The dissertation is a comprehensive study of the legal support of the constitutional right to information in the conditions of special legal regimes. In section 1 “General theoretical foundations of the legal support of the constitutional human right to information in the conditions of special legal regimes” the content, the concept and normative support of the constitutional right to information in the conditions of special legal regimes are investigated. In particular, it was substantiated that by its nature the constitutional right to information is a complex right, which is simultaneously an independent constitutional right, a component of the right to freedom of thought and speech and free expression of one's views and beliefs, and the basis for the implementation of other constitutional rights and freedoms of a person and a citizen. The main features of constitutional legal regimes are highlighted and it is additionally substantiated that to ensure the protection of national interests, state security, state sovereignty, territorial integrity, constitutional rights and human freedoms, special legal regimes can be introduced, in which a special permissive type of legal regulation is mainly used, based on the principle of "everything is prohibited except what is permitted." Taking into account the causes, dynamics, rapid development and nature of the course of emergencies of a natural and technological nature, which require an operational response, it is proposed to grant the right to introduce a state of emergency in the relevant territories to regional state administrations (military regional administrations). In section 2 “Features of the implementation of the constitutional right to information under special legal regimes”, the features of the implementation of the right to collect, store, distribute and use information under special legal regimes are identified and characterized; the concept of the right to access information as a component of the right to information and a separate human right is clarified; the differences between the right to appeal and the right to access public information in terms of the procedure for registration, the procedure for registration and accounting, and the procedure for obtaining information are highlighted and characterized. In Section 3 “Restrictions on the exercise of the constitutional right to information and liability for its violation under special legal regimes” it is substantiated that when establishing restrictions on human rights and freedoms under a state of emergency or martial law, stricter legislative requirements should be applied to determine their grounds, temporary nature, compliance with the procedural form of imposing restrictions, and liability for their violation. Accordingly, restrictions on a person’s right to
information can be established through a direct prohibition of certain actions, the removal of a particular authority from the content of this right, and the determination of a special procedure for implementing the right, provided that its essential content is preserved and taking into account the principle of the presumption of openness of public information. It is additionally substantiated that when qualifying the acts provided for in parts 2, 4, 5 and 6 of Article 111-1, it is considered necessary to take into account the provisions of Articles 50, 51, 56 of the Geneva Convention IV relative to the Protection of Civilian Persons in Time of War of 1949. and Article 63 of Additional Protocol I to the Geneva Conventions of 12 August 1949, relating to the protection of victims of international armed conflicts of 1977, in the context of the obligation of the occupying power to maintain normal living conditions in the occupied territory.
