Law of Ukraine
ON INFORMATION
chapter I
general provisions
chapter II
information activities
chapter III
branches, types, and sources of information
chapter IV participants in information relationships, their rights
and responsibilities
chapter V protection of information
responsibility for breaches of information laws
chapter VI international information activities
cooperation with other countries, foreign and international organizations
in the information sphere
(VVR, 1992, #48, p. 650; enacted by VR Resolution #2658-12
( 2658-12 ), of 02.10.92, VVR, 1992, #48, p. 651)
Leonid Kravchuk, Chairman of the Verkhovna Rada of Ukraine
City of Kyiv, October 2, 1992. #2657-XII
This Law asserts the rights of citizens of Ukraine to information,
setting forth the legal principles of activities in the information sphere.
Proceeding from the Declaration of National Sovereignty (55-12) and the
Act of Proclamation of Independence, this Law asserts Ukraine's information
sovereignty and determines the legal forms of international co-operation
in the sphere of information.
CHAPTER I
GENERAL PROVISIONS
Article 1
Definitions
Information in the context of this law shall be understood
as documentary or publicly announced information about events and phenomena
occurring in society, the state, and the environment.
Article 2
Objective and Tasks of the Law
This Law establishes the general legal principles of receiving,
using, disseminating, and storing information, affirming the right of
the person to information in all spheres of public and political life
of Ukraine and the system of information, its sources, determining the
status of participants in information relationships, regulating access
to information and securing its protection, protecting the person and
society from corrupt information.
Article 3
Scope
This Law shall apply to information relationships in all spheres
of life and activities of society when receiving, using, disseminating,
and storing information.
Article 4
Laws on Information
The laws of Ukraine on information shall consist of the Constitution
of Ukraine (888-09), this Law, elements of law relating to certain branches,
types, forms, and means of information, international treaties, and agreements
ratified by Ukraine, and principles and norms of international law.
Article 5
Basic Principles of Information Relationships
The basic principles of international relationships shall
be as follows:
guaranteed right to information;
openness, accessibility, and the freedom of exchange of information;
unbiased and authentic information;
completeness and accuracy of information;
legitimacy of receipt, use, dissemination, and storage of information.
Article 6
National Information Policy
The national information policy shall be understood as a system
of guidelines and methods of activities of the state, aimed at receiving,
using, disseminating, and storing information.
The following shall be the guidelines and methods of state
[government] information activities:
securing citizens' access to information;
setting up national information systems and networks;
enhancing the technical, financial, institutional, legal, and scientific
foundations of information activities;
measures to secure effective use of information;
assistance in constantly updating, expanding, and preserving the national
information resources;
establishment of a general system of data protection;
measures to assist international co-operation in the information sphere
and guarantees of Ukraine's information sovereignty.
The national information policy shall be worked out and implemented by
bodies of state authority with common jurisdiction and by those with
special jurisdiction.
Article 7
Subjects of Information Relationships
The following shall be subjects of information relationships:
citizens of Ukraine;
juridic persons;
the state.
Subjects of information relationships under this Law may also be other
countries, their citizens, juridic persons, international organisations,
and stateless persons.
Article 8
Objects of Information Relationships
Objects of information relationships shall be documentary
or publicly announced information about events and phenomena in politics,
economy, culture, as well as in the social, economic, international,
and other spheres.
Article 9
The Right to Information
All citizens, juridic persons, and government bodies of Ukraine
shall have the right to information, envisaging the possibility of free
receipt, use, dissemination, and storage of any such data as may be required
for the implementation of their rights, freedoms, and lawful interests,
as well as for carrying out their tasks and discharging their functions.
The implementation of the right to information by citizens,
juridic persons, and the state shall not infringe on the political, economic,
social, cultural, ecological, and other rights, freedoms, and lawful
interests of other citizens, as well as the rights and interests of juridic
persons.
Each and every citizen shall be ensured free access to information
relating to that citizen, except in cases envisaged by the laws of Ukraine.
Article 10
Guarantees of the Right to Information
The right to information shall be secured by:
executive, local, and regional self-government authorities
being under the obligation to inform about their performance and decisions;
setting up special information services or systems within government
bodies, meant to secure access to information in keeping with set procedures;
free access of the subjects of information relationships to statistics,
archives, libraries, and museums, with access restrictions possible only
due to the specificities of values [valuables] thus stored and those
of their storage as determined by the law;
development of a mechanism of implementing the right to information;
government control over the observance of the laws on information;
establishment of responsibility for transgressors of the laws on information.
