Introduced by the Government
of the Russian Federation
DRAFT RUSSIAN FEDERATION FEDERAL LAW
On Access to Information Concerning Activities of Government Departments and
Local self-Government
CHAPTER I. GENERAL PROVISIONS
This Federal Law establishes the procedures by which government departments and local self-government will discharge their duties as to providing the access of citizens and organizations to information concerning activities of government departments and local self-government; specifies the terms and rules of procedure under which citizens and organizations can obtain information concerning activities of government departments and local self-government; and serves the purposes of ensuring the transparency of the government for citizens and of exercising public control over activities of government departments and local self-government.
The terms and definitions used in the text of this Federal Law are such as they have been set down by the Federal Laws “On Information, Informatization and Information Protection” and “On Electronic Digital Signature”.
Article 1. Scope of Application
This Federal Law regulates the ways and procedures by which government departments and local self-government will discharge their duties as to providing the access of information users (consumers) to information concerning activities of government departments and local self-government and specifies the terms and procedures under which information users (consumers) can obtain information concerning activities of government departments and local self-government.
Information concerning activities of government departments and local self-government means any data or records relating to facts, events, processes and developments which may take place in the course of activities of government departments and local self-government, and also any data or records concerning senior officials and other officers of government departments and local self-government except where such data and records are treated as limited-access information.
Governmental and municipal information resources, respectively, will serve as sources from which information concerning activities of government departments and local self-government can be obtained.
This Federal Law shall apply to:
any relations that may arise between any government departments, defined in the text of this Federal Law as any government departments or agencies of the Russian Federation or any government departments or agencies of the subjects of the Russian Federation or any other government agencies formed under the Constitution of the Russian Federation, or any local self-government and the citizens or organizations involved in the course of search and acquisition of information concerning activities of government departments and local self-government;
any relations that may arise in the course of search, acquisition and interchange of information between any government departments or agencies or any local self-government, except where the federal law prescribes otherwise.
This Federal Law shall not apply to:
any relations that may arise where mass media agencies are involved in obtaining information concerning activities of government departments and local self-government if access to such information is gained by ways which are not provided for under this Federal Law;
any relations that may arise over the acquisition of information concerning activities of government departments and local self-government deposited in the archives.
Access to information concerning activities of legislative authorities, authorities of the interior, taxation and customs agencies, prosecutor’s offices, defense authorities and security services will be exercised by such rules of procedure and under such terms as prescribed by this Federal Law while taking into account such specifics as defined for such types of department and agencies under other federal laws.
Rules of procedure for citizens’ access to personal data or records and organizations’ access to information related to them will be regulated by other federal laws.
Article 2. Legislation on the Right of Access to Information concerning Activities of Government departments and local self-government
The legislation on the right of access to information concerning activities of government departments and local self-government is based on the Constitution of the Russian Federation and the generally accepted principles and norms of international law, and is regulated by the Russian Federation’s international agreements, the Federal Laws “On Information, Informatization and Information Protection” and “On Electronic Digital Signature” and this Federal Law, as well as other ordinances and regulations of the Russian Federation that may be enacted in accordance with these federal laws.
Government departments of the subjects of the Russian Federation and local self-government shall issue ordinances and regulations over matters of access to information concerning activities of government departments and local self-government within such limits of powers as established under this Federal Law.
Article 3. Basic Principles of Exercising the Right of Access to Information Concerning Activities of Government Departments and Local self-Government
The basic principles of exercising the right of access to information concerning activities of government departments and local self-government are as follows:
information concerning activities of government departments and local self-government is presumed to be open and accessible to the public;
information concerning activities of government departments and local self-government must be true and whole;
information concerning activities of government departments and local self-government must be disclosed for the purposes of ensuring security and protection of citizens, society and the state;
it is legitimate under law to seek, obtain and communicate information concerning activities of government departments and local self-government;
the rights and interests of third parties must be observed in disclosing information concerning activities of government departments and local self-government;
any infringement of the right of access to information concerning activities of government departments and local self-government must be accountable under law;
the right of access to information concerning activities of government departments and local self-government must be protected under law.
Article 4. Limited-access Information
1. Access to data and records concerning activities of government departments and local self-government shall be limited if such date and records are treated as classified information or confidential information under the Russian Federation legislation.
2. Categories of data and records concerning activities of government departments and local self-government that are treated as confidential information and the rules of procedure under which such data and records are so treated shall be established under the Russian Federation legislation.
