Article | ISSUES OF IMPLEMENTATION OF INFORMATION RIGHTS IN UKRAINE (PRIVATE LAW ASPECT) |
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Authors |
Olena Kokhanovska
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Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 1 / 2018 |
Pages | 63 - 71 |
Annotation | Forming of the civil theory of information rights implementation is associated with a number of issues ensuing from the specific nature of the object of information relations as well as from the specific powers enjoyed by the subjects of information rights through which an information civil right is implemented. Hence the need to elaborate a uniform or at least a generalizing approach regarding the issues of compliance, implementation, use and application of the provisions of an information right, to define, in the most elaborate possible manner, all of the powers of the civil law subjects with a view to implementing their rights in the information field. The purpose of this article is to analyze the approaches to understanding of the principles, forms and methods of civil rights implementation, which have been so far formed in the civil law doctrine, with due regard for the legislative and practical aspects, with the aim of developing a whole picture about the specifics of implementation of powers enjoyed by the subjects of information relations in civil law, their forms and methods, as well as to describe own vision of the objectives and the ways, most effective in terms of private law positions, for implementing information rights in Ukraine. It is established that the national civil law doctrine has so far developed the general theory of civil rights implementation, and an extensive and comprehensive theory of civil information relations. However, civil law aspects of information rights implementation, in particular, the principles, forms and methods of their implementation, still wait for a further study. It is found that in the modern context of information society development not only the consolidation of the provisions of information legislation is important, but also the compliance, implementation, use, and application thereof are no less significant. The author arrives at the conclusion that private law, given its inherent discretionary method of social relations regulation, entitles the subject of information relations under civil law to select at own discretion the goals and the ways and means of implementation of information rights. The main forms of information civil rights implementation are simple (compliance, implementation, use) and complex (application) forms of implementation of a right. The information civil right is implemented through a range of powers enjoyed by the information relations subject, the main of which being the right to create, make, search for, collect, get familiarized with, receive (obtain), record, be aware of, transfer, use, disseminate (distribute), store, ensure the security of and protect information etc.
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Keywords | information; implementation of information rights; forms and methods of information rights implementation; powers of the subject of informational relations |
References |
List of legal documents
Legislation
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Electronic version | Download |