324
www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2023.68.08.30
How to Cite:
Fedorov, V., Fedorova, T., & Dronov, V. (2023). The right to information from the point of view of legal theory, international law
and international relations. Amazonia Investiga, 12(68), 324-332. https://doi.org/10.34069/AI/2023.68.08.30
The right to information from the point of view of legal theory,
international law and international relations
Право на інформацію з точки зору теорії права, міжнародного права та міжнародних
відносин
Received: July 21, 2023 Accepted: August 29, 2023
Written by:
Valentyn Fedorov1
https://orcid.org/0000-0003-3130-2602
Tetiana Fedorova2
https://orcid.org/0000-0002-4174-890X
Vladyslav Dronov3
https://orcid.org/0000-0003-1458-9963
Abstract
Taking into account the informatization of public
life, the growing role of information, and the
development of the information society, the right
to information is important not only as a certain
set of powers but also as a priority vital interest,
the implementation of which has a decisive
impact on the life of a modern person. The
purpose of the work is the study of information
rights in the context of law per se, from the point
of view of establishing the researched law at the
international level and with regard to
international relations regarding information.
Research methodology consists of such methods
as comparative legal method, inference,
hermeneutic method, induction and deduction
method, and historical legal method. As a result
of the conducted research, it was concluded that
the legal regulation of the right of citizens to
access public information is one of the most
important guarantees of the development of any
democratic society. It is concluded that the
establishment of the right to information and
access to public information at the international
level has a positive effect on the realization of
fundamental rights by citizens, as well as on the
activities of authorities and institutions of public
society.
Keywords: information, right to information,
access to information, information with limited
1
Ph. D., Associate Professor of Department of General Theoretical Jurisprudence of National University «Odesa Law Academy»,
Ukraine.
2
Ph. D., Associate Professor Department of International and European Law of National University «Odesa Law Academy», Ukraine.
3
Ph. D., Associate Professor Department of International and European Law of National University «Odesa Law Academy», Ukraine.
Fedorov, V., Fedorova, T., Dronov, V. / Volume 12 - Issue 68: 324-332 / August, 2023
Volume 12 - Issue 68
/ August 2023
325
http:// www.amazoniainvestiga.info ISSN 2322- 6307
access, international standards, international
rights.
Introduction
The right to information is a fundamental right
that embodies freedom of speech and reflects the
principle of democracy. The development of this
right characterizes the degree of progress of
society and the level of personal freedom of an
individual that can be ensured by the state.
Recognition and provision of human rights and
freedoms is the main duty of the state.
Informational rights provide guarantees to
citizens that the latter have the opportunity to
have beliefs and not be subject to persecution in
connection with this, to defend ideas and control
the activities of the authorities.
The all-pervasive influence of the information
sphere contributed to the transformation of legal
opportunities for obtaining information. More
and more scientists are considering the concepts
of information and information rights. At the
same time, with the passage of time, with the
understanding of the importance of information
rights and their social necessity for each person,
the interest in the research only grew, and, as a
result, the scientific output was enriched every
year (Vakaryuk, 2018). Whereas, the issue of the
right to information in the context of law,
international law, and international relations is
not sufficiently researched, and there are
currently no comprehensive studies of this issue.
In today's realities of the information society, the
complex of rights and freedoms in the
information sphere is considered inviolable and
inalienable. The right to information itself is
multifaceted and includes such powers as the
need to know about the creation of certain
information resources that relate to the sphere of
a person's social or personal life, the ability to
request and receive publicly significant or
personal information from entities authorized to
dispose of it entities, distribute it freely and
require confidentiality in cases established by
law.
Information communication plays an equally
important role: obtaining information, protecting
information, and obtaining access to information
with limited access. In this context, international
standards are important. In accordance with
international standards that regulate the
procedure for access to public information, the
right to freedom of thought and speech, to the
free expression of one's views and beliefs, to the
collection, storage, use, and dissemination of
information orally, in writing or in any other way
- at one's own discretion - is guaranteed. At the
same time, it is noted that the exercise of these
rights may be limited by law in the interests of
national security, territorial integrity, or public
order in order to prevent riots or crimes, to
protect public health, to protect the reputation or
rights of other people, to prevent the disclosure
of information, received confidentially, or to
maintain the authority and impartiality of justice.
In view of the above, the right to information is
an important right and needs to be researched in
the context of law, international law, and
international relations.
