LAW OF UKRAINE

of March 27, 2014 No. 1170-VII

About modification of some legal acts of Ukraine in connection with adoption of law of Ukraine "About information" and the Law of Ukraine "About access to public information"

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Code of Ukraine about administrative offenses (The sheet of the Supreme Council of USSR, 1984, appendix to No. 51, the Art. 1122):

  "Data carriers which contain confidential information which is property of the state" shall be replaced with words 1) in the second offer of part one of Article 15 of the word "the material data carriers containing office information";

2) Article 164-3 part three in paragraph one the word "confidential" shall be replaced with words "another confidential";

 In paragraph one of part one of Article 188-31 48.slova "information which is property of the state" shall be replaced with words 3) "the state information resources";

 Article 212-3 to state 4) in the following edition:

"Article 212-3. Violation of the right to information and right to the address

Not promulgation of information which obligatory promulgation is provided by the laws of Ukraine "About access to public information" and "About bases of prevention and anti-corruption", - 

attracts imposing of penalty on officials from twenty five to fifty free minima income of citizens.

Violation of the law of Ukraine "About access to public information", namely: unreasonable reference of information to information with limited access, failure to provide reply to the request on information, failure to provide information, illegal refusal in provision of information, untimely or incomplete provision of information, provision of unreliable information, -

attracts imposing of penalty on officials from twenty five to fifty free minima income of citizens.

Restriction of information access or reference of information to information with limited access if it is directly forbidden by the law, -

attracts imposing of penalty on officials from sixty to eighty free minima income of citizens.

Illegal refusal in provision of information, untimely or incomplete provision of information, provision of information untrue in response to lawyer request, request of the qualification and disciplinary commission of legal profession, its chamber or the member according to the Law of Ukraine "About legal profession and lawyer activities" -

attracts imposing of penalty on officials from twenty five to fifty free minima income of citizens.

Failure to provide access to the judgment or case papers according to the statement of person, and also other violation of the law of Ukraine "About access to judgments" -

involve imposing of penalty on officials from twenty five to fifty free minima income of citizens.

Illegal refusal in acceptance and consideration of the address, other violation of the law of Ukraine "About the address of citizens" -

involve imposing of penalty on officials from twenty five to fifty free minima income of citizens.

Making of any, repeated throughout year, of the violations provided by parts one - the sixth this Article for which person was already exposed to administrative punishment, -

attracts imposing of penalty on officials from sixty to eighty free minima income of citizens or social jobs for a period of twenty till thirty o'clock";

 The name and part one of Article 212-5 to state 5) in the following edition:

"Article 212-5. Violation of accounting treatment, storage and use of the documents and other material data carriers containing office information

Violation of accounting treatment, storage and use of the documents and other material data carriers containing the office information collected in the course of operational search, counterintelligence activities, in the field of defense of the country that led to disclosure of such information -

attracts imposing of penalty on citizens from twenty to forty free minima income of citizens and on officials - from sixty to hundred sixty free minima income of citizens".

2. In article 330 of the Criminal code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2001, Art. No. 25-26, 131):

in the name of the word "confidential information which is in ownership of the state" shall be replaced with words "the office information collected in the course of operational search, counterintelligence activities, in the field of defense of the country";

word part one in paragraph one "the economic, scientific and technical or other data constituting confidential information which is in ownership of the state" shall be replaced with words "the data constituting the office information collected in the course of operational search, counterintelligence activities, in the field of defense of the country".

3. Part third of Article 277 of the Civil code of Ukraine (2003, Art. No. No. 40-44, 356) to exclude sheets of the Verkhovna Rada of Ukraine.

4. In the Code of administrative legal proceedings of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2005, Art. No. No. 35-37, 446):

  The word "significant" to replace 1) in Article 12 part five with the word "necessary";

 Part the second Article 17 to add 2) with Item 7 of the following content:

"7) disputes of physical persons or legal entities with the manager of public information on appeal of its decisions, actions or failure to act regarding access to public information";

 Item of 1 part one of Article 183-2 to state 3) in the following edition:

"1) appeal of divergence of the subject of powers of authority or manager of information on consideration of the address or request for information".

5. The third and fourth offer of part two of article 3 of the Law of Ukraine "About militia" (1991, No. 4, the Art. 20) to replace sheets of the Supreme Council of USSR with offers of the following content: "The militia promulgated information and provides information on requests according to the Law of Ukraine "About access to public information". Under bodies of militia accreditation of representatives of mass media, journalists according to the law can be carried out. Are not subject to disclosure of the data, constituting information with limited access, except the cases provided by the law".

6. Part the sixth article 2 of the Law of Ukraine "About legal regime of the territory which underwent to radioactive pollution owing to the Chernobyl catastrophic crash" (Sheets of the Supreme Council of USSR, 1991, No. 16, Art. 198; Sheets of the Verkhovna Rada of Ukraine, 2008, No. 24, the Art. 232) to add with words "and also are provided on demand according to the Law of Ukraine "About access to public information".

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