Legal ensurement of freedom of expression in Ukraine

The article examines the general theoretical and constitutional dimensions of the legal safeguards for the protection of freedom of expression in Ukraine.The purpose of the study is to provide a comprehensive theoretical characterization of the legal mechanisms ensuring the realization and protection of freedom of expression in Ukraine.The methodological framework of the research is grounded in a system of conceptual approaches (anthropological, systemic, dialectical), general scientific methods (analytical, formal-dogmatic, structural), and specialized legal methods (interpretation of legal norms, comparative legal analysis, and structural-legal methodology).Findings and conclusions. Based on the analysis of the structure of the freedom of expression of a person as a subjective legal right, the concept of this right is defined as the ability of a person, enshrined in legal norms and provided by the state, to freely express views, collect, search, receive, record, store, distribute, transmit, and to use information and ideas orally, in writing or in any other form and in any way, except for cases specified by law.The legal mechanism for ensuring freedom of expression in Ukraine is a system of effective legal means of implementing, protecting, and safeguarding freedom of expression in general, as well as its individual elements (possibilities), enshrined in national legal acts and other sources of law.I would like to emphasize that a number of positive trends in the field of legal support for the implementation of freedom of expression are manifested in Ukraine, namely: – formation of Ukrainian legislation (in particular, recognition of binding international documents) on issues of freedom of expression and information rights as its component; – increased criminal liability for crimes against journalists and their family members; – the possibility for citizens and other subjects to apply to the Parliamentary Ombudsman of Ukraine, the Constitutional Court of Ukraine, the European Court of Human Rights on issues of protection of freedom of expression, etc.Despite positive trends in the field of legal protection of freedom of expression in Ukraine, there are still a number of problems in this field. The biggest problem is the full-scale invasion of the Russian Federation against Ukraine, which caused massive violations of the rights of journalists and mass media.

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Publication Details

Journal
Constitutional Legal Academic Studies
Published
2025-09-27
DOI
https://doi.org/10.24144/2663-5399.2025.1.05
Primary Topic
Freedom of Expression and Defamation
Type
article
Field-Weighted Citation Impact
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article

Legal ensurement of freedom of expression in Ukraine

Liliia Yarmol
Constitutional Legal Academic Studies
Freedom of Expression and Defamation
article

Legal ensurement of freedom of expression in Ukraine

Liliia Yarmol
article en

Abstract

The article examines the general theoretical and constitutional dimensions of the legal safeguards for the protection of freedom of expression in Ukraine.The purpose of the study is to provide a comprehensive theoretical characterization of the legal mechanisms ensuring the realization and protection of freedom of expression in Ukraine.The methodological framework of the research is grounded in a system of conceptual approaches (anthropological, systemic, dialectical), general scientific methods (analytical, formal-dogmatic, structural), and specialized legal methods (interpretation of legal norms, comparative legal analysis, and structural-legal methodology).Findings and conclusions. Based on the analysis of the structure of the freedom of expression of a person as a subjective legal right, the concept of this right is defined as the ability of a person, enshrined in legal norms and provided by the state, to freely express views, collect, search, receive, record, store, distribute, transmit, and to use information and ideas orally, in writing or in any other form and in any way, except for cases specified by law.The legal mechanism for ensuring freedom of expression in Ukraine is a system of effective legal means of implementing, protecting, and safeguarding freedom of expression in general, as well as its individual elements (possibilities), enshrined in national legal acts and other sources of law.I would like to emphasize that a number of positive trends in the field of legal support for the implementation of freedom of expression are manifested in Ukraine, namely: – formation of Ukrainian legislation (in particular, recognition of binding international documents) on issues of freedom of expression and information rights as its component; – increased criminal liability for crimes against journalists and their family members; – the possibility for citizens and other subjects to apply to the Parliamentary Ombudsman of Ukraine, the Constitutional Court of Ukraine, the European Court of Human Rights on issues of protection of freedom of expression, etc.Despite positive trends in the field of legal protection of freedom of expression in Ukraine, there are still a number of problems in this field. The biggest problem is the full-scale invasion of the Russian Federation against Ukraine, which caused massive violations of the rights of journalists and mass media.

Constitutional Legal Academic Studies(1)
Lviv Polytechnic National University (UA)
Openalex Percentile: Top 59%
Freedom of Expression and Defamation
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