свобода массовой информации

Social media in the context of Russian and German Constitutional Law	Introduction. The role of social media is objectively increasing in modern digital information space. They are much involved in shaping public opinion while democracy and civil society are being built and developed. Social media also contribute to the freedom of speech guaranteed by the Constitution. In the context of globalization, the development of state legal regulation often turns to the implementation of the rules which have already been tested in other countries. The fast development of relations in the field of social media and piecemeal legal regulation of this field in Russia make the foreign experience highly demanded. Theoretical analysis. Social media is one of the key actors in shaping public opinion. However, the current legislation of the Russian Federation very superficially regulates the legal status of this media institution. In turn, the Federal Republic of Germany has more experience in the legal regulation of social media. Based on a certain proximity of the state and legal mechanisms of Russia and Germany, as well as the high level of development of democratic institutions of the latter, the authors analyzed the status of social media in the constitutional and legal space of these countries in order to study the possibility of adapting the German experience to improve Russian legislation. Empirical analysis. The high degree of influence of social media on public opinion is due to a number of specific characteristics of their creation and functioning: the spontaneous nature of content creation, the high speed of information dissemination, the minimum level of external influence, the easily perceived nature of information. Taken together, these characteristics of the institution significantly complicate the implementation of legal regulation in relation to them, effective and efficient in practice, which also determines the conduct of the study. Results. We have studied common and individual features of the legal regulation of social media in the Russian Federation and the Federal Republic of Germany. Based on our conclusions, we are coming up with several proposals for the improvement of the Russian legislation on social media. Russia has significant weaknesses and conflicts of laws in the sphere of media production and information dissemination. Russian legislation in no way covers the social media not registered as mass media in the manner prescribed by law. In our opinion, the German legislation on social media also has certain deficiencies. However, some rules may be adapted to Russian legislation. Based on our research, we propose to draft a federal law on social media, which would partially reflect German experience.	Izv. Sarat. Univ. Economics. Management. Law, 2021, vol. 21, iss. 1
Essence of Freedom of Mass Information in the Constitutional Law of Russia and Germany	Introduction. Freedom of the media is one of the indicators of the level of development of democracy in a particular state, including the Russian Federation. In order to achieve a real democratic regime in modern Russia, the need for creation of an effective framework for the implementation of constitutional freedom of the media arises. However, despite the high importance of the unhindered circulation of information in society, the concept of media freedom is currently poorly developed in Russian legal science, in contrast to German legal thought. Theoretical analysis. The definition of the essence of freedom of the media today is comprehensive. Freedom in question is at the crossroads of constitutional law, philosophy, political science and sociology. A significant problem is the definition of the nature of freedom of the media as a special case of constitutional freedom. Nevertheless, the establishment of the concept of this freedom seems necessary in order to ensure the normal development of democratic institutions in society and the degree of possible influence of public and private institutions on them. Empirical analysis. The most significant problems in determining the essence of freedom of the media in Russia and Germany are the determination of its relationship with other constitutional freedoms, which are stipulated in the legislation of the countries in question. The most important thing is to determine the relationship between constitutional freedom of the media with freedom of the press and freedom of information in the constitutional legislation of the Russian Federation and the Federal Republic of Germany. Results. On the basis of Russian and German legislation, as well as the views of prominent scientists, it is proposed that the mass media should be understood as individual’s ability, unconditioned by anyone and anything, to be a subject of mass processes of information circulation. In addition, it substantiates the need to separate the concepts of freedom of the media from its closely related freedom of the press and freedom of information.	Izv. Saratov Univ. (N. S.), Ser. Economics. Management. Law, 2020, vol. 20, iss. 1
Constitutional Prohibition of Censorship in Decisions of the Constitutional Court of the Russian Federation	Introduction. For a more thorough understanding of Part 5 Article 29 of the Constitution of the Russian Federation, it is necessary to take into account the positions of the Constitutional Court of the Russian Federation on the content of the constitutional prohibition of censorship. Purpose. To carry out the systematization and generalization of the legal positions of the Constitutional Court on problems related to the implementation of the constitutional prohibition of censorship. Results. Decisions of the Constitutional Court of the Russian Federation devoted to the correlation of the prohibition of censorshipand restrictions on freedom of the media are classified into three thematic groups: 1) censorship and restrictions on freedom of the media in order to protect morality, 2) censorship and protection of honour and dignity of the individual, 3) censorship and restrictions on the freedom of information dissemination provided by legislation on countering terrorism and extremism. The Constitutional Court of the Russian Federation states that restriction on freedom of speech, freedom of mass information should not lead to the loss of the factual content of these freedoms. This restriction should use not excessive, but only necessary measures. The explanations of the Constitutional Court of the Russian Federation of the criticism of political organizations, ideological and religious associations; of statements about the possibility of judgment and reasoning, using the facts of interethnic, interfaith or other social relations in scientific and political discussions and texts; of the need to distinguish the dissemination of information discrediting honor, dignity, business reputation from the discussion of the activities of politicians and officials, are aimed at preserving freedom of the mass media. Conclusions. Proposals are made to change the words of the dispositions of Article 3.1of the Federal Law dated July 25, 2002 No. 114 Federal Law “On Countering Extremist Activity” and Part 1 Article 152 of the Civil Code (Part One) of the Russian Federation dated November 30, 1994 No. 51 Federal Law, aimed at legislative consolidation of the positions of the Constitutional Court of the Russian Federation.	IZVESTIYA OF SARATOV UNIVERSITY. NEW SERIES. SERIES: ECONOMICS. MANAGEMENT. LAW. 2018. vol. 18, iss. 3
Legal Regime of Information Production and Distribution	Developing information technologies enhance production and distribution of messages and materials that contain various data and opinions. However, distributed information can both pursue positive goals and have a destructive impact on individual and social consciousness, be exploited to achieve publicly illegitimate and wrongful goals. Purpose. The author aims at studying and describing legal regime of information production and distribution stipulated by the Russian legislation. Results. The author investigates the subject matter of the constitutional right to produce and distribute information; gives the classification of legal means used to regulate information production and distribution; systematizes major limitations stipulated by the Russian legislation in the sphere. Conclusion. Legal regime of information production and distribution is a set of measures targeted at conditions for citizens, mass media, social organizations and public associations, political parties to exercise their rights to free information production and distribution within the stipulated legal range that ensures security of subjects of information activities.	Известия Саратовского университета. Новая серия. Серия Экономика. Управление. Право. 2015. Т. 15, вып. 4