The object of research is the right to information
in the context of law, international law, and
international relations. The subject of the study is
social relations that arise during the exercise of
the right to information, as well as those that
influence the exercise and provision of this right
within the framework of the national and
international context.
Theoretical Framework or Literature Review
International legal standards of the right to access
to public information are analyzed in the work of
Ablyakimova (2013). As a result of the research,
the author concluded that in modern conditions,
the right to access public information can be
considered an independent right of a person and
a citizen, which ensures the satisfaction of his
information needs, participation in state affairs,
the realization of other rights, in particular the
right to freedom of speech. According to the
author, the meaning of the right of access to
information has increased precisely in modern
society, and this is connected with those political,
social, and economic transformations that
accompany the processes of globalization and
informatization and are integral features of the
information society. On the basis of these
processes, the formation of international legal
standards in this field took place, which has been
rapidly developing in the last decade. Currently,
access to information is one of the important
criteria of a democratic society, and, accordingly,
326
www.amazoniainvestiga.info ISSN 2322- 6307
ensuring access to information becomes the duty
of the state in the context of ensuring democracy
and the realization of human rights and freedoms.
Thus, Barabash and Yatskiv (2021) analyzed
information rights as a component of the fourth
generation of human rights. The authors drew
attention to the fact that the increase in the
volume of information belonging to a person puts
forward new requirements for legal methods of
protecting the human right to information.
Timely response to changes in the information
sphere, including in the field of electronic
interaction between the citizen and the state, will
make it possible to develop new ways of ensuring
the human right to information, the
implementation of which can accelerate the legal
development of Ukraine in the conditions of the
information post-industrial society and the rule
of law, which protects the information sphere
every person has no less than other, more
traditional rights and freedoms.
The main approaches to understanding the
concept of "human information rights" were
studied by Vakaryuk (2018). The author
concluded that information rights are an
opportunity, not an obligation of a person, and a
person determines the scope and extent of the
realization of his right at his own discretion.
From the analysis of the researcher's work, it was
concluded that the legal regulation of the right to
information and other informational rights is not
limited to the norms of constitutional law, but is
an interdisciplinary institution and includes the
norms of administrative, civil, financial,
environmental, criminal and other legislation.
The author provides the following definition of
human information rights, namely, as certain
human capabilities necessary to meet the
informational needs of his life and development
in specific historical conditions, which are
objectively determined by the achieved level of
development of society and information and
communication technologies, are provided by
socially determined obligations of other subjects
and are protected by public authorities.
International law on access to information was
studied by Guivan (2019). The author noted that
access to information that is of public interest is
one of the main tools for increasing the openness
of government. Obtaining the specified
information significantly affects the expectation
and determination of the legal status of a person,
and gives him the opportunity to plan changes in
his personal life and the life of society.
Therefore, in the opinion of the author, it is
important to establish clear and understandable
rules of conduct in the field of access to
information. Thanks to the study of international
legislation, it becomes possible to direct national
efforts in the field of ensuring proper access to
information to the priority of its openness. At the
same time, the refusal should be an exception
based exclusively on legal grounds.
Conceptual approaches in international law to
freedom of information are outlined in the work
of Zabara (2021). The author draws attention to
the conditions for the implementation of freedom
of information, means of implementation, and
forms of such implementation. The general
conditions for the realization of freedom of
information (freedom to seek, receive, and
disseminate information), in accordance with the
provisions of international legal acts, are as
follows: the freedom to seek information enables
a person to search for information independently
and without restrictions not only on the territory
of the state but also outside its borders; freedom
to receive information provides an opportunity to
independently and without restrictions receive
information from any national and foreign
natural and legal persons and states; freedom to
disseminate information provides an opportunity
to independently and without restrictions
disseminate information on the territory of the
state and beyond. The author noted that the
conditions for implementing freedom of
information should not depend on the means and
forms of its implementation. The means of
implementing freedom of information define a
set of methods for its implementation. In general,
international law does not restrict a person from
using the means of implementing freedom of
information to search, receive, and disseminate
information. Such media include printed
publications, broadcast (radio and television),
and digital media. Forms of implementation of
freedom of information determine the types and
methods of techniques for its implementation.
Universal international legal acts provide a wide
list of forms of implementation of freedom of
information. It was noted that the implementation
of freedom of information is also associated with
certain restrictions.
