LEGAL-THEORETICAL ANALYSIS OF FREEDOM OF SPEECH IN THE UNIVERSAL AND REGIONAL DIMENSION: THE EDGE OF REASON

Abstract

In the theory of law, freedom of speech, which has a long history of formation, continuing even now - with the crystallization of this freedom by international institutions, remains the most important and necessary element of the functioning of civil society and the building of the rule of law. In the legal plane, being initially enshrined at the international level - universal and regional - this freedom faces serious obstacles to its realization and protection at the national level, where it collides with other rights and freedoms, including freedom of religion, as well as with the interests of society and the state which are often difficult to establish. One of the fundamental issues related to the realization of freedom of speech is the question of the absoluteness and limitations of this freedom. Restrictions on freedom of speech, established normatively and developed by practice at the universal and European regional international legal level, are associated with considerations of morality, social interests and values, necessity and security. These approaches developed at different levels of regulation are mutually consistent and complement each other, building a paradigm that is much needed by general international law in a uniform understanding of human rights and freedoms. Despite the established restrictions, in practice, contradictions and misunderstandings continue to arise related to the implementation of freedom of speech at the national level. This work attempts to correlate freedom of speech with restrictions on this freedom by states bound by security interests, morality and ethics. The article proposes an effective way to solve the problem of limiting freedom of speech and delimiting it from other freedoms: increasing the responsibility of states for violating human rights and freedoms by changing its form, and strengthening the jurisdiction of already existing international bodies for the protection of human rights, especially conventions.