Applied characteristics of the media law in the context of ukrainian media functioning

Actuality of the thesis. The issue of Ukrainian media legal regulation today is extremely important. Unlike European communicative space, where traditions of legal ensuring of the media functioning formed for centuries, this issue is in a state of formation and determination of its local identity in Ukraine. This is due to permanent lack of legal framework for activity of the national press, radio and television, their subordination to ideological attitude, but not legal documents, as in democratic countries. Deficiency of the analysis of applied characteristics of the media law in the context of native media functioning in their assimilation into the European legal framework is stipulated with these reasons. There are practically not the works generalizing experience of legal regulation of native media for decades of state independence of Ukraine.

This theme is actual because of the development of Ukraine as the independent state is realized in conditions of the global information society formation. It predetermines necessity of monitoring of legislation in the sphere of information and its harmonization with new social-economic, political-legal and information realities.

Actuality of the thesis is also determined by the following: existing investigations of normative problems of journalism functioning are in jurisprudential sphere, while explorations conducted in the object field of applied social and communication technologies, with usage of specific methods of analysis and interpretations of the material are practically absent. Categorical apparatus of scientific understanding of the issue requires differentiation and specification.

Connection of the thesis with science programs, plans, themes. It is planned to implement the thesis within the complex scientific-research theme "Journalist Ethics" (state registration number 0108U008428) of the Faculty of Journalism of Academician S. Demianchuk International University of Economics and Humanities named.

The object of the thesis – the system of legal groundwork of the native media functioning.

The subject of the thesis is the content, functioning and prospects of improvement of the media law as a guarantee of Ukrainian media efficiency.

The aim of the thesis is determination of legal preconditions of efficiency of native media functioning in conditions of integration of Ukraine into European information space.

Realization of this aim requires solving of some tasks presented in the structure of the thesis:

- to analyze the state of scientific development of the problem;

- to describe the theoretical bases of its analysis;

- to specify the methodological approach and basic conceptual regulations of the thesis;

- to determine the components of the system of legal regulation of information relations in Ukraine in their specificity regarding the native media functioning;

- to analyze and generalize experience of information relations legal regulation in native media space on different stages of Ukrainian great power statehood development;

- to ground necessity of usage of experience of international information legal regulation for improvement of the native media functioning;

-to investigate the prospects for improvement of legal regulation of Ukrainian media functioning;

- to make proposals concerning of legal regulation of information relations in Ukraine.

Methods of investigation. Methodological basis of the thesis consists of totality of general, sectoral and special scientific methods that make it possible to solve complex tasks and achieve the aim of the thesis. The system approach is the base methodological foundation that allows proving interconnection and interconditionality of social-political processes of journalist activity, its institutional and legal support as elements of the complex system of society. The genesis of scientific views devoted to individual aspects of the broken range of problems, development of international standards of regulation of information relations are investigated with the help of the dialectical and historical approach. The formal-logical method allows to determine the role and place of information and media legislation as a part of its component of the legal system in Ukraine, their characteristics and importance for society, and also to concretize the specify the conceptual-categorical apparatus of scientific understanding of the issue. Statistical and comparative legal methods are used to define the international legal principles of regulation of public information relations and information legal relations in several countries. The method of comparative legal analysis is in the basis of the thesis and comparison of national and international information legislation and we can identify specific legal regulation of information relations in Ukraine with the help of this method. These acts regulate information relations, clarify content and meaning of the terms used in these acts, substantiate conclusions and proposals concerning their modification and amendments. By means of the method of expert assessments it is possible to make clear positions of information range of problems concerning efficiency of normative-legal regulation of native media. The predicted analysis is used to formulate assumptions as to the tendencies of the law regulation of native media activity.

Theoretical and legal basis of the thesis are the Laws of Ukraine "About Information", "About printed Mass Media (Press) in Ukraine", "About Television and Radio", "About Information Agencies", "About State Secret", "About Protection of Public Morality", "About Modifications and Amendments to Legislative Acts of Ukraine Concerning Protection of Honour, Dignity and Business Reputation of Citizens and Organizations", "About National Council of Ukraine Concerning Television and Radio", "About State Support of Mass Media and Social Protection of Journalists", "About the Order of Editorial Publicity of State Authorities and Local Self-Government in Ukraine", "About the System of Public Television and Radio of Ukraine" and other national and international legislative acts and documents.

The practical significance of the thesis is that collected materials, their analysis and theoretical generalization can be used to improve legal regulation of journalist activity; establish its norms in national legislation; in development of lectures, practical, school-books, textbooks and methodical guidelines of journalistic ethics, information laws, theory of journalism and etc.