Article 5. Competence of Government Departments and Local self-Government in Ensuring Transparency of Information Concerning Activities of Government Departments and Local self-Government.
For information users (consumers) to be able to exercise their rights to obtain true and whole information concerning activities of government departments and local self-government, government departments and local self-government shall be required to discharge the following duties:
they shall be required to compile lists of limited-access information concerning activities of government departments and local self-government;
they shall be required to settle, in such circumstances and in such ways as specified under Russian Federation legislation, any disputes that may arise between information users (consumers) and government departments or agencies over whether it is lawful and warranted to treat any data or records concerning activities of government departments and local self-government as limited-access information;
they shall be required to exercise control over observance of the right of access to information concerning activities of government departments and local self-government;
they shall be required to consider, as specified under the Russian Federation legislation, any other matters related to ensuring the transparency of information concerning activities of government departments and local self-government.
Article 6. Ways of Providing Access to Information Concerning Activities of Government Departments and Local self-Government
The ways in which access can be provided to information concerning activities or operations of government departments and local self-government are as follows:
government departments and agencies may make publicly available (publish) information concerning their activities or operations in such circumstances as specified by the Russian Federation legislation;
local self-government may make publicly available (publish) information concerning their activities or operations in such circumstances as specified by the Russian Federation legislation and by the ordinances and regulations enacted by the local self-government concerned;
government departments and local self-government may make available information concerning their activities or operations in general-use information systems;
government departments and local self-government may make available information concerning their activities or operations at publicly accessible places (hoardings, notice-boards, etc.);
government departments and local self-government may disclose their documents directly to information users (consumers);
information users (consumers) may be given access to meetings of government departments or agencies in such ways as specified under the federal legislation;
information users (consumers) may be given access to meetings of local self-government in such ways as specified by the ordinances and regulations of local self-government;
information users (consumers) may obtain information concerning activities or operations of government departments and local self-government at their request.
Article 7. Forms of Disclosure of Information Concerning Activities of Government Departments and Local self-Government
1. Information concerning activities or operations of government departments and local self-government may be provided in verbally, in writing or in electronic format.
Provision of such information may be possible in audio, video or any other format in such circumstances and under such rules of procedure as prescribed in other federal laws.
2. Forms in which information concerning activities of government departments and local self-government will be disclosed to information users (consumers) at a request shall be specified in accordance with this Federal Law and shall be indicated in the request.
If it is found impossible to disclose information concerning activities of government departments and local self-government in the form indicated in the request, such information may be given in any other form as specified in this Federal Law.
3. When information concerning activities of government departments and local self-government is requested by information users (consumers) verbally, such information may be disclosed verbally, in which case it may be received either through the telephone of the information service of the national government agency or local self-government agency concerned or from the officers (divisions) authorized to do so by the government department or local authority concerned.
The information concerning activities of government departments and local self-government to be disclosed verbally shall include information concerning the agency’s office hours or other details, information concerning the agency’s officers, information concerning the agency’s information-service telephone and information concerning the ways in which an information user (consumer) can file his or her request with the government departments or local self-government agency involved.
4. Information routinely conveyed through telecommunication systems (of any) may be treated as documented information (documents) concerning activities or operations of government departments and local self-government may.
5. Information concerning activities of government departments and local self-government shall be disclosed in electronic format in such ways as specified under the Russian Federation legislation.
Article. 8. Information Concerning Activities of Government Departments and Local self-Government for Mandatory Disclosure in General-use Information Systems
1. Government departments and local self-government shall enable information concerning their activities or operations to be disclosed in general-use information systems in accordance with the list of data and records related to activities or operations of government departments and local self-government which are specified for mandatory disclosure in general-use information systems under this Federal Law.
2. Time limits for disclose of such government information shall be such as to allow information users (consumers) to be able to timely exercise and protect their rights, liberties and legitimate interests.
3. The list of legislature-related information mandatory for disclose in general-use information systems, including the routine intervals, ways and forms of such disclosure, shall be approved by the legislative authorities.
4. The list of mandatory-disclosure information related to the federal executive authorities whose activities or operations are controlled by the President of the Russian Federation, including the routine intervals, ways and forms of such disclosure in general-use information systems, shall be endorsed by the President of the Russian Federation.
The list of mandatory-disclosure information related to the federal executive authorities whose activities or operations are controlled by the Government of the Russian Federation, including the routine intervals, ways and forms of such disclosure in general-use information systems, shall be endorsed by the Government of the Russian Federation.
