Administrative and legal protection of public information
Students Name: Malafei Oleksandr Serhiiovych
Qualification Level: magister
Speciality: Law
Institute: Institute of Jurisprudence and Psychology
Mode of Study: full
Academic Year: 2020-2021 н.р.
Language of Defence: ukrainian
Abstract: Malafey O.S, Blikhar M.M (supervisor). Administrative and legal protection of public information. Master’s qualification work. – Lviv Polytechnic National University, Lviv, 2020. The relevance of the topic of the master’s qualification work is due to the rapid development of information relations, which, in turn, contributed to the development of administrative legislation in terms of ensuring access to public information and its administrative and legal protection .. The national legislation prescribes the procedures for exercising the right of access to public information, enshrines the regimes of access to information, as well as mechanisms to protect the violated right of access to public information [1, p. 140]. Therefore, the relevance of our chosen research topic is undeniable. At the same time, systemic violations of the protection of public information by the subjects of power, as well as dynamic changes in administrative legislation, need further clarification. The purpose and objectives of the study. The purpose of the master’s qualification work is to analyze the features of administrative and legal support for the protection of public information, and the provisions of current administrative legislation. Tasks: ? describe the concept of public information; ? identify the subjects of public relations in the field of access to public information; ? to reveal the legal features of access to public information in Ukraine; ? analyze the administrative and legal mechanisms for regulating electronic access to public information; ? investigate liability for illegal inaction in the field of violation of access to public information; ? to reveal the features of public information protection in the system of communications between the state and citizens. The object of the study is public relations that arise in the process of protection of public information and are governed by the rules of administrative law. The subject of the study is the administrative and legal protection of public information. The first section «Administrative and legal aspects of public information» explores the concepts and features of public information and describes its types; subjects of public relations in the field of access to public information are considered. According to the Law of Ukraine «On Access to Public Information» [2] public information is reflected and documented by any means and on any media information that was obtained or created in the process of performing their duties by subjects of power, provided by the current legislation or which is in the possession of subjects of power, other managers of public information, defined by this law. Public information is characterized by the presence of two main features: 1) it is reflected and documented by any means and on any media information; 2) it is information that was received or created in the process of performing their duties by subjects of power or which is in the possession of subjects of power, other managers of public information [3, p. 29]. The second section «Organizational and legal support of administrative and legal protection of public information» is devoted to the administrative and legal features of access to public information in Ukraine and the mechanisms of administrative and legal regulation of electronic access to public information. It is established that the right to access public information is guaranteed: 1) the obligation of information managers to provide and disclose information, except as provided by law; 2) determination by the information manager of special structural subdivisions or officials who organize in the prescribed manner access to public information that he owns; 3) maximum simplification of the procedure for submitting a request and obtaining information; 4) access to meetings of collegial subjects of power, except as provided by law; 5) exercising parliamentary, public and state control over the observance of the rights to access public information; 6) legal liability for violation of the legislation on access to public information. The basic principles of ensuring access to public information include: ? transparency and openness of the subjects of power; ? free receipt and dissemination of information, except for restrictions established by law; ? equality, regardless of race, political, religious or other beliefs, gender, ethnic and social origin, property status, place of residence, language or other characteristics. The third section «Problems and prospects of administrative and legal protection of public information» addresses the issues of liability for illegal inaction in the field of violation of access to public information and prospects for improving the protection of public information in the communication system between state and citizens. 1. Responsibility for violation of the legislation on access to public information shall be borne by persons guilty of such acts shen: 1) failure to respond to a request; 2) failure to provide information upon request; 3) unreasonable refusal to satisfy a request for information; 4) non-disclosure of information in accordance with Article 15 of the Law «On Access to Public Information»; 5) providing or publishing inaccurate, inaccurate or incomplete information; 6) untimely provision of information; 7) unreasonable attribution of information to information with limited access; 8) failure to register documents; 9) intentional concealment or destruction of information or documents. Administrative liability for violation of protection of public information is established by Article 212-3 of the Code of Ukraine on Administrative Offenses [4]. Key words: public information, information society, state administration bodies, administrative legislation, administrative responsibility, public administration, administrative services. References 1. Sibiga OM Information as a phenomenon of legal reality. Scientific Bulletin of Uzhhorod National University. Law series. 2019. № Pp. 139-142. 2. On access to public information: Law of Ukraine of 13.01.2011. Information of the Verkhovna Rada of Ukraine. 2011. № 32. Art. 314. 3. Administrative law of Ukraine: a textbook for lawyers. universities and faculties / Yu.P. Битяк, В.В. Bogutsky, VM Garashchuk [etc.]; for order. Yu.P. Битяка, В.М. Garschuk, VV Zui. Kharkiv: Pravo, 2010. 624 p. 4. Code of Ukraine on Administrative Offenses. URL: https://zakon.rada.gov.ua/laws/show/80731-10.