Article 11
Information Language
The language of information shall be determined by the Law "On
Languages in Ukraine" (8312-11), other elements of law in this sphere, and international treaties
and agreements ratified by Ukraine.
CHAPTER II
INFORMATION ACTIVITIES
Article 12
Definition of Information Activities
Information activities shall be understood as actions aimed
supplying information needs of citizens, juridic persons, and the state.
In order to satisfy these needs, central government and local
and regional self-government authorities shall set up information services,
systems, databases, and data banks.
The procedures of their formation, their structure, rights,
and obligations shall be determined by the Cabinet of Ministers of Ukraine
or other organs of state authority and local and regional self-government.
Article 13
Guidelines of Information Activities
The following shall be the guidelines of information activities:
political;
economic;
social;
cultural;
ecological [environmental];
scientific research;
international, et al.
The state shall be under the obligation to take constant measures to
timely create, effectively operate, and develop information systems,
networks, databases, and data banks in all spheres of information activities.
The state shall guarantee the freedom of information activities
to all citizens and juridic persons in keeping with their rights, freedoms,
functions, and powers.
Article 14
Basic Types of Information Activities
Receipt, use, dissemination, and storage of information shall
be the basic types of information activities.
Receipt of information shall be understood as obtaining, acquiring,
and accumulation of documentary or publicly announced information by
citizens, juridic persons or the state in accordance with legally established
procedures.
Use of information shall be understood as supplying the information
needs of citizens, juridic persons, and the state.
Dissemination of information shall be understood as making
documentary or publicly announced information known, selling, and otherwise
distributing it in keeping with legally set procedures.
Storage of information shall be understood as measures to
secure the proper condition of information and data-carrying media.
Receipt, use, dissemination, and storage of documentary or
publicly announced information shall be carried out in accordance with
the procedures set forth in this Law and other elements of law in the
sphere of information.
Article 15
Professional Training in the Information Sphere
Conditions shall be provided in Ukraine for professional training
in the sphere of information activities, using its system of educational
establishments.
The procedures of setting up institutions of learning specialising
in information (journalism, statistics, library science, archives, research
and information, informatics, computers, etc.) and operating principles
shall be governed by the Law of Ukraine "On Education" (1060-12) and other legislative acts.
Article 16
Organisation of Research in the Information Sphere
To secure the effective operation and development of national
information systems in Ukraine, fundamental and applied research programs
shall be carried out in the sphere of information.
To this end, research and progressive information technology
centres, divisions, associations, etc., shall be established, including
ones with foreign investment.
Fundamental and other research programmes, as well as projects of national
importance at research centres and educational establishments hall be
financed by the state budget, own funds, and those of customers.
Applied research programmes and developments shall be financed
on a contractual basis, as a rule, and their results may be subject to
exchange relations.
CHAPTER III
BRANCHES, TYPES, AND SOURCES OF INFORMATION
Article 17
Information Branches
Information branches shall be understood as documentary or
publicly announced information relating to relatively independent spheres
of life and activities of society and the state.
The following shall be the key information branches:
political;
economic;
cultural;
research and technology;
social;
ecological [environmental];
international.
Article 18
Types of Information
Information types shall be as follows:
statistical;
mass;
information reflecting the performance of central government and local
and regional self-government authorities;
information relating to the law;
information relating to the person;
reference-encyclopaedic information;
information relating to social studies.
Article 19
Statistical Information
Statistical information shall be understood as official documentary
information with quantitative characteristics of events and phenomena
taking place in the economic, social, cultural, and other spheres of
life in Ukraine.
Official statistical information shall be made public on a
systematic basis.Citizens, educational establishments, and other interested
organisations shall be secured access to statistical data that are not
published provided they are not subject to restrictions set forth in
this Law.
The system of statistical information, its sources, and regime
shall be determined in accordance with the Law of Ukraine "On Government Statistics" (2614-12) and other legislative acts in this field.
Article 20
Mass Information and its Means
Mass information shall be understood as publicly disseminated
printed and audio-visual information.
Printed means of mass information shall be understood as periodicals
(the press), magazines, journals, bulletins, etc., as well as separate
editions with certain print runs.