5. The list of mandatory-disclosure information related to activities or operations of other state agencies, including the routine intervals, ways and forms of such disclosure in general-use information systems, shall be endorsed by the state agencies concerned.
6. The list of mandatory-disclosure information related to activities or operations of local self-government, including the routine intervals, ways and forms of such disclosure in general-use information systems, shall be endorsed by the local self-government concerned.
7. The rights of any information user (consumer) to have access to information concerning activities or operations of government departments and local self-government cannot be limited solely on the ground that such information has not been included in the list of information concerning activities of government departments and local self-government mandatory for disclosure in general-use information systems.
Article. 9. List of Information Concerning Activities of Government Departments and Local self-Government Mandatory for Disclosure in General-use Information Systems
1. The effective federal constitutional laws, other federal laws, decrees and orders of the President of the Russian Federation, decrees and directives of the Government of the Russian Federation, ordinances or regulations issued or enacted by government departments or local self-government, including:
data or other information related to any amendments or corrections introduced or to be introduced into any ordinances or regulations;
data or other information related to invalidating any ordinances or regulations issued or enacted by government departments and local self-government;
data or other information related to rulings or decisions by courts of justice as to invalidating any ordinances or regulators issued or enacted by government departments and local self-government;
data or other information related to the state registration of ordinances or regulations issued or enacted by government departments or agencies in such circumstances as specified under the Russian Federation legislation.
2. The federal constitutional laws, other federal law, decrees of the President of the Russian Federation, and the statutes, regulations and other legal acts which serve as the legal basis for activities or operations of government departments and their territorial bodies and of local self-government, containing descriptions of tasks and duties, rights, duties and responsibilities of the government department and local self-government.
3. Explanations and descriptions of rules of procedure for activities or operations to be performed by government departments and local self-government in enabling citizens and organizations to exercise their rights, liberties and legitimate interests as defined by the Russian Federation legislation.
4. Surveys of citizens’ and organizations’ applications and appeals submitted to the government departments and local self-government, and generalized information concerning the results of consideration of such applications and appeals and the measures taken over such applications and appeals.
5. Information related to the divisions and officers of government departments and their territorial bodies and of local self-government authorized to disclose information concerning activities of government departments and local self-government in verbal form.
6. The inventory of general-use information systems, data banks, journals, registers and records that are in operation at the state government departments and their territorial bodies and at the local self-government, and lists of information resources and services to be provided to citizens and organizations.
7. Information related to organizations which have been delegated, as prescribed under law, some of the duties of providing access to information concerning activities of government departments and local self-government (names of such organizations, and their post and legal addresses, telephone and fax numbers, and e-mail addresses).
8. Information related to official visits and working trips of senior officers and official delegations of state government departments and their territorial bodies and of local self-government.
9. Information related to official events (conferences, meetings, briefings, commissions, seminars, round tables, etc.) as organized by state government departments and their territorial bodies, and by local self-government.
10. Information related to decisions taken at official events organized by state government departments and their territorial bodies or by local self-government, and information related to the ways and means in which such decisions are implemented.
11. Information related to plans of activities or operations undertaken by government departments and local self-government.
12. Texts of official statements and speeches made by senior officials and their deputies of state government department and their territorial bodies or local self-government.
13. Information related to legislative activities of government departments and local self-government, including:
texts of federal laws in draft which have been properly introduced by the government departments and local self-government into the State Duma of the Federal Assembly of the Russian Federation;
texts of legal acts in draft which have been approved in each reading by the legislative authorities of the Russian Federation, the legislative authorities of the subjects of the Russian Federation, and/or the representative bodies of local self-government;
texts of amendments to legal acts in draft which have been made in the course of their passage at the legislative bodies of the Russian Federation, the legislative bodies of the subjects of the Russian Federation and/or the representative bodies of local self-government.
14. Information related to ordinances and regulations in draft, federal purpose-oriented or other programs and conceptions being developed by government departments and local self-government.
15. Information related to purpose-oriented programs ordered or executed by government departments and local self-government (name of such programs, their aims and objectives, their contractors and main executives, their time limits and projected results, and amounts of their financing).
16. Information related to the implementation of budgets by government departments and local self-government.
17. Information related to the spending of foreign technical aid (assistance) over projects or events in the implementation of which government departments and local self-government take part.
18. Analytical reports and statements of performance (informational surveys of performance) of government departments and local self-government submitted to such government departments and local self-government;
19. Information related to major indicators describing the situation and dynamics of any areas of development in the competence of government departments and local self-government.
