ESSENCE OF THE RIGHT TO ACCESS PUBLIC INFORMATION:AND INDIVIDUAL PROBLEMS IN CIRCUMSTANCES OF MARTIAL LAW

Abstract

The article covers key directions and procedure for exercising and ensuring everyone’s right to access information which is in the possession of subjects of public power, other controllers of public information defined by the Laws of Ukraine, and information which is of public interest in circumstances of martial law. It was determined that the national laws of Ukraine, in matters of essence of the right to access public information, distinguishes between the concepts of the right to request and the right to access the public information. The author also notes that the military aggression of the Russian Federation against Ukraine corrected the actions of controllers who have to limit access to certain documents and data. This was implemented in order to protect the national interests and territorial integrity of our state. In accordance with the Part One of Article 3 of the Law of Ukraine «On Access to Public Information», the right to access the public information is guaranteed, in particular, by the duty of information controllers to disclose information, except in cases provided for by laws. The author also researched the compliance with international standards in the situation of constitutional restrictions on the right of a person to collect, store, use and disseminate the information, which is consistent with provisions of Paragraph 2 of Article 29 of 1948 Universal Declaration of Human Rights, which state that in exercise of their rights and freedoms, every person shall be subject only to such limitations as are determined by laws solely for the purpose of securing proper recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in democratic society. It was established that due to introduction of the legal regime of martial law in Ukraine, the scope of competence and powers of individual controllers in matters of publicizing information and informing nationals may undergo significant changes through establishment of restrictions by authorized subjects in accordance with Article 8 of the Law of Ukraine «On Legal Regime of Martial Law». However, the mentioned restrictions cannot be applicable to information about normative legal acts on implementation of restrictions on constitutional rights and freedoms.