Problems in Legal Regulation of Officially Restricted Information Content in Ukraine
Published 06/29/2022
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Abstract
The article considers the problems of legal regulation and the practical aspects of classifying information as officially restricted in Ukraine.
Based on the analysis of the relevant
requirements of constitutional and administrative legislation as well as indexes of officially restricted information, a number of problems have been identified that have a significant impact on the protection of this type of limited access data.
The basic problems are the deficiency of the definition of officially restricted information in law as well as the fragmentary legislative recognition of the features of these data, all of which prevent from defining clearly criteria for classifying information as officially restricted.
These shortcomings force the power entities to act at their own discretion, which leads to an unjustified restriction of access to information.
On the basis of a study of the content of the legislation, the author's own vision of the essential features of officially restricted information is defined, and a proposal for their consolidation in the current legislation is presented.
Key words: officially restricted information, criteria for classifying information as officially restricted, evaluation of information for being classified as officially
restricted.