Legal protection of human information rights in wartime Ukraine

The article examines the general theoretical aspects of human information rights. It provides an analysis of the status and challenges in the realization of information rights during the war in Ukraine. Proposals have been formulated to improve the mechanism for legal protection of information rights in Ukraine. It is asserted that information serves as the foundation of human information rights. In the modern context of an evolving information society, information is a vital component of every individual’s life. It is emphasized that human information rights are an integral part of the freedom of expression. Information rights have a dual nature: they pertain both to the right to form opinions (encompassing the ability to search for, access, receive, record, and store information and ideas) and to the right to express those opinions (including the ability to disseminate, transmit, and utilize information and ideas). It is ascertained that human information rights are reflected in numerous international human rights instruments. These rights form the fundament basis of the international information legal order. It is stressed that Ukraine has adopted a substantial number of legal instrument that form the foundation of the legal mechanism for safeguarding human information rights. It is highlighted that the main issues in ensuring the realization of information rights in Ukraine are: 1) ineffective information policy in the sphere of countering the information war waged by the russian federation against Ukraine; 2) the inadequacy of Ukraine’s legislation regarding information rights; 3) the unjustified classification of information as restricted access; 4) the closure of public registries; 5) the failure to publish socially significant information by information holders on official websites; 6) abuse of the right to access public information by certain requesters; 7) the termination of processing information requests and citizens appeals; 8) the dissemination of information prohibited by Ukrainian legislation, among other issues. A proposal has been formulated regarding the need to adopt not merely a recommendation but a binding document at the European, and ultimately global, level, dedicated to human information rights. The proposal of certain domestic scholars regarding the systematization of information legislation and the adoption of an Information Code of Ukraine, which would facilitate a better understanding of information rights and their implementation, has been supported. It is emphasized that during the war in Ukraine, the state needs to strengthen monitoring and control in the area of safeguarding information rights, as well as accountability for their violations.