20. Forecasts and projections prepared by government departments and local self-government.
21. Official statistics collected and processed by government departments and their territorial bodies and by local self-government.
22. Information related to open contests, auctions, tenders, examinations and other events conducted by government departments and their territorial bodies and local self-government, including:
terms under which such events are conducted;
rules of procedure under which citizens and corporations can take part in such events;
membership of contest commissions set up by government departments or their territorial bodies and/or local self-government with the object of conducting contests for the supply of goods (performance of works or rendering of services) for governmental and/or municipal needs;
minutes of meetings of contest commissions;
rules of procedure under which any decisions taken by government departments or their territorial bodies and/or local self-government can be appealed against.
23. Forms of applications, as established by the Russian Federation legislation and the ordinances and regulations of government departments and local self-government, which government departments and their territorial bodies and local self-government will accept for consideration.
24. Information related to results of inspections conducted by government departments and/or their territorial bodies and/of local self-government and inspections conducted inside government departments and their territorial bodies and local self-government themselves.
25. Information related to how well the country’s population and territories stand protected against emergencies, and what measures are taken to ensure their security, information related to predicted and imminent emergencies, information related to the ways and methods of protection of the country’s population against such emergencies, and other kinds of information which government departments and local self-government are to make available to citizens and organizations under federal laws.
26. List and valid terms of civil-law agreements which government departments and local self-government have made with any organizations.
27. Information related to international treaties and agreements in whose implementation government departments and local self-government take part.
28. Information related to employment of citizens in governmental and municipal service, namely:
rules of procedures of employment of citizens in governmental and municipal service;
list of available vacancies of governmental posts in of governmental service and municipal posts in municipal service;
qualification requirements to be met by candidates for vacancies of governmental posts in of governmental service and municipal posts in municipal service;
terms and results of contests held for employment at vacant governmental-service and municipal-service posts.
29. Information related to co-operation and alliance between government departments and/or their territorial bodies and/or local self-government and other government agencies, public organizations, political parties or other associations, including foreign (international) ones.
30. Data and records related to senior officials of government departments, divisions of government departments, foreign representations, territorial bodies and local self-government (their name, surname and patronymic, and their background particulars, as have been agreed upon with such persons).
31. Data and records related to deputies of national legislative authorities and representative bodies of local self-government (their name, surname and patronymic, and their background particulars, as have been agreed upon with such persons).
32. Structure of any of the government departments and local self-government, information related to the tasks and duties of their divisions, post addresses, telephone numbers and other address particulars of government departments and local self-government and of their divisions and territorial bodies, and their employees’ numbers and payroll particulars.
33. Information related to organizations subordinated to government departments and/or local self-government, namely: the list of such organizations, their post and legal addresses, and their telephone numbers; description of the tasks and duties they perform, information related to their foundation, re-organization or liquidation, and their employees’ numbers, major performance indicators and payroll particulars.
34. Telephone numbers of the information services of government departments, their territorial bodies and local self-government.
35. List of representations of government departments abroad, their post and legal addresses, their telephone numbers, and their employees’ numbers and payroll particulars.
36. List of international organizations in whose activities government departments and/or their territorial bodies and/of local self-government take part.
37. Information concerning documents stored at the open stocks of libraries and archives.
38. Journals of incoming and outgoing documents at government departments and local self-government.
Rules of keeping journals of incoming and outgoing documents shall be established by the Russian Federation legislation.
39. Information related to activities of the prosecutor’s offices of the Russian Federation, namely: prosecutor’s protests, prosecutor’s statements, admonitions as to impermissibility of law violation, and data concerning the state of law and order.
40. The body of information concerning activities of courts of justice which is mandatory for disclosure in general-use information systems shall be established by the Russian Federation legislation.
The above list of government information disclosure shall not restrict the right of government departments and local self-government to mark out any other categories of information mandatory disclosure of which in general-use information systems is required.
CHAPTER II. RULES OF PROCEDURES FOR EXERCISING THE RIGHT OF ACCESS TO INFORMATION CONCERNING ACTIVITIES OF GOVERNMENT DEPARTMENTS AND LOCAL AUTHORITIES
Article 10. Rights and Obligations of Users (Consumers) of Information Concerning Activities of Government Departments and Local self-Government
Any user (consumer) of information concerning activities government departments and local self-government shall have the right to:
- obtain true and whole information concerning activities of government departments and local self-government;
- forgo obtaining information concerning activities of government departments and local self-government;
- avoid giving reasons for their need to obtain requested information concerning activities of government departments and local self-government;
- lodge an appeal or appeals, as established under law, against legal acts or actions (or failures to act) on the part of government departments and local self-government or their officers, which may infringe their right of access to information concerning activities of government departments and local self-government or the established rules of procedures of the exercise of this right;
- demand compensation of any damages from the infringement of their right of access to information concerning activities of government departments and local self-government.
