Everyone is guaranteed freedom of speech. Art. 29 of the Constitution of the Russian Federation secures this guarantee at the highest legislative level. Let us further consider the content and features of the application of the norm.
Art. 29 of the Constitution of the Russian Federation: general information
The norm enshrines the basic provisions related to freedom of speech. At the same time, both prohibitions and rights are established. In particular, in part 2 of Art. 29 of the Constitution of the Russian Federation prohibited propaganda or agitation aimed at inciting national, racial, religious hatred and enmity. Propaganda of linguistic, national, social, religious superiority is not allowed.
Part 3 enshrines a ban on forcing a person to express their beliefs, opinions or to refuse them.
According to part 4 of article 29 of the Constitution of the Russian Federation , everyone is free to search, transmit, distribute, produce, search for information using legal methods. Federal law sets out a list of data that is a state secret.
In v. 29 of the Constitution of the Russian Federation the freedom of speech of the media is enshrined. Censorship is prohibited in Russia.
Art. 29 of the Constitution of the Russian Federation with comments
In legal terms, freedom of thought implies the non-interference of state power in the formation of the individual’s beliefs and opinions, protection from any other interference. The guarantees enshrined in Art. 29 of the Constitution , also suppose the prohibition of any ideological dictatorship, control or violence over a person.
Freedom of speech should be considered the opportunity, without any obstacles, to express beliefs and opinions on various issues of state, public or any other nature through oral or written speech, at rallies, meetings and other forms.
Freedom of expression
This legal category is fixed at the international legal level. It includes freedom to hold one’s own opinion, the ability to seek, receive, disseminate ideas, information by any means without interference from the authorities and regardless of state borders.
The principle of freedom of expression formed the basis of other freedoms and rights. These include, first of all, active suffrage, which can be implemented, including through participation in referenda; petition right, freedom of creativity, right to education, freedom of conscience.
Limitations
The principles enshrined in Art. 29 of the Constitution are extremely important for the real realization of the freedom of every person. Meanwhile, it cannot be limitless.
The word is one of the key means of communication. It can have a huge impact on the behavior and consciousness of others. The word is capable of destroying and creating, calling for progress or violence, degrading dignity or contributing to the improvement of cultural level. All this necessitates the determination of not only legal, but also moral restrictions on freedom of speech.
Responsibility for violations of prohibitions
In 2 parts of Art. 29 of the Constitution , legal barriers to abuses of freedom of speech are fixed. Despite the fact that they are formulated in a general form, they quite definitely determine the direction of the individual's behavior. Violation of the prohibitions established by Art . 29 of the Constitution , entails liability.
In particular, article 282 of the Criminal Code provides for punishment for acts aimed at inciting hostility or hatred, humiliating the dignity of an individual or social group based on race, gender, religion, belonging to any association, committed using the media or publicly.
In the preamble of the Federal Law No. 1807-1 there is an indication of the inadmissibility of propaganda of neglect or hostility to any language used in Russia, the creation of obstacles or privileges contrary to the law, when using languages, as well as other violations of existing norms.
Opinions and beliefs
They reflect the content of human consciousness, his inner world, determine individuality. Opinions are considered a moving element of consciousness. Beliefs are a stable belief system that characterizes the value orientations of the individual.
Freedom of speech and thought, enshrined in Art. 29 of the Constitution , means not only the human right to express one’s beliefs and opinions without any obstacles, but also the inadmissibility of any coercion to do so or to refuse to express one’s thoughts. This prohibition must be observed by all participants in public relations. Among them are state bodies, structures of territorial power, political associations, etc.
By fixing restrictions in the Constitution, the legislator ensures the protection of the human inner world, guarantees the development of the individual, the ability to change his beliefs, but not as a result of coercion, but at his own discretion in the course of a free discussion, study of reality, discussion of ideas, etc.
Judicial Practice Issues
When applying the provisions of Article 29 of the Constitution, the question arises of how to achieve in a particular case that the requirements for the protection of a good name and honor of an individual do not contradict the interests of free discussions on political issues? The solution to this issue falls within the competence of the authorities of general jurisdiction.
In the proceedings on the protection of dignity and honor, the court must establish not only the reliability of the information, but also the nature of its distribution. Given this, the court decides whether the actions of the subject harm the values protected by the Constitution, and whether the limits of free discussion are violated.
Institutions of general jurisdiction can and must ensure balance in the exercise of the rights to protect dignity and honor and freedom of speech.
Access to the information
Derived from the right to freedom of speech is the ability to search, disseminate information, disseminate and receive it, guaranteed by Art. 29 of the Constitution of the Russian Federation (4 part of the article). It can be implemented in various ways: in the process of interpersonal communication, through the media, through the use of material data carriers, in educational institutions, at rallies, meetings, clubs, gatherings of citizens, etc.
The main condition for the implementation of the law established in paragraph 4 of Art. 29 of the Constitution of the Russian Federation , is the legality of ways. Actions are recognized legal if they do not violate the requirements enshrined in regulatory enactments. This, in particular, is about the laws governing the activities of the media, the organization and holding of mass events, etc.
Search and retrieve information
Rights secured by Part 4 of Art. 29 of the Constitution of the Russian Federation , are specified in various federal laws. For example, Federal Law No. 2124-1 contains Art. 38. It states that all citizens have the right to promptly receive reliable information through the media about the work of government agencies, organizations, their officials, etc. These data are provided at the request of editorial offices, at press conferences, and so on.
Individuals and legal entities can seek and receive any information in any form from any sources in compliance with the requirements provided for in federal laws. An exception is established only for information with limited access constituting a secret (state, commercial, etc.).
Use of Information
The Constitution guarantees the free transfer, dissemination, and production of information by legal means. Accordingly, any monopoly of state power on this is excluded.
The means of disseminating information may be public, public or private. This is confirmed by the provisions of federal laws. For example, article 7 of the Federal Law No. 2124-1 provides for the right of a citizen, organization or state body to become a founder of a media outlet if it meets the established requirements.
Cannot act as a founder of the media:
- minor citizen;
- a person who has been declared legally incompetent or is serving a jail sentence;
- public organization, institution, association of citizens whose activities are prohibited by law;
- a foreigner or a stateless person who does not reside on the territory of the Russian Federation permanently.
Confidentiality
The right to disseminate information by legal means implies the need to comply with certain restrictions on access to data protected by law. This is directly stated in part 4 of article 29 of the Constitution. The norm says that the list of information constituting state secrets is determined in federal law. Speech, in particular, on the Federal Law No. 5485-1.
The specified normative act defines the list of protected information in the field of economics, foreign policy, science, technology, foreign economic, counterintelligence, operative-search, intelligence activities, in the military field. For their disclosure, liability is established, including criminal. Here, however, one nuance should be taken into account. By virtue of the provisions of part 4 of article 29 of the Constitution, criminal punishment for the disclosure of state secrets is allowed if the list of information referred to it is published in an official public source.
Enforcement decisions, which include a court sentence, cannot be based on unpublished normative acts. This provision follows from part 3 of article 15 of the Constitution. An important condition for the application of regulatory documents is their publication. They should be available to all interested parties.