In Zaduvaylo’s article (2017) the issue of
implementing the right to access information
containing state secrets in global practice is
analyzed. Attention is drawn to the fact that in the
European Convention on Human Rights, the
rights defined in it are formulated in general
terms, and the right is filled with the specific
content already in the decisions of the European
Court of Human Rights. There is no right to
access to information per se in the Convention,
Volume 12 - Issue 68
/ August 2023
327
http:// www.amazoniainvestiga.info ISSN 2322- 6307
instead, Art. 10 of the Convention enshrines the
right to freedom of expression, which includes
the freedom to hold one's views, to receive and
transmit information and ideas without
interference from state authorities and regardless
of borders. Therefore, the recommendations of
the Council of Europe "Global principles of
national secrecy and the right to information"
were additionally developed, which try to solve
the issue of reasonable limitation of the scope of
state and official secrets. The author is convinced
that the necessary actions must be taken to
resolve the issue of secrecy practices that still
prevail in the public sector of our country.
Certain aspects of the right to access to
information are analyzed in the work of Yesimov
(2016). The author analyzed the regulation of
access to information, according to the norms of
international legislation, which makes it possible
to formulate several principles that the domestic
legislator should take into account when
regulating this issue. One of them is the
presumption of openness, which means that the
authorities are obliged to provide the requested
information unless there are legal grounds for
refusing to provide the necessary information.
When refusing to provide information, the
authorities are obliged to indicate the reason for
the refusal and its legality. Mandatory disclosure
of information means bringing information to the
public and other dissemination by authorities of
information of public interest. The publication of
key information about the activities of authorities
should become a regular and widespread
practice. For this form of dissemination, all
possible ways should be used, in particular,
information technologies. Additionally, the study
noted that an exhaustive list of exceptions to the
presumption of openness of information should
be established. One of the main criteria for
refusal to provide information should be damage
or a threat to the security of the state.
Kashka (2018) drew attention to the problematic
issues of the implementation of the right to
information. It was concluded that access to
information is the foundation of democratic
development, a tool for ensuring the openness
and control of the government, a means of
increasing the activity of citizens, their
consciousness, and political culture, and a form
of realizing the rights of citizens to receive
complete and objective information. According
to the author, the government should be
interested in its openness, because without it
there is no trust in the measures and reforms that
it initiates and carries out. However, even the
creation of the best possible legislation will not
allow to ensure openness until certain changes
occur in the mass consciousness of civil servants
and society as a whole. As a result, it was
concluded that the right to information is one of
the most important human rights, the realization
of which has social significance and is a criterion
for the functioning of a legal, democratic state.
Practical issues of implementing the right to
information in the conditions of martial law are
disclosed in the article by Lubinets (2023).
Human rights commissioners have noted that
quite often information managers refer to the
legal regime of martial law as a sufficient reason
for applying the postponement, without
justifying the specific existing obstacles to
fulfilling their duty to ensure the information
rights of citizens. In addition, it was noted that
information rights are limited during wartime,
but this does not mean that administrators should
refrain or find reasons for delay.
The issue of international legal protection of the
right to information and the right to information
is considered in the work of Tsymbaliv (2014).
The author concluded that the legal regime of the
right to information is provided for in various
aspects in the national legislation of the EU
countries, but it corresponds to the general
European principles reflected in the acts of
international law regarding the right to
information in relation to the right to
information.
The international experience of implementing
citizens' right access to public information was
studied in the work of Shyshko (2016).
Summarizing the research, the researcher
concluded that a characteristic feature of a
number of countries of the world is that the
process of access to public information from its
carrier (owner) to the user can occur both directly
and with the help of information intermediaries.
The role of such an intermediary is most often
performed by mass media. Journalists, using
various sources of information, perform a
number of social functions. They carry out
search, analysis, selection of informational
materials, and issue a finished product to the
consumer of information. However, the advent of
the Internet has significantly changed traditional
information consumption. Users in this system
have come much closer to the primary sources of
information, sometimes having the opportunity
to contact its creators directly. However, this
does not mean that the role of information
intermediaries will decrease in the future. On the
contrary, it will only increase. As shown by the
foreign experience, in the author's opinion,
328
www.amazoniainvestiga.info ISSN 2322- 6307
establishing direct or indirect control over mass
media for the government, which is guided in its
activities by principles far from democracy and
freedom of speech, does not seem difficult.
However, forms of restricting access to
information on the Internet by any authority
cannot be too effective.
