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Access to information. A global trend towards reforming the governmental institutions

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Abstract

The purpose of the article is to identify in a general interpretation of the right to information the proper subject regarding the right of access to official information and to determine its specific character. The article considers the access to information as: a) a global trend in the reform of social and state institutions on the basis of openness; b) a new public law institute which develops and secures the principle of transparency of public law in current conditions; c) an institute necessary for consolidation and progress of the national state.Research results: the principle of public interest prevailing is not always reflected in national laws on access to information: the authorities have broad powers to take many information categories away from the scope of the Act and from the public view. Main conclusions: statutory and strictly secured in practice access to official information is an institutional guaranty of the basic principles of a national state (a democratic republic): democracy, public accountability of officials, providing citizens with access to official information, is a sacred constitutional duty of every officer in the state. Failure to perform this duty by officials is tantamount to attacking the foundations of the state and should result in punishment commensurate with the harm that such an offence has not only to the person whose right to access to information is violated,but also to the entire nation - its civil public structure.

Suggested Citation

  • Olga Afanasyeva, 2012. "Access to information. A global trend towards reforming the governmental institutions," Public administration issues, Higher School of Economics, issue 3, pages 159-172.
  • Handle: RePEc:nos:vgmu00:2012:i:3:p:159-172
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