Protection of the rights of subjects of information legal relations from violations on the Internet

Abstract

Abstract. The purpose of the scientific article is a theoretical and applied analysis of protecting the rights of subjects of information legal relations from violations on the Internet, as well as making suggestions for eliminating individual problems. Research methods. Research methodology consists of a complex of general scientific and special methods of data acquisition, as follows: systems approach, cybernetic and synergetic methods, formal legal method, legal comparativism, and observation as the common sociological method. Results. It is noted that peculiarities of the Internet environment create significant risks to human rights violations, so they should be in state focus. This forms the basis for the solid support of the need to regulate Internet legal relations emphasizing the guarantee and protection of the participants’ rights without resorting to Internet paternalism, which impedes the technological development of the state or puts major segments of relations in the shade. Conclusions. The authors propose to change the terminological approaches and apply the phrase “protection of the rights from Internet violations” or “protection of the rights from violations on the Internet” instead of “protection of the rights on the Internet”, which mediates both the scientific side of the problem and the exclusively practical side of such protective legal relations. The article substantiates a viewpoint on the necessity to enshrine in law the obligation for transnational information companies to have an official representative office in Ukraine. The above would provide additional opportunities to protect the rights of subjects of information legal relations, incl. by litigation. At the same time, it is supported legislative initiatives on taxation of multinational information companies in Ukraine, which is now a global trend. The authors have elucidated that strict state control over the information space is possible and widely implemented in totalitarian (authoritarian) regimes, but is not tolerated by democratic societies. Self protection measures are being strengthened within information systems, including at the corporate level. If one uses financial levers, then the means of a financial liability are most cceptable, taking into account the profits of information giants.