Finally, Yurchenko and Kostova (2021) paid
attention to the study of EU international
standards on access to public information. It is
noted that the national legislation of Ukraine in
the field of access to public information,
according to criteria such as systematicity,
consistency, and compliance with international
standards, is at a level that can be compared with
the level of EU legislation. However, the
corresponding laws of some EU countries are
more successful from the point of view of
detailing certain aspects of the process of
dissemination and publication of public
information, contain in some places broader
interpretations of the very concept of "public
information", connect it with the problem of the
functioning of public information within the
limits of the entire set of legal relations, arising
in this area.
Methodology
The methodological basis of the research is a
complex of philosophical and worldview
approaches and general scientific and legal
methods.
During the analysis of the right to information in
the context of international law, law, and
international relations, the comparative legal
method was used. This method is used when
comparing concepts, phenomena, and processes
within one historical section or a clearly defined
theoretical model and in the context of a
historical retrospective. As for the topic of the
study, the comparative legal method was used to
compare the international legal establishment of
the right to information as international law,
national law, and the object of international legal
relations, to compare legal regulation from a
retrospective point of view and to compare the
understanding of the researched law in different
countries.
The research methodology provides for the use
of "conditional inference" as a methodological
form of thinking, as a result of which a new
judgment containing new knowledge is formed
from one or several judgments. In this research,
the method is used to move from judgments
regarding the issue of regulation of the right to
information in certain countries and in the
analysis of individual international legal acts
establishing provisions on information rights,
information protection, and public access to
information. In addition, on the basis of the
inference, the conclusion was formulated that the
right to information is ensured by international
legal guarantees and is an international standard
that affects its regulation by the national
legislation of states.
The use of the hermeneutic method made it
possible to decipher the content of the right to
information. The specified method is a special
method of interpreting a legal norm, which
involves not only the literal interpretation of the
text of the norm subject to interpretation but also
taking into account the legal situation in which
the norm is implemented. The application of this
method in the research made it possible to
interpret such legal categories as "law",
"information", "right to information", "access to
information", "restrictions", "international
standard", "ensuring information rights", as well
as use the official explanation of the content of
these legal norms.
The application of the induction method was
used to formulate conclusions regarding the right
to information based on individual private
observations. This method is based on the fact
that the logic of thinking develops from specific
to general. For example, one of the stages of our
research was the accumulation of empirical facts
regarding the regulation of the right to
information at the international level and the
place of such consolidation in national
legislation, as a result of which an inductive
conclusion and proposals were formulated on
ways to improve the provision of the right to
information and its regulatory and legal
consolidation.
When applying the deduction method, in contrast
to induction, general judgment was taken into
account. In particular, with the help of deduction,
the general provisions on the establishment of the
right to information in international and national
acts are analyzed, with further highlighting of the
features of such establishment and the actual
possibility of realizing this right.
It is impossible to trace the development of
modern sources of international law without
researching the historical and legal aspects of this
issue. Thus, the formation of law is significantly
influenced by the historical factor, and therefore
legal phenomena must be studied in relation to
the history of the country. Therefore, the
Volume 12 - Issue 68
/ August 2023
329
http:// www.amazoniainvestiga.info ISSN 2322- 6307
historical-legal method was applied in the
process of addressing the genesis of the subject
of research and analysis of the varieties of
sources of international law in the context of the
right to information in chronological order. Due
to this method of research, the trend of the
development of international standards of the
right to information has been determined.
Results and Discussion
The right to information, which is usually
understood as the right to access information that
is at the disposal of state bodies, is now widely
recognized as a fundamental right of every
person. In today's realities, there is a trend
towards legal recognition of this right, as various
countries of the world striving for democracy
have either already adopted or are preparing laws
on freedom of information for adoption.
The right to access requested information held by
public authorities is the main aspect of the right,
but it is quite clear that it is not limited to it.
Another equally important aspect, which is
included in most freedom of information laws, is
the obligation of public bodies to publish, even in
the absence of requests, key information, for
example, regarding their work, policies,
opportunities for public participation in their
work and how to make a request for information
(Zaduvaylo, 2017).
Information and access to it is an important
component at different levels. The key principles
of the right to information are established at the
international level. Let's consider the
international legal acts establishing the
provisions on the right to information in more
detail.
Table 1.
International legal regulation of the right to information.