Any user (consumer) of information concerning activities of government departments and local self-government shall be required to:
- submit the attributes of information they ask, as may be necessary for the fulfillment of the request;
- submit correct personal data concerning themselves, as may be necessary for the fulfillment of their request, if the information they ask concerning activities of government departments and local self-government is directly related to their rights, liberties and legitimate interests as information users (consumers), and timely inform the government department(s) or local self-government of any change in such personal date;
- inform the government department(s) or local self-government concerned of their refusal to make a request;
- observe the routine rules of procedure and terms of access to information concerning activities of government departments and local self-government;
- duly pay fees for provision of information concerning activities of government departments and local self-government in such instances as specified under this Federal Law.
Article 11. Rights and Obligations of Government Departments and Local self-Government and their Officers in Providing Access to Information Concerning Activities of Government Departments and Local self-Government
1. Government departments and local self-government and their officers shall have the right to:
- verify the content of any request;
- refuse disclosing any information concerning their activities in such instances as specified by this Federal Law;
- delegate to any organization(s), on contest basis, some individual powers of performing (maintaining) duties related to access to information concerning activities of government departments and local self-government, as under Article 12 of this Federal Law.
2. Government departments and local self-government shall be under obligation to:
- ensure that all information they disclose should be true and whole and that the time limits and terms prescribed for such disclosure duly observed;
- withhold disclosure of limited-access information;
- create organizational, technical and other conditions needed for exercising the right of access to information concerning activities of government departments and local self-government;
- ensure that information concerning activities of government departments and local self-government should be published or otherwise made publicly available by such means as specified in this Federal Law;
- set up general-use information systems to cater for information users (consumers) and ensure that such systems should be comprehensive and updated and duly protected against any distortions or corruptions and against unauthorized access;
- keep safe any ordinances and regulations enacted by the government departments, local self-government or agencies for whom they stand as legal successors during the whole length of time prescribed under law and keep routine registers of such regulations;
- ensure that all lists of information as specified by this Federal Law and all price lists of information to be disclosed for fees should be available to the public;
- arrange for disabled (blind) persons to have adequate access to information concerning activities of government departments and local self-government.
Article 12. Organization of Access to Information Concerning Activities of Government Departments and Local self-Government
Some divisions or authorized officers of government departments and local self-government shall be invested, as set down under law, with the duties of organizing access to information concerning activities of government departments and local self-government.
All duties so invested to provide information users (consumers) with information concerning activities of government departments and local self-government shall be described in the statute of the government department or local authority concerned.
If in the statute of the government departments or local self-government there is no reference to any duties of providing information users (consumers) with information concerning activities of government departments and local self-government, this shall by no means restrict the right of access to such information.
The rights, obligations and responsibilities of the divisions and officers of government department and local self-government authorized to discharge such duties shall be prescribed in the regulations of such divisions and the officers’ capacity instructions, which shall be endorsed as prescribed under law.
2. Government departments shall be entitled to delegate, on a contest basis, to any organizations some of their powers to perform (maintain) any duties associated with ensuring access to information concerning activities of government departments in such circumstances and in such ways as specified by the Government of the Russian Federation.
Local authorities shall be entitled to delegate, on contest basis, to any organizations some of their powers to perform (maintain) any duties associated with ensuring access to information concerning activities of local self-government in such circumstances and in such ways as specified by the ordinances or regulations of the local self-government concerned.
Government departments and local self-government, wherever delegating to any organizations some of their powers to perform (maintain) any duties associated with ensuring access to information concerning activities of government departments or local self-government, shall be required to guarantee that information disclosure conditions will be preserved to information users (consumers) in accordance with the rules of procedure specified by this Federal Law.
3. All rights, obligations and responsibilities of the government department or local self-government which have delegated some of their powers to perform (maintain) any duties of providing access to information concerning activities of government departments and local self-government shall be extended to the organizations to which such powers have been delegated.
