Accepted at the twenty first plenary session of Inter-parliamentary Assembly of the State Parties of the CIS (The resolution of June 16, 2003 No. 21-10)

MODEL LAW

About the state secrets

This Law determines the legal basis and single system of protection of the state secrets for the benefit of ensuring national security, governs the public relations arising in connection with reference of data to the state secrets, their classification, the order them, protection and declassification.

Chapter 1. General provisions

Article 1. The basic concepts applied in this Law

In this Law the following basic concepts are applied:

the state secrets - the data protected by the state which are the state and office secrets which distribution is limited to the state for the purpose of implementation of the effective military, economic, scientific and technical, foreign economic, foreign policy, intelligence, counterintelligence, operational search and other activity which is not conflicting to the commonly accepted rules of international law;

the state secret - data of military, economic, political and other nature, disclosure or loss of which causes or can cause damage to homeland security of the state;

the official secret - data on fields of activity of state bodies, access to which is limited by office need and disclosure or loss of which can cause damage to state bodies or the state;

security classification - the details testimonial of degree of privacy of the data containing in their carrier, which are put down on the carrier and (or) in the accompanying documentation on it;

the admission to the state secrets - the procedure of registration of the right of citizens to access to the data constituting the state secrets, and the organizations - on work with use of such data;

access to the data constituting the state secrets - acquaintance of the particular person with the data constituting the state secrets authorized by the authorized official;

classification of data and their carriers - set of actions for restriction for the benefit of ensuring national security of the state of distribution of the data constituting the state secrets and access to their carriers;

carriers of the data constituting the state secrets - material objects, including physical fields in which the data constituting the state secrets find the display in the form of symbols, images, signals, technical solutions and processes;

declassification of data - set of the actions performed with respect for interests of homeland security of the state, for lifting of restrictions, the data established on distribution constituting the state secrets and on access to their carriers;

system of protection of the state secrets - set of bodies of protection of the state secrets used by them means and methods of protection of the data constituting the state secrets and their carriers, and also events held for this purpose;

remedies of the data constituting the state secrets - the technical, cryptographic, program and other means intended for protection of the data constituting the state secrets, means in which they are realized, and also control facilities of efficiency of protection of the state secrets;

disclosure of the state secrets - the message, transfer, provision, transfer, the publication or finishing the state secrets by any other methods to legal entities and physical persons which are not granted the right of acquaintance with them;

loss of the state secrets - exit, including temporary, the data constituting the state secrets from legal ownership or use as a result of loss or plunder.

Article 2. Legislation on the state secrets

The legislation on the state secrets is based on the constitution of the state and consists of this Law and the legislation governing the relations in the field of protection of the state secrets.

Article 3. Property right to the state secrets and their carriers

The state secrets and carriers of the data constituting the state secrets are property of the state.

Article 4. Bodies of protection of the state secrets

1. Treat bodies of protection of the state secrets:

- state body on protection of the state secrets;

- committee of homeland security and its bodies;

- bodies and organizations, their structural divisions for protection of the state secrets.

2. Bodies of protection of the state secrets provide protection of the data constituting the state secrets according to the tasks assigned to them and within the competence.

Responsibility for the organization of protection of the data constituting the state secrets in state bodies and the organizations is assigned to their heads. Depending on amount of works with use of the data constituting the state secrets, heads of state bodies and organizations create structural divisions on protection of the state secrets which functions are determined by the specified heads taking into account specifics of the works which are carried out by them according to the regulatory legal acts approved by the government.

3. Protection of the state secrets is one of types of the main activities of state body and organization.

Article 5. Coverage of this Law

Provisions of this Law are obligatory for execution in the territory of the state and beyond its limits by bodies of legislative, executive and judicial authority, the companies, organizations and the organizations irrespective of their form of business and pattern of ownership, the officials and citizens who undertook obligations or obliged to perform requirements for protection of the state secrets according to the status.

Chapter 2. Powers of the president, parliament, the government, state bodies and organizations of the state in the field of protection of the state secrets

Article 6. Powers of the president

President:

1) determines single policy and approves the state program in the field of protection of the state secrets;

2) performs the common directorship of activities of system of protection of the state secrets;

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