Information and the right to information: civil law regulation

The article is devoted to highlighting the features of civil law regulation of information as one of the objects of civil legal relations and as a component (core) of the right to information. It is noted that the variety of aspects with which the regulatory regulation in the Civil Code of Ukraine is related to information in general and the content, implementation and protection of the right to information in particular. The content of the norm of the Civil Code of Ukraine, which regulates the right to information, is separately analyzed, and its relationship with the norms of special legislation on information – the Law of Ukraine «On Information» is studied. It is emphasized that the «right to information» in its formulation in the Civil Code of Ukraine, despite the location of this norm in the chapter dedicated to individuals, applies not only to the latter, but also to legal entities, while most of the provisions of the relevant article of the Civil Code of Ukraine, as well as most of the types of information, the right to which is mentioned in the norms of this codified act, apply only to individuals and cannot be extended to legal entities. The absence of gaps in the Civil Code of Ukraine in terms of securing the right to information for legal entities in general is noted, but the emphasis is on the insufficiently clear regulation of the content of this right in relation to these subjects of civil law and the lack of systematicity in the arrangement of relevant norms. Some gaps in the regulation of the right to information in the norms of the Civil Code of Ukraine are indicated, including: 1) the presence of abstract references to a certain law, which establishes certain issues of actions of subjects of civil law with information, opportunities for protecting the right to information (the expediency of clarifying a specific legislative act is justified in order to simplify the perception of the content of the relevant norm by ordinary citizens and other subjects of civil law and thereby provide the opportunity to quickly search for a special legislative act); 2) narrowed, compared to special legislation in the field of information, the content of the actions of private law entities related to information (the expediency of bringing Part 3 of Article 200 of the Civil Code of Ukraine into line with the provisions of other norms of the Civil Code of Ukraine and the norms of the Law of Ukraine «On Information» in terms of such types of information activities as the creation, collection, receipt, storage, dissemination of information is substantiated).

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Publication Details

Journal
Uzhhorod National University Herald Series Law
Published
2025-10-14
DOI
https://doi.org/10.24144/2307-3322.2025.90.2.2
Primary Topic
Ombudsman and Human Rights
Type
article
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Information and the right to information: civil law regulation

Inna Bolokan
Uzhhorod National University Herald Series Law
Ombudsman and Human Rights
article

Information and the right to information: civil law regulation

Inna Bolokan
article en

Abstract

The article is devoted to highlighting the features of civil law regulation of information as one of the objects of civil legal relations and as a component (core) of the right to information. It is noted that the variety of aspects with which the regulatory regulation in the Civil Code of Ukraine is related to information in general and the content, implementation and protection of the right to information in particular. The content of the norm of the Civil Code of Ukraine, which regulates the right to information, is separately analyzed, and its relationship with the norms of special legislation on information – the Law of Ukraine «On Information» is studied. It is emphasized that the «right to information» in its formulation in the Civil Code of Ukraine, despite the location of this norm in the chapter dedicated to individuals, applies not only to the latter, but also to legal entities, while most of the provisions of the relevant article of the Civil Code of Ukraine, as well as most of the types of information, the right to which is mentioned in the norms of this codified act, apply only to individuals and cannot be extended to legal entities. The absence of gaps in the Civil Code of Ukraine in terms of securing the right to information for legal entities in general is noted, but the emphasis is on the insufficiently clear regulation of the content of this right in relation to these subjects of civil law and the lack of systematicity in the arrangement of relevant norms. Some gaps in the regulation of the right to information in the norms of the Civil Code of Ukraine are indicated, including: 1) the presence of abstract references to a certain law, which establishes certain issues of actions of subjects of civil law with information, opportunities for protecting the right to information (the expediency of clarifying a specific legislative act is justified in order to simplify the perception of the content of the relevant norm by ordinary citizens and other subjects of civil law and thereby provide the opportunity to quickly search for a special legislative act); 2) narrowed, compared to special legislation in the field of information, the content of the actions of private law entities related to information (the expediency of bringing Part 3 of Article 200 of the Civil Code of Ukraine into line with the provisions of other norms of the Civil Code of Ukraine and the norms of the Law of Ukraine «On Information» in terms of such types of information activities as the creation, collection, receipt, storage, dissemination of information is substantiated).

Uzhhorod National University Herald Series LawVol. 2(90)
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Ombudsman and Human Rights
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