Article 13. Organization of Access to Information Concerning Activities of Government Departments and Local self-Government Stored in Automatic General-use Information Systems
To provide access to information concerning activities of government departments and local self-government stored in automatic general-use information systems, the government department or local authority concerned shall:
have such information systems connected to the Internet network, make such information available at its official site so that anyone connected to the network could gain free access to it, and keep such information updated at regular intervals;
allocate e-mail addresses for information requests to be received and requested information transmitted over the Internet network;
set up general-use system connection outlets at such places where they will be easily accessible to information users (consumers) (inside the building of the government department or local authority involved, at state and municipal libraries, post offices, and other places as specified by the legislation of the subjects of the Russian Federation);
publish the list of general-use information systems and databases in operation at the government departments and local self-government, at their territorial bodies and at any subordinate organizations, indicating how and on what terms access to such systems can be gained;
take due actions to protect information concerning activities of government departments and local self-government stored in general-use information systems;
bear responsibility for the content, distortion and completeness of information concerning activities of government departments and local self-government stored in general-use information systems.
Article 14. Request for Information Concerning Activities of Government Department and Local self-Government
1. Request for information concerning activities of government departments and local self-government means a formal message submitted by an information user (consumer) to any of the government departments or local self-government asking it to disclose some information concerning activity of such agency.
2. Any request for government information concerning activities or operations of government department or agencies or local self-government must contain:
the name of the document requested, the attributes of the document (the information user (consumer) may avoid indicating the attributes of the document requested) or any other particulars of requested information necessary and sufficient for its search;
for a citizen -- his or her name, surname and patronymic, and/or his or her telephone and/or fax number and/or post and/or e-mail address, at which replies will be sent or the content of the request verified;
for an organization -- the name of the organization on behalf of which the request is made, its post and legal addresses, and/or its telephone and/or fax numbers, and/or its e-mail address, at which replies will be sent or the content of the request verified;
the form in which information should be provided.
In filing a request, the citizen may avoid indicating his or her name, surname and patronymic and the organization, its name. If this is the case, the reply made by the government department or local authority cannot be used as an instrument confirming the rights and obligations of the recipient.
3. Any request for information concerning activities of government departments and local self-government shall be made in the official language of the Russian Federation.
Any request for information concerning activities government departments and local self-government of any of the subjects of the Russian Federation shall be made in the official language of the Russian Federation or in the official language of the subject of the Russian Federation involved.
Government departments and local self-government shall be entitled to make it possible for any request to be made in any foreign language.
4. Any information user (consumer) shall be entitled to submit to government departments and local self-government a request to get information concerning activities of government departments and local self-government directly or through a proxy. A proxy’s powers shall be formalized in such ways as specified under the Russian Federation civil legislation.
Article 15. Procedure of Consideration of Requests
When an information disclosure request is filed, the government department or local authority which has received it shall undertake search of the requested information.
If it possesses the requested information, the government department or local authority shall deliver it to the information user (consumer) under such rules of procedure as specified by this Federal Law.
If the government department or local authority does not possess the requested information and knows which of the government departments or local self-government possesses such information, it must forward the request in question to that government department or local authority (by way of subordination) and notify the information user (consumer) of it within not later than 7 days of the date on which the request is received.
The government department or local authority which has received the request forwarded by way of subordination shall not be entitled to re-forward it to any other government department or local authority and shall be under obligation to reply to the request within such time limits as specified under Article 17 of this Federal Law.
If the government department or local authority neither possesses the requested information nor knows which of the government department or local self-government may possess such information, it shall reply to the information user (consumer) accordingly within a seven-days’ time.
Article 16. Procedure of Presentation of Information Concerning Activities of Government Departments and Local self-Government at a Request
1. Information concerning activities of government departments and local self-government shall be presented at a request by sending to the government departments and local self-government a reply which will contain the requested information or a motivated refusal to disclose such information concerning activities of government departments and local self-government.
Replies to requests made by disabled (blind) persons shall be made by government departments and local self-government in a form intelligible to disabled (blind) persons.
2. Requested information shall be provided in one copy.
Any information disclosed at a request shall be presented in such form and appearance in which it stands at the government department or local authority without any additional processing unless this Federal Law requires otherwise.
Information may be created by government departments and local self-government at a request for fees.
3. Any reply to an information disclosure request shall contain the name and post address of the government department or local authority involved and the signatures of the authorized officers.
Any reply made by the government departments of the Russian Federation to any information disclosure request shall be made in the official language of the Russian Federation.
Any reply made the government departments of the subjects of the Russian Federation to any information disclosure request shall be made in the official language of the subject of the Russian Federation if such has been demanded in the request.
