DIGITAL PERSONAL RIGHTS: BASIS OF FORMATION AND DEVELOPMENT PERSPECTIVES

Abstract

The purpose of the article is to establish the normative basis for the formation of a system of digital rights of the individual in Ukraine, to develop author's approaches to establishing the content and criteria for building their system, to substantiate the features of the digital rights of the individual in the system of constitutional rights of the individual. It has been established that one of the results of the development of information technologies is the introduction and possibility of implementation of one of the fundamental principles of electronic governance, which is the principle of transparency in the adoption of administrative acts, publicity of the activities of powerful entities, etc. It was found that in the 21st century there was a final transition from an industrial society to an information society, which is built on the application of digital technologies, which requires research attention to establish the concept, content and system of digital rights of the individual. It was established that the following should be included among the positive characteristics of Ukrainian society: the introduction of electronic governance mechanisms, which consist in the operation of national registers, databases with the development of access mechanisms to them for the public and interested persons; introduction of a digital signature of a person, which allows to ensure electronic document flow; functioning (and quite successful) of the electronic justice system through access to the Unified State Register of Court Decisions, the Unified Judicial Information (Automated) System and other information services and resources. It was emphasized that the development of the Ukrainian state is inextricably linked with the further introduction of digital technologies into public and administrative legal relations and requires further rule-making activities to guarantee the digital rights of individuals, which, in particular, is determined by the requirements of the Association Agreement between Ukraine, on the one hand, and the European Union, by the European Atomic Energy Community and their member states, on the other hand, where it is stated that one of the areas of cooperation is the promotion of wide access, improvement of network security and wide use of information and telecommunication technologies by private individuals, businesses and administrative bodies through the development of local resources Internet and implementation of online services, including e-business, e-government, e-health and e-learning. It was concluded that the digitalization of public administration is connected with the integration of digital technologies into public legal relations, where the regulation of the digital rights of a person is of great importance. It is emphasized that the realization of digital rights of a person in Ukraine takes place on such information resources as e-Health, e-education, e-transport. It is emphasized that the appropriateness and effectiveness of the implementation of a person's digital rights directly depends on the level of their regulatory and legal support, which requires systematic, comprehensive law-making activity. It was concluded that the direction of scientific research should pursue the functional goal of ensuring the comprehensiveness and completeness of the regulation of the implementation and protection of a person's digital rights, which are connected with the establishment of the status of a physical and legal entity in its relationships both in the field of public-management relations and in the field of satisfaction property and personal non-property interests.