Audio-visual means of mass information shall be understood as radio,
television, motion pictures, soundtracks, audio and video records [cassettes],
etc.
The procedures of forming (founding) and organising certain means of
mass information [mass media] shall be determined by the relevant elements
of law.
Article 21
Information Provided by Central State Organs and Local and
Regional Self-government Authorities
Information from central state organs and local and regional self-government
authorities shall be understood as official documentary information
developed in the course of legislative, executive, judicial, and local
and regional self-government authorities' current activities.
The main sources of this information shall be:
legislative acts of Ukraine;
other documents enacted by the Verkhovna Rada and its organs;
acts of the President of Ukraine;
bylaws;
non-normative acts;
acts of local and regional self-government authorities.
Information from central state organs and local and regional
self-government authorities shall be made known to the interested parties
by way of:
publication in official editions and dissemination by the information
services of relevant government bodies and organisations;
publication in periodicals or announcements using audio and
audio-visual means of mass information [radio and television];
direct communication with the interested parties (orally,
in writing or otherwise);
providing access to archives;
public speeches of government officials.
The sources and procedures of receiving, using, disseminating,
and storing official information from central state organs and local
and regional self-government authorities shall be determined by elements
of law relating to these authorities.
Legislative and other normative acts relating to the rights, freedoms,
and lawful interests of citizens shall have legal force only when made
public knowledge.
Article 22
Information Concerning the Law
Information concerning the law [1] shall be understood as documentary
or publicly announced information about laws, the legal system, sources,
implementation, legal circumstances, legal relationships, law and order,
transgressions, and ways to combat and prevent them, etc.
The sources of information concerning the law shall be the Constitution
of Ukraine (888-09), [2] other elements of law and bylaws, international
treaties and agreements, norms and principles of international law,
as well as non-normative instruments, announcements carried by the
media, public appearances, and other sources of information concerning
the law.
In order to secure all citizens access to legislative and other normative
acts, the state shall provide for their mass publication within the
shortest possible time since their enactment.
Article 23
Information about the Person
Information about the person shall be understood as documentary or publicly
announced information about the person. Basic information about the
person (personal data) shall include:
nationality; [3]
education;
marital status;
creed;
bill of health;
address;
date and place of birth.
The sources of information about the person shall be documents
issued in his/her name and signed by that person, and personal data collected
by organs of state power and local and regional self-government authorities,
acting within their respective competence.
Collection of personal data without a given person's prior consent shall
be prohibited, except in cases envisaged by the law. Each and every
person shall have the right to familiarise him/herself with the information
about that person.
Information about the person shall be protected by this Law.
Article 24
Reference and Encyclopaedic Information
Reference and encyclopaedic information shall be understood as systematised,
documentary or publicly announced information about public and state
life, as well as about the environment. The main sources of this information
shall be:
encyclopaedias,
dictionaries,
reference books,
ads and commercials,
guidebooks, and
references provided by competent authorities and organs of local and
regional self-government, citizens' associations, organisations, their
officials, and automated [processor-controlled] information systems.
The system of this information and access thereto shall be
regulated by the laws on libraries, archives, as well as by other branch
[sectoral] laws.
Article 25
Information Relating to Social Studies
Information relating to social studies shall be understood as documentary
or publicly announced information reflecting the attitude of certain
citizens and social groups to social events, phenomena, processes,
and facts. The main sources of information relating to social studies
shall be documentary or publicly announced information reflecting the
results of polls, observations, and other social studies.Social studies
shall be carried out by bodies of the state and citizens' associations
registered in keeping with established procedures.
Article 26
Sources of Information
Sources of information shall be understood as information carriers envisaged
o established by the law: documents and other data media in the form
of material objects capable of storing information, as well as information
provided by the mass media and contained in public appearances [speeches].
Article 27
Documents in Information Relationships
A document shall be understood as a legally envisaged material form of
receipt, storage, use, and dissemination of information by committing
it to paper, recording it on a magnetic tape, film, video tape, or
placing it in other media. A primary instrument shall be understood
as a document containing output data. A secondary instrument shall
be understood as a document resulting from an analytical synthesis
and other processing of one or several documents.
Article 28
Information Access Modes
Information access modes shall be understood as legally established procedures
of receiving, using, disseminating, and storing information. In terms
of access mode, information shall be categorised as open and restricted
access [classified] information. The state shall exercise control over
information access modes.
