forms of citizens' political activity implemented through ICT and their influence on national legislation have been examined. The experience of foreign states in defining the constitutional and legal foundations for regulating the forms of citizens' political activity implemented through ICT has been summarized. It has been established that none of the modern constitutions, regardless of their "generation", explicitly distinguishes the legal forms of citizens' political activity implemented through ICT. Instead, they address these forms only indirectly, considering them as manifestations of certain civil and political rights (or specific legal entitlements) based on the means (tools) of their implementation. Specific examples demonstrate that various forms of citizens' political activity implemented through ICT were actively introduced in Ukraine at all levels of public governance during the period 2018–2021. The priority areas for the development of constitutional and legal regulation of citizens' political activity implemented through ICT in Ukraine have been substantiated. These include: further detailing and systematizing constitutional and legal norms defining forms of citizens' political activity through ICT, taking into account the interdisciplinary nature of related issues; completion of the development and launch of the "VzaemoDiia" system, along with the adoption of legislation governing its functioning; ensuring proper electronic authentication of citizens and protection of personal data in the process of political participation; legislative regulation of the use of artificial intelligence (AI) in the exercise of citizens' political activity; development of effective mechanisms to prevent and counteract abuses in electronic forms of political activity, including incitement of hatred, dissemination of false information, and agitation for the violent overthrow of the constitutional order, among others. Concrete proposals for improving constitutional and legal regulation on the subject of the study have been formulated. In particular, it has been proposed to adopt the Law of Ukraine "On Electronic Democracy". A conceptual structure for this law has also been presented.