REGARDING THE RELATIONSHIP BETWEEN THE RIGHT TO INFORMATION AND INTERESTS OF NATIONAL SECURITY IN THE LIGHT INTERNATIONAL EXPERIENCE

Authors

  • Julia Vladimirovna Ponomareva Author
  • Zinaida Valentinovna Makarova Author

Abstract

The article provides an analysis of international instruments recognizing the right
to information, as well as defining the principles of limiting access to information. The
implementation of the basic principle of a democratic society – information openness of
state power – more important is the question of the validity criteria to restrict access to
information. Most international acts introduced the right to information, without disclosing
exception to the rule. This causes considerable difficulties for the formation of a
uniform dispute resolution practices on disclosure of information of a confidential nature
(official, state secrets, confidential information). In this paper, we consider two similar
examples from the practice of the ECHR with two opposite decision in the case,
which explains only some minor circumstances. The above comparison shows the need
for a single unified criteria and principles of restricting access to information. The article
also discussed the "Global Principles", which first made an attempt to unify the criteria
for restricting access to information.

Author Biographies

  • Julia Vladimirovna Ponomareva

    Postgraduate of Constitutional and Administrative Law Department, South Ural State University, Chelyabinsk, Russian Federation

  • Zinaida Valentinovna Makarova

    Doctor of Law, Professor of Constitutional and Administrative
    Law Department, South Ural State University, Chelyabinsk, Russian Federation

Issue

Section

Problems and Questions on Constitutional and Administrative Law