Regulatory Act
Key provisions
Universal Declaration of
Human Rights (United
Nations, 1948)
Enshrines the right of every person to freedom of beliefs and to their free
particular, this right includes the freedom to hold one's beliefs expression. In
without hindrance and the freedom to seek, receive, and impart information and
ideas by any means and regardless of national boundaries.
Right to freedom of opinion
Commission and expression
on Human Rights resolution
(Commission on Human
Rights, 1995)
The act affirms the right of every person to freely hold his beliefs, as well as the
right to freedom of expression, and declares that the exercise of the right to
on imposes special duties and responsibilities and therefore freedom of expressi
may be subject to certain limitations, which, however, are prescribed by law and
are necessary to respect the rights and reputation of other persons, to protect state
th and morals of the population or to ensure public security, public order, heal
health and morality.
International Covenant on
Civil and Political Rights
(Council of Europe, 1966)
Establishes the general obligation of States Parties to take the necessary measures,
their constitutional procedures and the provisions of this in accordance with
Covenant, to take such legislative or other measures as may be necessary for the
realization of the rights recognized in the Covenant. But this duty of the state,
e character of prohibition of intervention. The very again, to a greater extent has th
right to free expression of one's opinion (according to paragraph 2 of article 19 of
the 1966 Covenant) includes the freedom to seek, receive, and disseminate any
of information.information and ideas, that is, freedom
Convention against
Corruption (United Nations,
2003)
The UN Convention against Corruption stipulates that member states must
provide the public with real opportunities for effective access to information, and
ourage, and protect the freedom to seek, publish, take measures to identify, enc
and disseminate information about corruption. Participating States shall take
measures necessary to increase transparency in public administration, including
g the general public to obtain, the adoption of procedures or provisions allowin making -when necessary, information on the organization, operation, and decision
processes of public administration, with due regard to the protection of privacy
embers of the and personal data about decisions and legal acts that concern m
public. Art. 13 of the UN Convention against Corruption provides for the need to
apply measures aimed at strengthening transparency and promoting the
involvement of the population in the processes of making administrative
effective access to information for the population; carrying out decisions; ensuring
measures to inform the population, which contribute to fighting corruption, as
well as the implementation of public education programs, including curricula in
ition, Art. 10 provides for the need to adopt schools and universities. In add
procedures and rules that allow members of society to receive, in appropriate
making -cases, information about the organization, functioning, and decision
330
www.amazoniainvestiga.info ISSN 2322- 6307
on, to provide the processes in the public sector and, with due considerati
necessary conditions for the protection of private life and personal data, about
decisions and legal acts that violate the interests of the population.
Convention on the
Protection of Human Rights
and Fundamental Freedoms
(Council of Europe, 1950)
Defines that everyone has the right to freedom of expression. This right includes
freedom to hold opinions and receive and impart information and ideas without
rding to this interference from public authorities and regardless of frontiers. Acco
norm, state authorities are mentioned only in the context of the prohibition of
interference in the exercise of the right to receive and transmit information, and
there are no imperative obligations to facilitate such actions.
tion and On data protec
freedom of information:
Recommendations (Council
of Europe, 2002)
In accordance with the Recommendations, member states must guarantee every
person, after making a request, the right of access to official documents that are at
e authorities. This principle should be applied without any the disposal of stat
discrimination, including on the basis of state affiliation. At the same time, it is
noted that member states can limit the right of access to official documents.
ned in legislation, be necessary in a democratic Restrictions must be clearly defi
society, and be proportionate to the purpose of protection: national security,
defense, and international relations; protection of public order; prevention, search,
ivate life and other legitimate private and investigation of criminal activity; pr
interests; commercial and other economic interests, such as private, and state
ones; equality of parties in court proceedings.
Fair trial issues in criminal
cases concerning espionage
or divulging state secrets
olution 1551, 2007)(Res
The document recalls the importance of freedom of expression and information in
a democratic society, in which it should be possible to freely expose corruption,
wer.human rights violations, environmental destruction, and other abuses of po
The Global Principles on
National Security and the
Right to Information (The
Tshwane Principles) (Open
Society Foundations, 2013)
The principles are based on international (including regional) and national
practices, and works of experts. They relate to national legislation, standards, best
security, not all reasons for withholding information. All other public grounds for
restricting access must at least meet these standards.