Government departments and local self-government shall be entitled to reply to any information disclosure request in the language in which the request has been made.
4. If any requested information concerning activities of government departments and local self-government is available in general-use information systems, the government department or local authority shall not give such information to the requester, but shall make a reference in its reply to the source in which such information is available. If the information user (consumer) makes a repeated request to give him or her such information concerning activities of a government department or local authority, the government departments or local self-government concerned shall give him or her the requested information in such ways and within such time limits as specified under this Federal Law.
5. If any data or records concerning activities of a government department or local authority are treated as classified information, the reply shall only make reference to the government ordinance or regulation (indicating its type, number and date of enactment) by virtue of which such data or records have been attributed to classified information.
If any data or records concerning activities of a government department or local authority are treated as confidential information, the reply shall only make reference to the government ordinance or regulation (indicating its type, number and date of enactment) by virtue of which such data or records have been attributed to confidential information.
If any part of the requested document contains limited-access information, the government department or local authority shall be required to disclose that information in the requested document which is not treated as limited-access information.
6. Any information-disclosure requests made by information users (consumers) and any relies made to such information-disclosure requests shall be subject to registration by the government department or local authority concerned.
Article. 17. Time Limits for Consideration of Information-disclosure Requests
The reply to any request as to disclosure of information concerning activities of any government department or local authority must be sent by the government department or local authority concerned not later than 30 days after the date on which the request is received, unless the federal laws have prescribed otherwise.
If requested information concerning activities of government departments and local self-government cannot be dispatched to the information user (consumer) within the specified time limit, the information user (consumer) shall be notified of the postponement within seven days of the date on which the request is received, indicating the cause of the postponement and the new time limit for providing the requested information, which cannot be longer than 15 days in excess of the time limit established for such replies by this Federal Law.
Article 18. Grounds for Denying Disclosure of Information Concerning Activities of Government Departments and Local self-Government
Government departments and local self-government may deny the disclosure of information to the information user (consumer) in the following instances:
if the content of the request makes it impossible to find out the requested information or the address at which to send the reply;
if the requested information concerning activities of the government department or local authority in question is not available and/or it is not known which of the government department or local self-government may possess such information;
if the requested information concerning activities of the government department or local authority in question is treated as limited-access information;
if the requested information concerning activities of the government department or local authority in question is available in general-use information system, unless the federal laws have specified otherwise;
if the requested information concerning activities of the government department or local authority in question has already been provided to the information user (consumer) before;
if the fees charged for providing information concerning activities of government departments and local self-government, as established under this Federal Law, have not been duly paid.
Article 19. Free-of-charge Provision of Information Concerning Activities of Government Departments and Local self-Government
The following kinds of information may be provided to information users (consumers) free of charge:
information concerning activities of government departments and local self-government routinely provided in verbal form;
information concerning activities of government departments and local self-government mandatory for disclosure in general-use information systems;
any other information concerning activities of government departments and local self-government as specified by the Russian Federation legislation or by ordinances or regulations of the subjects of the Russian Federation and local self-government.
Article 20. Fee-charged Provision of Information Concerning Activities of Government Departments and Local self-Government
1. Fees to be charged for the services of providing information concerning activities of government departments and local self-government shall include the costs of copying and delivering available information concerning activities of the government department or local authority and the costs of search or creation of information at the information user’s (consumer’s) request, unless it is specified otherwise under Article 20 of this Federal Law.
2. The list of fee-charged services of providing information concerning activities of federal executive agencies to be rendered to information users (consumers) shall be endorsed by a decree of the Government of the Russian Federation.
The list of fee-charged services of providing information concerning activities of other government departments or agencies to be rendered information users (consumers) shall be endorsed by ordinances or regulations of the government departments or agencies concerned.
The list of fee-charged services of providing information concerning activities of local self-government to be rendered information users (consumers) shall be endorsed by ordinances or regulations of the local authority concerned.
3. The methods of estimating the costs of fee-charged services of providing information concerning activities of government departments shall be endorsed by the Government of the Russian Federation.
The methods of estimating the costs of fee-charged services of providing information concerning activities of local self-government shall be endorsed by the local self-government, taking into account the estimation methods endorsed by the Government of the Russian Federation.
4. Any information user (consumer) shall be entitled to challenge the size of fees charged for providing information concerning activities of government departments and local self-government in a court of justice or by any other way.
