Article title Topical Issues of the Right to Free Access to Information (Based on the Materials of Practice of the European Court of Human Rights)
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 2/2017
Сторінки [152-164]

The article investigates the provisions of the international instruments on topical issues of restricting freedom of expression. Emphasis is placed on the need to determine in each case the applicability of Art. 10 of the Convention and the existence of interference in the freedom of expression (in both the positive and negative aspects of this law). Particular attention is paid to the question of whether, in any case, and to what extent the denial of access to information was interference in the freedom of expression of the applicant's views. It is noted that this issue should be considered in each individual case and in the light of the following criteria: the purpose of the request information, the nature of the information requested, the applicant's role and whether this information ready and available. It is shown that in order to be justified interference with the right to freedom of expression must be «prescribed by law», «pursue one or more legitimate aims» set forth in Sec. 2, Art. 10 of the Convention, and to finally be «necessary in a democratic society» in view of the need to establish a balance with other fundamental rights and freedoms.

Keywords European Court of Human Rights, the Convention on the protection of human rights and fundamental freedoms, the rule of law, legal certainty, freedom of expression, freedom of information, interference with the right to freedom of expression.