FEATURES OF ACCESS TO PUBLIC INFORMATION

Abstract

Analyzed modern legislation in the field of creation, disposition and algorithms for providing public information by administrators of this information. The essence of the concept of «public information» was studied; studied the legislation in the field of passing the request procedure and providing public information; characterize the problems that arise for two parties in the process of requesting or providing public information. Research methods: dialectical materialism as a general method of knowledge. The research is based on general scientific (analysis, synthesis, comparison, deduction, induction, analogy, etc.) and special methods (sociological, systemic, modeling, etc.), as well as private scientific research methods (comparative-legal, formal-legal, historical-legal, etc.). The main conclusions and the most important theoretical provisions of this article can be applied in the process of studying the courses «Administrative law», «Constitutional law of Ukraine», «Intellectual property» in institutions of higher education and will be useful for students engaged in an in-depth study of the problems of the functioning of enterprises and organizations, in the context of their obtaining public information, as well as the problems of improving and increasing the effectiveness of the current legislation of Ukraine. The issue of access to public information is quite relevant today, because there is a fine line between which information is public and which is restricted for use. First, modern legislation provides for three main criteria for assigning the category of information precisely to the category of «public information», which include: and belonging to the sphere of granting the subject of power, and a materialized form of representation, as well as the possession of such information by the subject itself authoritative powers. Secondly, access to public information provides an important function – protection of both private and public interests. Private interests, first of all, relate to the resolution of specific cases with a specific subject of power, while public interests consist in ensuring public control over the activities of the subjects of power and the political process in the country as a whole. Thirdly, it should be said that access to public information is usually implemented through two independent communication models – the speech model, in which the information manager is always the initiator, and the consultation model, in which the specific information requester is the initiator. The Law of Ukraine «On Access to Public Information» clearly defined modern legal mechanisms for the realization of the right to receive information, which specifically concerns the activities of the authorities, as well as the adoption of new regulatory acts, etc. The law contains innovations, in particular, it is based on the idea of openness of public information, access to which is carried out on the basis of transparency; free receipt and dissemination of information, except for restrictions provided by law; equality Non-fulfillment of the requirements of the current legislation leads to discrepancies between the legal regulations and actual activities.