The task of this control shall be to secure observance of the legally
established information requirements by all organs of the state, enterprises,
institutions, and organisations, preventing unmotivated [ungrounded]
classification of information as subject to restricted access. Government
control over the observance of set access mode shall be exercised by
special authorities designated by the Verkhovna Rada and Cabinet of
Ministers of Ukraine.
As part of its supervisory authority, the Verkhovna Rada may request
and receive from government establishments, ministries, and agencies
reports containing information about their efforts to provide information
to the interested persons (e.g., the number of cases of denying access
to information, specifying the reasons; number and motivation of restricted
access cases relating to certain types of information; number of complaints
about unlawful actions of officials denying such access and sanctions
applied, etc.).
Article 29
Access to Open Information
Access to open information shall be secured by way of:
systematic publication of such information by official editions (bulletins,
collections);
dissemination of such information by the media;
providing such information directly to the interested citizens,
bodies of the state, and juridic persons.
The procedures and conditions of providing information as
requested by citizens, bodies of the state, juridic persons, and representatives
of the public shall be governed by this Law or by agreements (contracts)
provided such information is subject to contractual terms. Imposing restrictions
on the right to receive open information shall be prohibited. The right
of priority in receiving information shall be vested in citizens requiring
such information in the line of duty.
Article 30
Restricted Access Information
Restricted access [classified] information, in terms of legal status,
shall be categorised as confidential and secret. Confidential information
shall be understood as data being possessed, enjoyed or managed by
certain physical or juridic persons, to be disclosed at their discretion,
subject to conditions established by these persons.
Citizens and juridic persons possessing professional, business, production,
banking, business, and other information received using their own funds,
or information affecting their professional, business, production,
banking, business, and other interests, provided such information does
not infringe on the legally established secrecy procedures, shall independently
determine its access mode, including confidential status, and shall
take measures to secure its protection.
The exception from the above rule shall be business and banking information,
as well as data whose legal status is determined by the Verkhovna Rada
as submitted by the Cabinet of Ministers of Ukraine (in the case of
statistics, ecology, banking transactions, taxes, etc.), and information
which, if concealed, can hazard man's life and health.
Secret information shall be understood as data legally qualified as state
and other secrets, the disclosure of which will damage the person,
society, and the state.
Categorising information as state secrets and determining the access
mode shall be governed by the relevant law.
Secret information turnover and protection shall be determined
by relevant bodies of the state provided they abide by the requirements
set forth in this Law. A separate law shall determine the procedures
and terms of making secret information public knowledge.
Article 31
Citizens' Access to Information Relating to these Citizens
Each and every citizen shall have the right to:
know, when information is being collected, precisely what data relating
to that citizen is being furnished, by whom, and for what purpose;
have access to information relating to that citizen and challenge
its authenticity, completeness, relevance, etc.
Bodies of the state, organisations, and local and regional
self-government authorities, whose information systems contain data relating
to citizens, shall be under the obligation to provide unimpeded and free
access to this information, except in cases envisaged by the law, and
to take measures to prevent unauthorised access thereto. If any of the
foregoing requirements are breached, the law shall guarantee protection
of citizens from the damage resulting from use of such information.
Unauthorised access to information relating to the person and collected
by bodies of the state, organisations, and officials in keeping with
the laws currently in effect shall be prohibited. Information relating
to the person shall not be stored longer than necessary to reach a
lawfully set target.
All organisations collecting information relating to the person shall,
prior to handling this information, have the relevant databases officially
registered, in keeping with procedures established by the Cabinet of
Ministers of Ukraine.
The required amount of information relating to the person that can be
legally obtained shall be reduced to a minimum and used only for reaching
a lawfully set target.
Denial of access to such information, its concealment, or its unlawful
collection, use, storage or dissemination may be appealed to the law
court.
Article 32
Requests for Access to Official Documents and for Written
or Oral Information
In the context of this Law, a request shall be understood as a statement
requesting access to official documents. This request may be individual
or collective, provided always it is submitted in writing.
A citizen shall have the right to request bodies of the state for access
to any official document, regardless of whether the document relates
to that citizen, except in cases of restricted access stipulated by
this Law.
In the context of this Law, a request for written or oral information
shall be understood as a statement requesting oral or written information
relating to the activities of legislative, executive, and judicial
authorities of Ukraine, as well as officials thereof with regard to
certain matters.
