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§ 1. Constitutional law maintenance on access to the information of bodies of public authority on the Internet: The general approaches

Access right to the information – the major constitutional law of the person and the citizen. In the conditions of formation and development of an information society, and also the phenomena caused by development of the Internet, this right acts as simultaneously ideological basis and a technological condition of realisation as freedom of speech on the Internet, and other constitutional laws.
In the present section konstitutsionno-legal aspects of access right to the information in organic interrelation with other constitutional laws, first of all with a freedom of speech will be considered. Providing of access to the information – one of the base concepts characterising expansion of human rights in a society, often called "information". As marks O.V.Sergeeva, the idea of access to the information is key for construction of originally democratic world order: « Freedom appears, first, as absence of censorship and freedom of publications, secondly, as criticism freedom, thirdly, as variety of ways of reception of the information and knowledge. Pictures of the new reality based on universal availability of electronic resources, still – as well as in days of J. Milton when the printing word was the favourite, – are involved in political rhetoric. The information order which is modelled by ideology of new information technologies, is based on overcoming of harm of alienation any more between citizens, but between the countries and the people. If the epoch of book culture used a structurization axis „competent – illiterate“ the opposition „included in global information system – excluded of global information system“ »183 became actual classification today. At the same time one of ideologists of" a new information order »A.Samasseku approves:« … the dream of unlimited access to the information, to the primary sources which inaccessibility frequently led earlier to a lack of data »184 is close to realisation. Access to the information, in its opinion, should be:) general – any person worldwide should have possibility to receive the information necessary to it; unobstructed – there should be no unreasonable restrictions for access to the information. The Corresponding member of the Russian Academy of Sciences S.A.Arutyunov believes, that the access right to the information costs above intellectual property right, and thereupon the last should die off. In its opinion, the concept of intellectual property should become so archaic, same property of history, as well as medieval concepts vedovstva and damage promptings. The more likely we will refuse concepts of intellectual property, the copyright, a copyright and to that similar, the it will be better. The right to the information becomes today one of the most important rights 183 Sergeeva O.V.Svoboda of access to the information as idea of changes: experience of anthropology of a modern society//a culture Observatory. 2007. №. 5. With. 7. 184 Samass? kou, A. World Summit on the Information Society: the first step towards a genuine shared knowledge society//IFLA Journal. Vol. 30, No 1, 2004. pp. 5–13. The person. The founder of site Wikileaks Dzhulian Assandzh, according to S.A.Arutyunov, has stood up for the right to access to информации185.
The major it is international - also the konstitutsionno-legal certificates directed on maintenance of access right to the information on the Internet the Principle of freedom of the information for the first time information freedom – the fundamental right of the person and criterion of realisation of all freedom on which United Nations activity is concentrated has been recognised by the United Nations in 1946 which has accepted the resolution 59 (1) where it is said, that. Since then all three basic regional systems of protection of human rights (the Organization of the American states, the Council of Europe and the African union), and also the international organisations, such as the Interamerican court under human rights and the European court under human rights, recognised importance of the right to the information, though and with restrictions (for example, in sphere of providing of access to any governmental information). Nevertheless principles of the right to expression freedom include, for example, disclosing of a maximum of the information, the publication obligation, advancement of an openness of the state and processes for simplification of access. It is counterbalanced by such reasons, as national safety and confidentiality. In more than 70 countries laws on access to информации186 worldwide are passed. The Internet has helped much to provide of these countries to the citizens access to the information connected with 185 See: Cultural aspects and pravoprimenitelnaja practice in the field of human rights in the Far East and in South East Asia. WP18/2011/03. M: Izd. The house of the Higher school of economy, 2011. With. 3. 186 See, for example: Banisar, D.Svoboda information and access to the governmental documents. The legislation review on access to the information in the world. M: De It is new, 2004. 160 with. Activity of such public bodies, as sessions of parliamentary committees, proceedings, and konstitutsionno-legal decisions, and also the laws connected with them and rules. It leads bolshej to a transparency and the accountability of the governments. In the absence of public access to the information on the Internet there is a censorship problem. Theoretically it is possible to limit freedom of the information and freedom of expression only to the laws connected with confidentiality. But in practice there is also a wide range of the technical, legal and standard problems connected with cultural, political and economic conditions concrete государств187. Among norms about the human rights accepted within the limits of the organisations of system of the United Nations it is necessary to designate at least two major documents. The access right to the information on the Internet admits two important documents of the United Nations. So, in the Convention on the rights of invalids 2006 188 it is proclaimed, that the state-participants take all appropriate measures for that maintenance that invalids could have right on freedom of expression of opinion and belief, including freedom to search, receive and extend the information and ideas on a level with others, using on the choice all forms of the dialogue defined in article 2 of the Convention, including … active prompting of the private enterprises rendering services to general public, including through the Internet, to granting of the information and services in accessible and