LIBERTATEA DE EXPRIMARE. FORME SPECIFICE DE REALIZARE ÎN PERIOADA CAMPANIEI ELECTORALE

Abstract

The starting point of the present scientific article is the conditions that justify and stimulates the realization of freedom of speech. The free man has the possibility to express his will and take appropriate action, the limits of which are guaranteed by law, this being possible just in a society in which the public order is protected by the public authorities. The proclamation of freedom in constitutions is a fair value for all citizens without exception, regardless of their role and place in society. Freedom of speech is treated as one of the most important tools for the protection of all human rights and the stability of democracy, whereas it makes it possible to subordinate government activity to the objective need of society. The normative regulation of the rules for conducting the electoral agitation is done by setting the deadline for the realization of the electoral agitation; the conditions of participation of citizens and other subjects of electoral law in electoral agitation; prohibitions and restrictions in the process of electoral agitation; the responsibility for violation of the established procedure for the realization of electoral agitation, etc. In order to ensure a legal and civilized character of the electoral competition and to exclude, or at least, to diminish the cases of legal provisions violations, some prohibitions and restrictions are described in the article. In conclusion, the author presents some aspects which reflect the theoretical and practical problems of the freedom of speech realization process during electoral campaigns.