Data provided by United Nations, 1948; Commission on Human Rights, 1995; Council of Europe, 1966;
United Nations, 2003; Council of Europe, 1950; Council of Europe, 2002; Resolution 1551, 2007; and
Open Society Foundations, 2013.
Considering the above-mentioned international
legal acts, it can be concluded that informational
rights and freedoms, like other human rights, are
declared in a general, declarative form in
international legal acts and conventions.
Therefore, the practice of applying and
protecting human information rights at the
universal and regional level is of great
importance for the practical exercise of
information rights by a person.
However, there are many aspects to the issue of
the right to information. In particular:
− the general right of the public to have access
to information of public interest from
various sources;
− rights of mass media to access information;
− the rights of individuals to request and
receive information of public interest and
information that may affect their personal
rights (Zabara, 2021).
A feature of the realization of the right to
information is that the right to freedom of
opinion and free expression is an activator of
other rights. Therefore, the proper and
proportionate development of society constantly
requires the appropriate acquisition, analysis, and
dissemination of true information.
Regarding the understanding of freedom, taking
into account the provisions of international legal
acts, the main elements of the concept of freedom
are "freedom of access to the state" and "freedom
from the state". The first element concerns the
individual's participation in state affairs. There is
an additional shade of "collectivity" in it, and the
rights of the individual to assemble and to create
their own organizations follow from it. The
second element concerns the personal life of an
individual and provides for its comprehensive
protection from any unlawful external
interference. In this case, the state, in principle,
is not obliged to ensure this right by applying
positive measures.
In today's conditions of information activity, the
search, acquisition, and dissemination of
information continue to play an important role in
the realization of the right to free expression of
one's opinion in the latest conditions of large-
scale use of information and communication
technologies and, in addition, contribute to the
formation of new views, approaches, and
concepts. The conditions of realization of
Freedom of Information provisions provide
Volume 12 - Issue 68
/ August 2023
331
http:// www.amazoniainvestiga.info ISSN 2322- 6307
prerequisites and circumstances that condition its
observance. According to the general conditions,
the implementation of freedom of information
(freedom to search, receive, and disseminate
information), in accordance with the provisions
of international legal acts, should take place
regardless of state borders.
At the same time, issues related to access to
information are regulated both at the
international and national levels. Regarding
foreign entities, it is important to pay attention to
the fact that each country in the EU has its own
law on access to public information of citizens,
which in different ways interprets the process of
obtaining public information more broadly than
the general rules of the EU. Thus, in a number of
countries, not only are the rights of requesters,
managers of information, and the duties of the
latter prescribed, but also social relations related
to the right of access to public information, its
reuse in the public sector, are defined. In a
number of countries, a comprehensive definition
of public information is provided, which includes
any information related to public life, which
enables citizens to form their own opinions on
the activities of relevant bodies in accordance
with the legislation (Shyshko, 2016).
Thus, it can be concluded that in different
countries, the relationship between citizens and
authorities in the field of access to information is
regulated differently. In the broadest sense, the
principle of public access to information means
that citizens and mass media have the right to
receive information about state and municipal
laws and measures. From a theoretical point of
view, this principle is closely related to the
principle of freedom of the press, which means
the right to the free dissemination of truthful
information, that is, information can be withheld
from the public only when it is necessary to
prevent damage to the legitimate interests of
citizens and the state.
Conclusions
As a result of the study of the right to information
in the context of law, international law, and
international relations, the following conclusions
were made:
1. The modern concept of the freedom of
information institute has been developing
over the past seventy years. At the same
time, general conceptual provisions were
formulated within the framework of the
United Nations Organization and define
freedom of information, its basic principle,
the role of the institute, and the importance
of the institute in the development of modern
international relations.
2. The transformation of the freedom of
information institute takes place within the
framework of international legal regulation
of the protection of human rights and
fundamental freedoms. At the same time, the
state of international legal regulation of the
Institute of Freedom of Information is
influenced by the development of
information and communication
technologies and the content of disseminated
information.
3. An important role in ensuring the right to
information is the real provision of the right
to access to information. The publication of
information about the activities of
authorities and the performance of public
functions by them indicates the priority of
protecting the informational rights and
interests of a specific person.
