Digital rights citizens of Ukraine: constitutional and legal entrenchment and implementation mechanisms

The article examines the theoretical and legal foundations of digital rights as part of the system of fundamental human and citizen rights and freedoms, taking into account their constitutional and information law dimensions. It reveals the content of the concept of “digital rights”, which includes the right to access the Internet, the protection of personal data, digital identification, freedom of expression online, the right to be forgotten, access to open data, protection against digital discrimination, and a safe digital environment. The analysis covers the provisions of the Constitution of Ukraine that indirectly guarantee the realization of digital rights, as well as current legislation, including the Laws of Ukraine “On Information”, “On Personal Data Protection”, “On Electronic Identification and Electronic Trust Services”, “On the Basic Principles of Ensuring Cybersecurity of Ukraine” and “On Electronic Communications.” It is shown that the legal regulation of digital rights in Ukraine remains fragmented and fails to provide a comprehensive system for their realization and protection. A comparative analysis of Ukrainian and European approaches is carried out, in particular the provisions of the Charter of Fundamental Rights of the EU, the General Data Protection Regulation (GDPR), and the Declaration on Digital Rights and Principles of the EU. The problems of law enforcement are highlighted, including the lack of a unified definition of digital rights, partial implementation of international standards, gaps in cybersecurity, insufficient digital literacy among the population, and underdeveloped judicial practice in this area. Special attention is paid to the impact of martial law and the growing number of cyberattacks on the state of digital rights protection. The article substantiates the necessity of adopting a separate law “On Digital Rights”, amending the Constitution of Ukraine to directly enshrine the main digital rights, harmonizing national legislation with EU law, strengthening institutional protection mechanisms, increasing citizens’ digital literacy, and developing technical security guarantees. It concludes that a comprehensive approach combining legislative, institutional, technical, and educational measures is a key condition for the effective realization of digital rights in the context of Ukraine’s digital transformation and European integration.