The significance and implementation of administrative and legal mechanisms for controlling the information space in order to protect the foundations of the constitutional system

In this article, the authors examine the issues related to administrative and legal regulation of information dissemination in the context of protecting the foundations of the constitutional order. The subject of the study is the administrative legal norms that establish liability for disseminating information in violation of the prescribed order through the lens of protecting constitutional values. The authors discuss the problem of freedom of mass media through the prism of fundamental constitutional principles. They develop a scientific concept of balancing the right to freedom of information and ensuring national security. The work analyzes and compares the existing constitutional and administrative norms in the field of information dissemination. Based on this analysis, the authors raise the question of the limits of the right to freedom of information dissemination and the role of administrative legal mechanisms in this context. The study also explores the practice of the Constitutional and Supreme Courts regarding the stated topic. The methods of legal interpretation and formal-legal methods are used, which allow for an interpretation of Chapter 1 of the Constitution, Article 29 of the Fundamental Law of the country, and the formulation of the authors' own concept. The work investigates 22 scholarly sources from domestic researchers on the subject. In particular, this includes the works of Avakyan S.A., Balekina V.S., Jafarova N.T., and other researchers. In one way or another, these authors and others have previously raised the issue of the inadmissibility of abusing the right to disseminate information. The main conclusions of the authors are their own conceptualization of the balance between the right to disseminate information and ensuring national security. The analysis of constitutional norms allows for the assertion that the realization of other constitutional values is impossible without ensuring national security. At the same time, restrictions on the right to disseminate information should only occur in the face of real and specific threats to fundamental constitutional values, not imaginary ones. The conclusion is drawn regarding the priority of national security within the system of constitutional values, which should be regarded as a guiding principle in the administrative legal mechanisms of liability for violations of the information dissemination order. Based on the analysis of existing constitutional principles, the authors present their own conclusion regarding the feasibility of current administrative and legal restrictions in the area of information dissemination and the mechanisms of administrative liability for violations of the established order of information dissemination.

Information, Freedom of the media, Constitutional values, Administrative responsibility, Administrative offense, Protection of the constitutional order, State security, The balance of constitutional values, Human rights, Administrative and legal regulation