THE IMPACT OF THE PROBLEMS OF DETERMINING JURISDICTION IN THE VIRTUAL SPACE ON THE PROVISION OF HUMAN RIGHTS AND FREEDOMS

Анотація

In many cases, the existing legal regulations are not adequate to solve the
legal problems created by the Internet. Solving the legal problems created by the
Internet with existing positive regulations is a situation specific to the special field of
law. In cases where the existing normative documents are insufficient, it is
considered appropriate to add new provisions that complement each other, and if
this is not possible, to make independent legal regulations. The fact that such
arrangements are based on doctrine rather than spontaneity can ultimately lead to
successful practice. Therefore, the interpretation of the human rights aspect of
issues related to virtual space is one of the most important topics today.
The most important issue related to the protection of human rights violated in
the virtual space is the resolution of the issue of jurisdiction. Issues related to the
Internet have also been reflected in all international declarations adopted in the
field of information society construction, including the provision of information
rights. At the regional level, the Declaration "On Freedom of Communication on the
Internet" adopted by the Committee of Ministers of the Council of Europe in 2003,
the Recommendations of the Committee of Ministers of the Council of Europe on the
Human Rights Guide for Internet Users to Member States, etc. such documents are of
special importance for the regulation of Internet legal relations. However, no
international norm fully covers the issue of jurisdiction in virtual space.
In the presented article, as a result of the research, it was concluded that it is
necessary to create unified substantive and procedural legal norms that are
mandatory for all in order to solve jurisdictional problems in the virtual space.
Acceleration of integration and globalization processes in the world increases the
interest of states in the unification of their legal norms. Because the countries of the
world, which often protect their citizens from violations of their rights on the
Internet, as well as from more dangerous information wars and psychological
attacks, need the existence of a unified legal regulation. For this purpose, the
creation and unification of legal norms that resolve jurisdictional issues in the
virtual space should be implemented at different levels: bilateral, regional and
universal levels