{"title":"建立一个保护选举过程中言论自由的法律框架","authors":"B. Mokhonchuk, Pavlo Romaniuk","doi":"10.1515/bjes-2019-0021","DOIUrl":null,"url":null,"abstract":"Abstract In democratic countries, attention is devoted to the issue of freedom of speech and freedom of expression and the role of public authorities during elections. Today, freedom of speech and freedom of expression are guaranteed at both the international and national levels. The international community has created a significant number of international agreements and acts of “soft law” on standards of freedom of expression. In particular, the Code of Good Practice in Electoral Matters establishes as the first general condition for democratic elections the respect for fundamental human rights, and particularly freedom of expression, assembly and association, without which there can be no true democracy. On the one hand, the problem of ensuring freedom of expression during elections is caused by the wider limits of permissible criticism of candidates and the importance of coverage of the election process. On the other hand, it is caused by restrictions on the conduct of election campaigning and the necessity to provide equal access to the media for the subjects of the electoral process. In this context, it is important to find a balance between the right to free elections, freedom of speech and other rights, freedoms and interests of the subjects of the electoral process. This article researches the modern problems of national legal guarantee of the freedom of speech and the freedom of expression and international electoral standards on the protection of freedom of speech and freedom of expression in the electoral process.","PeriodicalId":42700,"journal":{"name":"Baltic Journal of European Studies","volume":"9 1","pages":"43 - 62"},"PeriodicalIF":0.0000,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Towards a Legal Framework That Protects Freedom of Expression in Electoral Processes\",\"authors\":\"B. Mokhonchuk, Pavlo Romaniuk\",\"doi\":\"10.1515/bjes-2019-0021\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract In democratic countries, attention is devoted to the issue of freedom of speech and freedom of expression and the role of public authorities during elections. Today, freedom of speech and freedom of expression are guaranteed at both the international and national levels. The international community has created a significant number of international agreements and acts of “soft law” on standards of freedom of expression. In particular, the Code of Good Practice in Electoral Matters establishes as the first general condition for democratic elections the respect for fundamental human rights, and particularly freedom of expression, assembly and association, without which there can be no true democracy. On the one hand, the problem of ensuring freedom of expression during elections is caused by the wider limits of permissible criticism of candidates and the importance of coverage of the election process. On the other hand, it is caused by restrictions on the conduct of election campaigning and the necessity to provide equal access to the media for the subjects of the electoral process. In this context, it is important to find a balance between the right to free elections, freedom of speech and other rights, freedoms and interests of the subjects of the electoral process. This article researches the modern problems of national legal guarantee of the freedom of speech and the freedom of expression and international electoral standards on the protection of freedom of speech and freedom of expression in the electoral process.\",\"PeriodicalId\":42700,\"journal\":{\"name\":\"Baltic Journal of European Studies\",\"volume\":\"9 1\",\"pages\":\"43 - 62\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-09-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Baltic Journal of European Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1515/bjes-2019-0021\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Baltic Journal of European Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/bjes-2019-0021","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Towards a Legal Framework That Protects Freedom of Expression in Electoral Processes
Abstract In democratic countries, attention is devoted to the issue of freedom of speech and freedom of expression and the role of public authorities during elections. Today, freedom of speech and freedom of expression are guaranteed at both the international and national levels. The international community has created a significant number of international agreements and acts of “soft law” on standards of freedom of expression. In particular, the Code of Good Practice in Electoral Matters establishes as the first general condition for democratic elections the respect for fundamental human rights, and particularly freedom of expression, assembly and association, without which there can be no true democracy. On the one hand, the problem of ensuring freedom of expression during elections is caused by the wider limits of permissible criticism of candidates and the importance of coverage of the election process. On the other hand, it is caused by restrictions on the conduct of election campaigning and the necessity to provide equal access to the media for the subjects of the electoral process. In this context, it is important to find a balance between the right to free elections, freedom of speech and other rights, freedoms and interests of the subjects of the electoral process. This article researches the modern problems of national legal guarantee of the freedom of speech and the freedom of expression and international electoral standards on the protection of freedom of speech and freedom of expression in the electoral process.
期刊介绍:
Baltic Journal of European Studies (abbreviation BJES) is a semiannual double blind peer-reviewed international research journal (formerly known as Proceedings of the Institute for European Studies) with an international editorial office and extensive international editorial board, abstracted in EBSCO and other relevant databases.The scope of the journal comprises a wide spectrum of social, political, economic and cultural issues related to recent developments in the European Union and its member states.