Development of the legislation on constitutional and legal forms of citizens' political activity that are implemented by information and communication technologies: the experience of Ukraine

Abstract

Introduction. The article examines the evolution of the national legislation of Ukraine during the years of independence from the point of view of the formation of the legal basis for the implementation of forms of political activity of citizens, which are implemented with the help of information and communication technologies (ICT). The main regularities of the formation of national legislation in the researched area are identified, the main stages and directions of its development are highlighted, and the factors that influenced the content and dynamics of the relevant reforms are outlined.

Summary of the main results of the study. The process of building an independent, democratic, legal state in Ukraine is directly related to the formation and development of the legal foundations of the information society, participatory democracy (democracy of participation) and e-governance, and in the context of the foundations of the legal status of an individual - with ensuring the right to participate in the management of state affairs and access to information.

The legislative design of the newly proclaimed independent Ukrainian state took place in the conditions of the rapid transition of the world community from an industrial to an information society, which opened up new opportunities for democratic transit. The formation of the regulatory framework for the implementation of constitutional and legal forms of political activity of citizens, which are implemented with the help of ICT, had a consistent and progressive character, was carried out taking into account the existing technological level and features of the political system, as well as the foreign policy obligations of our state. Electronic democracy tools introduced in accordance with the constitutional legislation of Ukraine today include electronic voting in elections and referenda, electronic petitions, as well as consultations with the public, public hearings and discussion of draft legal acts of public administration bodies with the help of ICT.

Conclusion. The conclusion that the process of formation of a regulatory and legal basis for the implementation of political activity of citizens with the help of ICT can be divided into four stages is justified: 1) preparatory stage (1990-1997) - the stage of formation of the constitutional and legal basis of political activity of citizens of Ukraine in the conditions democratic statehood; 2) the initial stage (1997-2007) - the stage of formation of the constitutional and legal foundations of informatization and development of the information society in Ukraine; 3) the central stage (2007-2018) - the stage of formation of the constitutional and legal foundations of "open government" and "electronic democracy"; 4) the modern stage (2019 to the present) is the stage of intensive development of legislation on legal forms of political activity of citizens using ICT under the leading role of the Ministry of Digital. The development of constitutional and legal foundations for the implementation of political activity of citizens in Ukraine took place and is taking place on a clear doctrinal and conceptual basis, taking into account Ukraine's international obligations and the real state of development of ICT and information relations in the public sphere. As a result, Ukraine is currently at the forefront of democratic states in the world in terms of the use of ICT in the implementation of "open government" and "participatory democracy".