ABSTRACT
Socio-legal studies have become increasingly relevant, especially in times of crisis, as seen with Russia’s invasion of Ukraine, explaining how to protect vital human rights, such as liberty and security, freedom of expression, access to information, and legal certainty. Since crises redefine the discourses and methods of implementing human rights, especially those that pertain to the Russia-West divide, it is essential that the focus of research examines how knowledge is constructed and transmitted. Thus, we investigate how the law can control information, restricting citizens from influencing public affairs, particularly in regard to the ongoing war, which the authorities refer to as a special military operation. We study legal amendments that have restricted the free flow of information since 2012.
With the analytical lens of asymmetrical information, this book presents a nuanced account of how legal amendments in Russia are tightening the freedom of expression. Asymmetrical information is approached now as data that are moulded and communicated in a particular manner. Controlling the information flow determines the scope of data release (in full, in part, or not at all), as illustrated on 22 February 2023 legislative amendments empowering the government to decide on limiting access to statistical information, including economic forecasts. No less significant is the fact that the authorities decide how information shall be formulated for release to the public.
This book analyses how legal amendments are formulated by lawmakers, interpreted by the Constitutional Court, and applied by courts of law in cases when citizens address the latter to protect their rights to access information. The analysis applies George Akerlof’s theory of asymmetrical information against the background of general ontological views on freedom of expression and more specific framework theories of the dual state and legal dualism, tied together by the analytical framework of the legitimation code theory. Textual analysis that incorporates a social context is utilised as well.