Citizens of Ukraine, bodies of the state, organisations, and citizens'
associations (hereinafter collectively referred to as questioners)
shall submit their requests to a given legislative, executive or judiciary
authority, or an official thereof. Each such request shall contain
the questioner's name in full, the document or written or oral information
required, and the forwarding address.
Legislative, executive, and judiciary authorities, as well as officials
thereof shall be under the obligation to provide information relating
to their activities orally, in writing, over the phone, or in their
officials' public appearances.
Article 33
Terms of Handling Requests for Access to Official Documents
Each such request shall be handled over a period not to exceed ten calendar
days. During this period a given body of the state shall serve written
notice to the questioner to the effect that his/her request has been
granted or that the document required cannot be disclosed. Each such
request shall be complied with within a month, unless otherwise provided
by law. The same shall apply to a request for written information.
Article 34
Denial of Request and Postponement of Access to Official Documents
Denial of a request shall be made known to the questioner, along with
an explanation of the procedures of appeal from this denial.
Each statement of denial shall specify:
official of the body of the state denying this request;
date of the denial;
motivation.
Postponement in carrying out a request shall be allowed if
the required document cannot be made available within a month. Notice
on such postponement shall be served the questioner in writing, along
with an explanation of the procedures of appeal from this postponement.
Each statement of postponement shall specify:
official of the body of the state postponing the request for a term longer
than a month;
date of the postponement notice, mailed or presented;
reasons due to which the required document cannot be made
available within the time-limit established by this Law;
the period over which this request shall be complied with.
Denial and postponement of requests for written information
shall be executed using the same procedures,
Article 35
Appeal from the Denial and Postponement of Requests for Access
to Official Documents
Requests for access to official documents, if denied or postponed, may
be appealed from. When denied access to a document or when a request
for such access is postponed, the questioner many contest this decision
to a body of the state at a higher level.
If this appeal is denied, the questioner may apply to the law court.
When bringing the matter to court, the body of the state being the
respondent shall be under the obligation to prove the lawfulness of
denial or postponement.
The court, in order to secure the completeness and impersonality of the
adjudication, shall have the right to request and receive the official
document(s) at issue and, having studied it (them), decide on the motivation
of the body of the state [respondent]. If the denial or postponement
is found unwarranted, the court shall order the body of state authority
to give the questioner access to the official document and pass a separate
ruling on the official(s) who denied access to the document.
Ungrounded denial of access to official documents or breaches of the
prescribed time-limit within which this access is to be provided without
valid reasons shall entail disciplinary or other responsibility with
regard to officials of bodies of the state in keeping with procedures
determined by the laws of Ukraine.
Official documents provided by legislative, executive, and judicial authorities
of Ukraine, as requested, may be published.
Each questioner shall have the right to make notes using official documents
thus provided, as well as to photograph them, record the text on magnetic
tape, etc. The owner of the documents shall have the right to make
duplicates in return for a fee.
No fees shall be collected when locating official documents. A denial
or postponement of a request for written information shall be appealed
from using the same procedures.
Article 36
Damage Recovery Procedures with Regard to Requests for Access
to Official Documents and Written Information
Questioners shall fully or partially recompense the expenses involved
in providing access to official documents and written information.
Bodies of the state shall determine the procedures of payments for copies
of requested documents.
The Cabinet of Ministers of Ukraine or other bodies of the state shall
determine payment procedures and fees for the collection, location,
preparation, creation, and supply of requested written information,
provided the said fees do not exceed the expenses actually involved
in complying with such requests.
Article 37
Documents and Information Barred Access
Compulsory access to official documents as per request shall not apply
to documents containing:
information duly qualified as a state secret;
confidential information;
data relating to law enforcement authorities (e.g., the Interior
Ministry, Security Service of Ukraine), criminal investigation, prosecution
in cases when such disclosure may harm the investigation or citizens'
right to a just and impersonal adjudication or threaten man's life or
health;
information relating to private life;
interdepartmental correspondence (reports, memoranda, letters,
etc.), provided such documents relate to a given institution's policy,
decision-making or precede the making of decisions;
information not to be disclosed pursuant to other elements
of law or regulatory documents; in such cases the institution/agency
receiving such requests may bar access to the requested document(s) provided
it contains information not be divulged as per another government institution's
regulatory documents and the institution receiving the request has no
right to disclose this information at its own discretion;
financial institutions' information prepared for controlling
fiscal authorities.
