Infopaket

Protection of Information Rights in Ukraine and in the Case Law of the ECHR

ВБ.1.8.

Вибіркова дисципліна для ОП

Second

2023/2024

1 Semester

3

Have specialized knowledge acquired in the process of studying ways to protect the information rights of citizens, legal entities and public administration entities in Ukraine in the practice of the ECHR. Analyze practical problems related to the practice of protection of information rights in the case law of the ECHR. Be able to organize and develop strategies and tactics to prove and disprove selected legal positions in order to protect violated information rights of the party, to determine the nature of jurisdiction and jurisdiction of specific cases of violation of information rights of individuals or legal entities based on procedural law of Ukraine. Analyze the advantages and disadvantages of judicial and extrajudicial methods of protection of information rights of the individual. Describe the nature and features of the application of criteria for assessing the admissibility of applications to the ECHR.

External form

Prerequisites for mastering the discipline: 1. To know the main aspects of formation and development of the institute of information rights protection of the person, its regulation sources, the basic ways of information rights protection of the person and procedures of their exercising, and also practice of consideration and settlement of information disputes under the legislation of Ukraine. 2. Be able to determine the tasks of the institute of information rights protection of the individual in the information society, analyze the causes of information and legal conflicts, give them a general description, and choose based on Ukrainian legislation and case law the best ways to protect information rights and freedoms. 3. To have basic skills in drafting procedural documents for the information rights protection of the individual, taking into account the peculiarities of the practical situation and with the help of legal methods to resolve disputes arising in the information sphere.

The following issues are revealed in the study of the discipline according to the principle of architecture: 1) general principles of formation and development of the institute of protection of information rights of the person; 2) legal forms and methods of protection of information rights of a person; 3) the general mechanism of judicial protection of information rights of the person; 4) extrajudicial forms and methods of protection of information rights of a person; 5) protection of information rights of subjects of legal relations in the field of public information circulation; 6) protection of information rights of telecommunications market entities, consumers of telecommunications services and entities in the field of software industry; subjects of media relations. New knowledge will be gained on the competence of public administration entities and courts of Ukraine authorized to consider information disputes, case law of the European Court of Human Rights.

1. Zaiarnyi O. A. Extrajudicial forms of protection of information rights of individuals and the main directions of their adaptation to the standards of the European Union. Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies. 2021. No 4 (119). P. 32–37. 2. Zaiarnyi O. A. Towards the issue on Ukraine’s implementation of its international obligations to establish the institution of information ombudsman: some conceptual and applied aspects. Scientific Bulletin of Uzhhorod National University. Series: Law. 2021. Issue 64. P. 213–219. 3. Prospects and current status of defence information security in Ukraine / Zolotar, O. O., Zaitsev, M. M., Topolnitskyi, V. V., Bieliakov, K. I., & Koropatnik, I. M. Linguistics and Culture Review. 2021. Vol. 5, No S3. P. 513–524. 4. Bem M. V., Gorodisky I. M. Personal data protection: Legal regulation and practical aspects : scientific and practical manual. K. : KIS, 2021. 160 p.

The study of the discipline includes lectures, seminars; polls (express survey)/testing/essay (reference paper) on the proposed topic; module tests; self-study, individual assignments; credit (exam).

Types of ongoing performance evaluation are selected by the teacher who conducts seminars, in consultation with the lecturer and in compliance with this program. With the current control during the seminars, the following should be assessed: the level of knowledge demonstrated by a student in response, activity in discussing the issues of the seminar, regular work in the classroom, the results of homework. The teacher who conducts the seminars sets the number of points scored from the current control and enters them in the relevant documents of student performance. If a student is absent for good reasons, he can once complete the missed lesson through an oral interview in extracurricular time (teacher consultation time), solving a practical case, preparing a draft regulation or individual act. According to the results demonstrated the teacher can award up to 5 points.

Ukrainian