Article 21. Procedure of Fee Payment for Provision of Information Concerning Activities of Government Department and Local self-Government
1. When an information disclosure request is filed, the government department or local authority which possesses the kinds of information meant for fee-charged provision shall send to the information user (consumer) a reply, as specified under this Federal Law, indicating that it does possess the requested information, attaching thereto an estimation of the cost of the information and a fee payment form.
2. The information user (consumer), on receipt of the reply of the government department or local authority, may or may not pay the fee charged for providing the information.
If he or she does pay the fee, the information user (consumer) shall return to the government department or local authority his or her reply, attaching thereto a copy of the document confirming the payment of the fee.
3. Any government department or local authority can refuse to render services of providing information requested by an information user (consumer), if the information user (consumer) has not supplied the government department or local authority concerned with any document confirming the payment of the information disclosure fee within two months of the date on which the reply is dispatched.
4. The government department or local authority, on receipt of the document confirming the paying of the information disclosure fees, shall deliver the requested information to the information user (consumer) within three days of the date on which the document is received.
5. Any government department or local authority which has provided fee-charged information containing some inaccurate or incomplete data shall be required to make necessary corrections or amendments free of charge on an application from the information user (consumer).
CHAPTER III. PROTECTION OF THE RIGHT OF ACCESS TO INFORMATION CONCERNING ACTIVITIES OF GOVERNMENT DEPARTMENTS AND LOCAL AUTHORITIES
Article 22. Protection of the Right of Access to Information Concerning Activities of Government Departments and Local self-Government
Any action (or failure to act) on the part of any government department or local authority or their officers that results in infringement of the citizen’s or organization's right of access to information concerning activities of government departments and local self-government may be challenged by appealing to the review officer of the government department or local authority, or by going to court, or by appealing to the Human Rights Commissioner in the Russian Federation.
A procedure may be established by the Russian Federation legislation for any actions or acts of government department and local self-government to be reviewed by an administrative appeal before going to court.
Any information user (consumer) who has been unlawfully denied the access to information concerning activities of government departments and local self-government, or who has received distorted, falsified, or incomplete information concerning activities of government departments and local self-government, or who has received such information concerning activities of government departments and local self-government beyond the time limits set for its delivery, shall be entitled to seek compensation for sustained damages, as specified under the Russian Federal civil legislation.
Article 23. Control and Supervision over Observation of the Right of Access to Information Concerning Activities of Government Departments and Local self-Government
Control over observation of the right of access to information concerning activities of government departments and local self-government shall be exercised by the authorized officer of the government department or local authority concerned.
Rules of procedures for exercising such control shall be defined by the regulations of the government department or the regulations of the local authority, respectively.
Supervision over execution by government departments and local self-government and their officers of this Federal Law and supervision over observation by government departments and local self-government of the right of access to information concerning activities of government departments and local self-government shall be exercised by the prosecutor’s office of the Russian Federation in such ways as prescribed in the Federal Law “On the Prosecutor’s Office of the Russian Federation”.
Article 24. Responsibility for Infringement of the Right of Access to Information Concerning Activities of Government Departments and Local self-Government
An officer or officers of any government department or local self-government or a governmental or municipal employee or employees who are found guilty of infringement of the right of access to information concerning activities of government departments and local self-government shall be liable to disciplinary, administrative, civil or criminal responsibility under the Russian Federation legislation.
CHAPTER IV. FINAL PROVISIONS
Article 25. Interim Provisions
1. Articles 8 and 13 of this Federal Law shall be effective after three months beginning from the moment when this Federal Law comes into force.
2. Paragraph 38 of Article 9 of this Federal Law shall be effective from 1 January 2005.
3. The Decree of the Presidium of the Supreme Soviet of the USSR of 12 April 1968, No. 2534-VII “On the Procedure of Consideration of Citizens’ Proposals, Applications and Appeals” shall be effective to the extend it does not contradict this Federal Law.
Article 26. Coming into Force
1. This Federal Law shall come into force from the day of its official publication.
2. Before all other laws and regulations effective on the territory of the Russian Federation have been made consistent with this Federal Law, they shall be applied as far as they do not contradict this Federal Law.
3. The President of the Russian Federation should be advised to make all the legal acts he has issued consistent with this Federal Law within a three-months’ time.
4. The Government of the Russian Federation should be instructed to make all ordinances and regulations it has issued consistent with this Federal Law within a three-months’ time and put before the State Duma of the Federal Assembly of the Russian Federation a proposal to make the Russian Federation legislation consistent with this Federal Law.