Article 38
The Title to Information
The title to information shall be understood as legally regulated social
relations in conjunction with the possession, enjoyment, and management
of information.
Information shall be considered property of citizens, organisations (juridic
persons), and the state. Information may be such property as a whole
or in part, to be possessed, enjoyed or managed.
The owner of information shall have the right to perform any lawful actions
using this property.
The title to information shall emerge on the strength of:
creating this information using one's own resources and at one's own
expense;
making a contract relating to this information;
making a contract with a clause providing for the assignment
of the title to information to a third party.
Information created by several citizens or juridic persons
shall be collective [joint] property belonging to the creators. The rules
and regulations of its management shall be determined by a contract made
among the joint owners.
Information created by organisations (juridic persons) or otherwise acquired
by them using legitimate methods shall be property of these organisations.
Information created using budget funds shall be public property. Information
created on the basis of individual property shall be referred to public
property in case it is transferred to databases or is stored stocks
or archives on a contractual basis.
The owner of information shall have the right to appoint a person to
possess, enjoy, and manage this information, as well as to determine
the rules of processing these data and access thereto, along with other
terms and conditions.
Article 39
Information as a Commodity
Information products and services on the part of citizens and juridic
persons operating in the information sphere may be subject to exchange
relations regulated by the civil and other laws. Prices and price-setting
with regard to information and information services shall be determined
on a contractual basis, except in cases stipulated by this Law.
Article 40
Information Products
Information products shall be understood as the materialised result of
information activities, meant to satisfy the information needs of citizens,
bodies of the state, enterprises, institutions, and organisations.
Article 41
Information Services
Information services shall be understood as information activities being
carried out in a legally determined form, aimed at conveying information
products to consumers, so as to supply their information needs.
CHAPTER IV
PARTICIPANTS IN INFORMATION RELATIONSHIPS, THEIR RIGHTS AND
RESPONSIBILITIES
Article 42
Participants in Information Relationships
Participants in information relationships shall be citizens, juridic
persons or the state, assuming legally envisaged rights and obligations
in the course of information activities.
Authors, consumers, distributors, and keepers (protectors) of information
shall be the principal participants in these relationships.
Article 43
Rights of Participants in Information Relationships
Participants in information relationships shall have the right to receive
(produce, obtain), use, disseminate, and store information in any form,
using any means, except in cases envisaged by the law.
Each such participant, in order to secure his/their right, freedoms,
and lawful interests, shall have the right to receive information concerning:
activities of bodies of state authorities;
activities of People's Deputies [MPs];
activities of local and regional self-government authorities
and local [state] administrations;
personal/private aspects.
Article 44
Obligations of Participants in Information Relationships
Participants in information relationships shall be under the obligation
to:
respect other persons' [entities'] information rights;
use information in keeping with the law or agreement (contract);
secure the principles of information relationships set forth
in Article 5 hereinbefore;
secure all consumers access to information subject to the
terms and conditions stipulated by the law or by contract;
store information in proper condition throughout the established
term and provide it to other citizens, juridic persons or bodies of the
state in keeping with legally established procedures;
recompense damage resulting from breaches of the laws on information.
CHAPTER V
PROTECTION OF INFORMATION
RESPONSIBILITY FOR BREACHES OF INFORMATION LAWS
Article 45
Protection of the Right to Information
The right to information shall be protected by the law. The state shall
guarantee all participants in information relationships equal rights
and opportunities in terms of information access.
No one shall restrict the right of the person to choose the form and
sources of information, except in cases provided by law.
Information right entities may demand the elimination of any infringements
on this right.
Confiscation of printed matter, exhibits, data banks, archival, library,
and museum documents, as well as their destruction for ideological
or political reasons shall be prohibited.
Article 46
Inadmissibility of Abuses of the Right to Information
Information shall not be used to incite the overthrow of the constitutional
order, violate the territorial integrity of Ukraine, or to propagandise
war, violence, cruelty, fan racial, ethnic or religious animosity,
or encroach on human rights and freedoms.
Information legally qualified as state or other secrets shall not be
disclosed.
Information qualified as medical secrets or those of bank deposits, business
revenues, adoption, correspondence, telephone conversations, and telegraphic
messages shall not be divulged except in cases envisaged by the law.
Article 47
Responsibility for Breaches of Information Laws
Breaches of the laws of Ukraine relating to information shall entail
disciplinary, civil law, and administrative liabilities, as well as
criminal prosecution in keeping with the laws of Ukraine.
