@misc{Rabìnovič_Petro_Pravo_2023, author={Rabìnovič, Petro and Sadovsʹka, Dìana}, copyright={Copyright by Autorzy, Wydawnictwo Uniwersytetu Wrocławskiego i Wydawnictwo „Szermierz” sp. z o.o., 2024}, address={Wrocław}, howpublished={online}, year={2023}, publisher={Wydawnictwo Uniwersytetu Wrocławskiego}, publisher={Wydawnictwo „Szermierz” sp. z o.o.}, language={ukr}, abstract={The article is devoted to the theoretical and legal analysis of the rights to memory and to be forgotten. It delves into the problems associated with interpreting these rights and the legal provision of their implementation. The importance of memory, in particular historical memory, for the development of society and the need for partial legal regulation of its external manifestations, primarily in the activities of participants in social relations, including the establishment of memorials, days of remembrance, financial support of archives, are substantiated. The purpose of the article is to provide a general theoretical overview of the afore-mentioned natural rights, emphasizing the legal implications on the processes of remembering and forgetting. The actualization of the problem is caused primarily by the rapid development of modern information technologies and the availability of the Internet. The right to be forgotten was created in response to the need to better safeguard the right to respect for one’s privacy and family life. In profession-al periodicals, authors mostly analyze only certain aspects related to the right to be forgotten. Noteworthy scientific works include research by I.V. Thanks-Fateeva, O.V. Kiriak, P.M. Suchorolskyi, R.I. Radeyko, O.M. Kalitenko. However, the right to be forgotten is explored in these publications without reference to the right to remember. Meanwhile, there is a semantic connection between these rights, as forgetting can only occur when something is stored in memory. Without recognizing the right to memory, discussing the right to forget becomes meaningless. The article formulates the author’s interpretation of the concepts of “memory,” “forgetting” and the natural right to them. In particular, the right to memory is the ability of a person or a group of people to take actions aimed at reproducing and objectifying ideas or views about past facts. The right to be forgotten is the ability of a person or group to request the removal of information about certain past facts from the public space. Concerns about the potential misuses of the ability to delete information as a means of con-trolling the digital space by states are justified. It was noted that judicial practice played a significant role in the formation of the right to be forgotten and still actively influences its development and protection. Although there are still not many legal disputes on this issue in Ukraine, the development of Ukrainian law is related to the integration and association of Ukraine and the EU, the application of the ECHR case law in the national judiciary. The active development of information technologies necessitates an appropriate theoretical understanding of the defined human rights.}, type={text}, title={Pravo na pam`âtʹ ì pravo na zabuttâ: zagalʹnoteoretičnij analìz}, doi={https://doi.org/10.19195/2082-4939.14.8}, keywords={memory, the right to memory, the right to be forgotten, digital rights, balance of interests}, }