4. With regard to international relations, it is
noted that the world community's common
vision of the key conceptual provisions of
the right to information is based on a
generally recognized understanding of
freedom of information, as well as an
understanding of its importance for the
international legal regulation of current and
future international information relations. It
consists of the fact that the general concept
of freedom of information is defined, the
category is assigned to fundamental human
rights; freedom of information was defined
as a criterion for all types of freedom to be
protected. In addition, the content of
freedom of information and the conditions
for its implementation are defined, namely
the right to collect, transmit, and publish
information everywhere and without
hindrance.
Regarding further scientific research, we
consider it necessary to investigate the issue of
international legal provision of access to
information as a component of the right to
information.
Bibliographic references
Ablyakimova, E.E. (2013). International legal
standards of the right to access to public
information. Actual problems of politics, 48,
130-138. Retrieved from
http://app.nuoua.od.ua/archive/48_2013/17.p
df
Barabash, O.O., & Yatskiv, D.V. (2021).
Information rights as a component of the
332
www.amazoniainvestiga.info ISSN 2322- 6307
fourth generation of human rights. Journal of
the Kyiv University of Law, 1, 27-31.
Retrieved from https://acortar.link/McjU46
Commission on Human Rights. (1995). Right to
freedom of opinion and expression. Retrieved
from
https://www.refworld.org/docid/3b00f22e70.
html
Council of Europe. (1950). Convention on the
Protection of Human Rights and
Fundamental Freedoms. Retrieved from
https://www.echr.coe.int/documents/convent
ion_eng.pdf
Council of Europe. (1966). International
Covenant on Civil and Political Rights.
Retrieved from
http://zakon1.rada.gov.ua/laws/show/995_04
3
Council of Europe. (2002). On data protection
and freedom of information:
Recommendations. Retrieved from
http://zakon4.rada.gov.ua/laws/show/994_a3
3
Guivan, P.D. (2019). International Law on
Access to Information. Law and public
administration, 2(35), 73-79. Retrieved from
http://pdu-
journal.kpu.zp.ua/archive/2_2019/tom_1/15.
pdf
Kashka, V.V. (2018). The right to information as
a fundamental human right. Scientific
Bulletin of the Uzhhorod National
University, 49, 70-73. Retrieved from
https://acortar.link/CZIHSd
Lubinets, D. (2023). The right to information is
the basis of democracy. LB.ua. Retrieved
from https://acortar.link/9dqggj
Open Society Foundations. (2013). The Global
Principles on National Security and the Right
to Information (The Tshwane Principles).
Retrieved from https://acortar.link/1pTr5A
Resolution 1551. Fair trial issues in criminal
cases concerning espionage or divulging state
secrets. Parliamentary Assembly, 2007.
Retrieved from https://acortar.link/1q8JpM
Shyshko, V.Y. (2016). International experience
of implementing citizens' right of access to
public information. Scientific Bulletin of the
Lviv State University of Internal Affairs, 4,
235-244. Retrieved from
https://acortar.link/UmBwQh
Tsymbaliv, O.V. (2014). Right to information
and right from information: institutional
relationship in the legislation of individual
countries of the European Union. Information
and law, 3, 84-91. Retrieved from
https://ippi.org.ua/sites/default/files/14tovke
s.pdf
United Nations. (1948). General Declaration of
Human Rights. Retrieved from
https://acortar.link/9TyNbz
United Nations. (2003). Convention against
Corruption. Retrieved from
http://zakon2.rada.gov.ua/laws/show/995_c1
6
Vakaryuk, L. (2018). Basic approaches to
understanding the concept of "human
information rights". Entrepreneurship,
economy, and law, 2, 155-159. Retrieved
from https://acortar.link/ii2nC8
Yesimov, S. (2016). The right to access to
information is a key element of public
control. Bulletin of the Lviv Polytechnic
National University. Series: Legal sciences,
3, 63-72. Retrieved from
https://acortar.link/EUucHQ
Yurchenko, M.M., & Kostova, N.I. (2021).
International EU standards on access to
public information: a comparative analysis
with Ukraine. Legal Scientific Electronic
Journal, 5, 320-322. Retrieved from
http://www.lsej.org.ua/5_2021/77.pdf
Zabara, I.M. (2021). Freedom of Information:
Conceptual Approaches in International Law.
Information and law, 1 (36), 35-44. Retrieved
from https://acortar.link/YvBRfm
Zaduvaylo, O.K. (2017). Implementation of the
right to access information containing state
secrets in global practice. Public
administration: improvement and
development, 2, 15-38. Retrieved from
http://www.dy.nayka.com.ua/?op=1&z=103
7