FREEDOM OF EXPRESSION IN THE PROCESS OF CONVERGENCE OF THE LEGAL SYSTEM OF UKRAINE WITH THE EU ACQUIS: EUROPEAN STANDARDS, ECTHR PRACTICE AND CHALLENGES OF THE DIGITAL AGE

Abstract

Purpose. The purpose of the study is to provide a comprehensive analysis of European standards for protecting freedom of expression in the context of the convergence of Ukraine’s legal system with the European Union acquis. The study also examines the case law of the European Court of Human Rights concerning the exercise of the right to freedom of expression in the digital environment and identifies the main challenges and prospects for improving Ukrainian legislation in the context of digital transformation and European integration. To achieve this purpose, the study pursues the following objectives: to analyse contemporary approaches adopted by the European Court of Human Rights to the interpretation of Article 10 of the European Convention on Human Rights and to systematise its case law concerning freedom of expression in the digital environment; and to identify the specific features of the convergence of Ukraine’s legal system with the EU acquis in the field of freedom of expression and the implementation of European standards. Methods. The methodological basis of the study is a comprehensive interdisciplinary approach to freedom of expression as a fundamental human right undergoing transformation under the influence of the digitalisation of social relations and Ukraine’s European legal integration. The research draws on human rights theory, constitutional law, European Union law, international law, and the case law of the European Court of Human Rights. The systemic approach made it possible to examine freedom of expression as a complex legal institution connected with the principles of the rule of law, democracy, pluralism, personal data protection, information security, and digital human rights. The formal legal method was used to analyse Article 10 of the European Convention on Human Rights and relevant EU legal instruments. The hermeneutic method was applied to interpret the legal positions of the European Court of Human Rights, while the comparative legal method was used to examine the interaction between international, European, and national mechanisms for protecting freedom of expression. The application of these methods enabled a comprehensive analysis of the legal mechanisms for protecting freedom of expression, an assessment of the role of ECtHR case law in the development of European standards of freedom of expression in the digital environment, and the formulation of proposals for improving Ukrainian legislation in the context of digital transformation and integration into the European Union’s legal order. Results. The study analyses contemporary approaches adopted by the ECtHR to the interpretation of Article 10 of the ECHR and systematises the Court’s case law concerning freedom of expression in the digital environment. It identifies the specific features of the convergence of Ukraine’s legal system with the EU acquis and outlines the principal directions for implementing European standards, ECtHR case law, and EU digital legislation into Ukrainian law in the context of digital transformation and European integration. Conclusions. The study establishes that ECtHR case law and the contemporary EU acquis are shaping new standards for protecting freedom of expression in the digital environment. It substantiates the need for the comprehensive implementation of these standards into Ukraine’s legal system, taking into account the principles of the rule of law, legal certainty, proportionality, effective judicial protection, and European integration.