Freedom of expressıon ın the context of regulatory provısıons and case law used by the European Court of Human Rıghts

Abstract

The article examines the features ensuring the right to freedom of expression and opinion under national law. The importance of these freedoms is emphasized in view of their enshrinement in international regulatory documents. It was mentioned that the importance of the right to freedom of expression is also emphasized by the fact that these rights are enshrined in legal documents of international level. The author gave attention to such international documents as the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Universal Declaration of Human Rights. The author made a detailed analysis of the Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. It was noted that Article 10 of the Convention can be structured into two parts. The author stated that the first part is the right to freedom and expression of views, the second is a comprehensive list of legal limitations of the investigated law. The concept of right to freedom to follow ones views, to receive information and to impart information were defined in details. Attention was paid to how the right to freedom of expression is enshrined in the national legislation of Ukraine, espessially in the Constitution of Ukraine, the Law of Ukraine “On Information” and the Law of Ukraine “On Printed Mass Media (Press) in Ukraine”. Several landmark decsssons of the European Court of Human Rights were given, for instanse, Nagla versus Latvia and Sunday Times versus United Kingdom (no. 1). Eventually, the author concluded that it is important to establish certain guarantees of the right to freedom of opinion and expression that is, the consolidation of certain conditions