Responsibility for breaches of information laws shall be borne by persons
found to have committed the following transgressions:
ungrounded denial of information;
corrupt information;
untimely information;
deliberate concealment of information;
coercion of dissemination or obstruction of dissemination
or ungrounded denial of dissemination of certain information;
dissemination of corrupt information or that causing the defamation
of character;
use and dissemination of information relating to private life
without a given person's [express] consent by the owner of this information
who came in possession thereof in the line of duty;
disclosure of state or other secrets protected by the law
on the part of a person responsible for keeping these secrets;
breaches of information storage regulations;
deliberate destruction of information;
ungrounded categorisation of information as restricted access
[classified] data.
Article 48
Appeal Procedures
In the event of unlawful acts envisaged by this law, committed by bodies
of the state, local and regional self-government authorities, officials
thereof, political parties, media, government-run organisations with
the legal entity status, and private citizens, the said acts shall
be appealed to higher-level bodies or to the law court.
Complains about unlawful acts on the part of officials shall be submitted
to bodies having jurisdiction over these officials.
If complaints thus submitted are not dealt with to the claimant's satisfaction,
the interested citizen or juridic person shall have the right to bring
the matter to the law court.
Article 49
Compensations for Material and Moral Damage
In cases when unlawful actions inflict material or moral damage on citizens,
enterprises, institutions, organisations, and bodies of the state,
the guilty parties shall recompense this damage as ruled by the court
and the latter shall determine the amount to be paid as damages.
CHAPTER VI
INTERNATIONAL INFORMATION ACTIVITIES
COOPERATION WITH OTHER COUNTRIES, FOREIGN AND INTERNATIONAL ORGANISATIONS
IN THE INFORMATION SPHERE
Article 50
International Information Activities
International information activities shall be understood as supplying
citizens, bodies of the state, enterprises, institutions, and organisations
with official documentary or publicly announced information, concerning
Ukraine's foreign political endeavours, events and phenomena in other
countries, and as a purposeful dissemination abroad of comprehensive
information about Ukraine on the part of bodies of the state, citizens'
associations, and the media.
Citizens of Ukraine shall have the right to free and unimpeded access
to information using foreign sources, including live telecasts, broadcasts,
and the press.
The legal status and professional activities of foreign correspondents
accredited to Ukraine, as well as other media people, information activities
of diplomatic missions, consular offices, and other representatives
of foreign countries in
Ukraine shall be governed by the laws of Ukraine and relevant
international treaties signed by Ukraine.
The establishment and activities of joint ventures in the information
sphere, involving domestic and foreign juridic persons and citizens,
shall be subject to the laws of Ukraine.
Should an international treaty contain rules other than those set forth
in the laws of Ukraine relating to the information sphere, the rules
of the international treaty signed by Ukraine shall have precedence.
Article 51
International Treaties
International co-operation in the information sphere, concerning matters
of mutual interest, shall be carried out as per international treaties
signed by Ukraine and juridic persons operating in the information
sphere.
Bodies of the state and other juridic persons operating in the information
may carry out information activities for their own benefit and for
that of individual and collective consumers whom they serve and guarantee
supply of foreign information.
Article 52
Export and Import of Information Products (Services)
Information products (services) shall be exported and imported in accordance
with the laws of Ukraine relating to foreign economic activities.
Article 53
Information Sovereignty
Ukraine's information sovereignty shall be based on the national information
resources. Ukraine's information resources shall include all information
belonging to Ukraine, regardless of contents, form, time, and place
of creation thereof.
Ukraine shall independently form information resources and shall freely
manage them, except in cases stipulated by the law and international
treaties.
Article 54
Guarantees of Ukraine's Information Sovereignty
The information sovereignty of Ukraine shall be secured by:
Ukraine's exclusive title to the information resources formed using state
budget funds;
creation of national information systems;
institution of procedures enabling other countries to access
Ukraine's information sources;
use of information resources based on equal co-operation with
other countries.
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[1] - In the Ukr. text: "legal
information" - Transl.
[2] - The reader will please bear in mind that this law was enacted while
the old Constitution was still in effect - Transl.
[3] - This notion does not correspond to the English term, for it indicates
parentage, ethnic origin, not citizenship (currently this item is not
included in the national passport) - Transl.
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