Right to access information

Extracts for legal literacy News

Article 22 of the Constitution of the Donetsk People’s Republic combines the right to freely seek, receive, transmit, produce and disseminate information in any legal way with the right to freedom of thought and speech and freedom of the media. At the same time, propaganda or agitation inciting social, racial, national or religious hatred and enmity is not allowed. Promotion of social, racial, national, religious or linguistic superiority is prohibited.

In accordance with the Law of the Donetsk People’s Republic of 07.08.2015 No. 71-IHC “On information and information technologies”, information is data (messages), regardless of the form of their presentation.

Information, depending on the category of access to it, is divided into publicly available information, as well as information, access to which is limited by the legislation of the Donetsk People’s Republic (information of limited access).

Information, depending on the procedure for its provision or distribution, is divided into:

1) information freely distributed;

2) information provided by agreement of the persons participating in the relevant relationship;

3) information that, in accordance with the legislation of the Donetsk People’s Republic, is subject to provision or distribution;

4) information, the dissemination of which in the Donetsk People’s Republic is limited or prohibited.

So, according to the current legislation, individuals and legal entities have the right to search for and receive any information in any form and from any source, subject to certain requirements.

An individual has the right to receive from state bodies, local self-government bodies, their officials in the manner prescribed by the legislation of the Donetsk People’s Republic, information directly affecting his rights and freedoms.

A legal entity has the right to receive from public bodies, local authorities information directly related to his/her rights and obligations, as well as information necessary in connection with interaction with these bodies in the implementation of its statutory activities.

It should be noted that there is no restriction on access to:

1) regulatory legal acts affecting the rights, freedoms and duties of a person, as well as establishing the legal status of legal entities and the powers of public bodies, local authorities;

2) information about the state of the environment;

3) information on the activities of public bodies and local authorities, as well as on the use of budgetary funds (with the exception of information constituting a state or service secrecy);

4) information accumulated in open collections of libraries, museums and archives, as well as in state information systems, information systems of local authorities and other information systems created or intended to provide individuals and legal entities with such information;

5) other information, the inadmissibility of restricting access to which is established by the legislation of the Donetsk People’s Republic.

In addition, state bodies and local authorities are obliged to provide access to information about their activities in the state language of the Donetsk People’s Republic, in accordance with the laws and other regulatory legal acts of the Donetsk People’s Republic. A person who wants to get access to such information is not obliged to justify the need to obtain it.

Decisions and actions (inaction) of state bodies and local self-government bodies, public associations, officials that violate the right to access information may be appealed to a higher authority or a higher official or to a court.