suitable formats for invalids and 187 URL: http://ssrn.com/abstract=1654464 188 See: the Convention on the rights of invalids: it is accepted by the Resolution 61/106 on 76th plenary session of 61st session of General Assembly of the United Nations on December, 13th, 2006, New York//United Nations Site. [An electronic resource]. URL: http://www.un.org/ru/documents/decl_conv/conventions/disability.shtml prompting of mass media, including giving the information through the Internet, to transformation of the services in accessible to invalids. The convention on the rights of invalids is ratified Russian Федерацией189. At level of ministers of the European economic commission of the United Nations it is accepted Orhussky конвенция190 on which each party guarantees the rights to access to the information, on participation of the public in decision-making process and on access to justice on the questions, concerning environment. According to Convention article 3 each party provides, that the state bodies in reply to the request for granting of the ecological information immediately gave (within the limits of the national legislation) to the public such information. This Convention is not ratified by the Russian Federation. At level of the Council of Europe the Frame convention on protection national меньшинств191 which recognises the right of any person belonging to a national minority, to freedom of expression of opinion which includes freedom to hold any opinion and freedom to receive and communicate or ideas in language of minority without intervention from the government and irrespective of borders is accepted. The frame Convention 189 See: the Federal act from May, 3rd, 2012 № 46-FZ «About ratification of the Convention on the rights of invalids»//SZ the Russian Federation. 2012. № 19, item 2280. 190 See: the Convention on access to the information, participation of the public in decision-making process and access to justice on the questions, concerning environment: Arhus, on June, 25th, 1998//United Nations Site. [An electronic resource]. URL: http://www.un.org/ru/documents/decl_conv/conventions/orhus.shtml (reference date: 08.09.2012). 191 See: the Frame convention on protection of national minorities (ETS № 157): It is concluded in about protection of national minorities it is ratified Russian Федерацией192. Also the Council of Europe accepts the Convention on access to official документам193. This Convention is the first obliging international legal document in which the access general law to the diplomas which are in the state bodies admits and fixed. Restriction on access right to diplomas is authorised to be established only for protection of separate interests, such as national safety, defence or private life. In the Convention the minimum standards which are necessary for applying at processing of inquiries contain About access to diplomas (the form of inquiries and gathering in connection with access to diplomas), and also procedure of revision of the accepted decisions and supplementary measures. It is opened to signing by member countries of the Council of Europe and the introduction of the countries which are not its members, and also any international organisation., However, this convention is not ratified by Russia. The access right to the information and a freedom of speech in many constitutional certificates acts as complex competence. In the Constitution of the Russian Federation it is article 29 recognising in point 1 freedom of thought and a word, in point 3 – freedom of expression of opinion, and in point 4 – is right to search, receive, transfer, make and extend freely the information in any lawful way. In the Constitution of the Russian Federation are available 192 See: the Federal act from June, 18th, 1998 № 84-FZ «About ratification of the Frame convention on protection of national minorities». [The Electronic resource]. Access from sprav.-legal system "ConsultantPlus". 193 See: Council of Europe Convention on Access to Official Documents. Troms?, 18.VI.2009. / transfer can be looked on a site: http://mosmediator.narod.ru/mezhdunarodnie_akti/konventsiya_soveta_evropi_o_dostupe_k_ofitsialnim_ dokumentam/[the Electronic resource]. URL: http://conventions.coe.int/Treaty/EN/Treaties/Html/205.htm as well other norms guaranteeing access to other types of information. So, in article 41 the right to the information on the facts and the circumstances creating threat for a life and health of people, and in article 42 – the right to a trustworthy information about an environment condition is guaranteed. Foreign constitutional certificates also contain similar norms both under the expression form, and under the maintenance. For example, according to article 16 of the Federal Constitution of the Swiss Confederation any person has the right to receive freely the information, to extract it from accessible sources and распространять194. According to the Constitution of the Latvian Republic everyone has the right to a freedom of speech which includes the right to reception, possession and information distribution, the statement of the sights. Censorship запрещена195. Article of V Constitution of Hungary proclaims, that each person has the right to protection of personal data which concern it or it, and also the right to access and distribution of the information representing public interest. In article VIII it is provided, that everyone has the right to a freedom of speech. Hungary recognises and protects freedom of mass-media. The special majority law establishes detailed rules about freedom of mass-media, and also rules on supervision of electronic mass-media and of news of the market of means mass информации196. 194 See: the Federal Constitution of the Swiss Confederation//Constitutions of foreign countries. The decree. soch. With. 95. 195 See: the Constitution of the Latvian Republic (with the amendments proclaimed till April, 29th, 2009) . [The Electronic resource]. URL: http://www.satv.tiesa.gov.lv/? lang=3&mid=8 (reference date: 08.09.2012). 196 See: The Fundamental Law of Hungary of 25 April 2011. [The Electronic resource]. URL: http://www.kormany.hu/download/4/c3/30000/THE%20FUNDAMENTAL%20LAW%20OF%20HUNG ARY.pdf (reference date: 08.09.2012). Thus, the freedom of speech as possibility to express the own point of view without dependence from a power position is closely connected with access right to the information. In a network these rights support the Internet as it will be visible further, and supplement each other.
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A source: SHCHERBOVICH ANDREY ANDREEVICH. the CONSTITUTIONAL GUARANTEES of the FREEDOM OF SPEECH And ACCESS RIGHT To the INFORMATION In the NETWORK the INTERNET. 2013

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