Legal Principles of the Functioning of Communicative Practices in the Modern Information Society
Authors: Kmetyk-Podubinska Khrystyna Ihorivna 
Published: January 2025

The article is devoted to the study of the legal foundations of the functioning of communicative practices in the modern information society. The author states that modern communicative practices provide ample opportunities for establishing the mechanisms of socio-legal communication. But the technological availability of information use can become a tool for violating human rights and freedoms. On the other hand, there are issues of protection and protection of information, as well as the legality of restricting access to information. Therefore, in the conditions of the active development of public communications, the primary issues are the clarification of the legal basis of the functioning of communicative practices, the state of legal support and the need to improve the legislative regulation of communicative practices. In the context of analyzing the problems of approaches to understanding communicative practices, network society and digital culture as a whole, the works of domestic and foreign researchers are analyzed. The author noted the obvious social changes that caused the emergence of the ideas of digital sovereignty of the state, electronic democracy and electronic governance. The article traces the interdependence of the implementation of the principle of information openness with effective legal support and outlines the principles of functioning of communicative practices of modern society. Why is it necessary to ensure the constitutional level of the digital rights of the individual in the virtual space in the conditions of the functioning of the legal state. The author clarified the main legislative acts that lay the foundations for legal regulation of relations regarding the creation, collection, receipt, storage, use, distribution, protection, and protection of information in modern communication practices. The regulatory framework for the creation and functioning of digital platforms has been identified, the specifics and functions of state digital platforms have been clarified. Emphasis is placed on the issue of effective communication, an important factor of which today is the wide use of communication platforms (platform approach to communication). The success of platforms, according to researchers, is based on their ability to quickly grow and multiply value using network effects (the dependence of the amount of value received by a platform user on the number of users). That is why the legal regulation of the activities of digital platforms should establish the legal status of the entities involved in the activities of digital platforms, as well as the digital platform itself as an object of legal regulation, its features and mode of operation. Thus, the state ensures the transparency of the activities of power structures and solves three extremely important tasks for itself and society: restores citizens’ trust in the official authorities; creates unfavorable conditions for further corrupting society; ensures the implementation of the constitutional rights of citizens in the information sphere.

Key words: information, information society, information relations, right to information, access to information, information function of the state, information security, communication, communicative space, socio-legal communication, communicative practices, communicative platforms.