Features of Legal Regulation of the Right to Freedom of Thought and Word: a Historical Digression

Abstract

The purpose of the article is to study the state of legal regulation of the right to freedom of thought and speech before the proclamation of independence of Ukraine. To this end, we have solved the following tasks: analyzed the historical aspects of the regulation of the right to freedom of thought and speech at the constitutional and other levels; revealed the essential characteristics of the right to freedom of thought and speech, regulated in the Soviet and post-Soviet period; took into account the domestic experience of constitutional and legal regulation of the right to freedom of thought and speech, its positive and negative trends and achievements in modern law-making practice of Ukraine in this area. The methodological basis of the article is the comparative-historical method.  Along with it, philosophical and ideological methods are used, in particular, the dialectical and general scientific methods, namely: the logical method and its formal-logical methods, such as induction and deduction, analysis and synthesis, abstraction.  Special scientific methods, such as comparative law, interpretation of legal norms, legal forecasting, legal modeling, systematic approach, etc., also proved to be appropriate. Scientific novelty. At various times and historical periods, humanity has sought to track the dynamics of freedom of thought and speech, from Soviet censorship, restrictions and prohibitions to modern democratic development, diversity, protection of constitutional rights and freedoms of man and citizen in accordance with existing international legal standards.  At the same time, the forms and guarantees of realization and protection of the right to freedom of thought and speech, its real freedom, as well as the responsibility for their violation depend on the activity of public authorities and corresponding normative regulation of the right to freedom of thought and speech. Past experience allows us to identify and take into account both negative and positive aspects, the need to increase legal culture and legal awareness, to improve existing regulations in this area at the present stage of state formation. Conclusions. Based on the analysis of different stages of development of legal regulation of the right to freedom of thought and speech in Ukraine (Ukrainian SSR) in the XX century, the following trends and patterns can be identified: the spread and subsequent abolition of political and ideological censorship; normative regulation of the print media in the conditions of the «proletariat dictatorship»; improving the legal framework of the Soviet state by giving legal force to international legal acts and establishing criminal liability for prosecuting citizens for criticism; guaranteeing new opportunities for the regulation and implementation of freedom of thought and speech with the appropriate consolidation at the constitutional and legal level in the current period of state formation of democratic legal Ukraine.

Keywords: constitutional law; freedom of thought; freedom of speech; historical development; regulation; implementation.