Infringements of the legislation of Ukraine about access to the information Is the reason for the guilty persons disciplinary, civil, administrative or the criminal liability according to the legislation of Ukraine.
The legal responsibility – one of forms of the social responsibility. The essence of the social responsibility will consist in a duty of the individual to carry out requirements which are put forward to it by a society, the state, other individuals.
The legal responsibility is applications to the person who has made an offence, the measures of the compulsion stipulated by the sanction of excited norm, in established for this purpose to the remedial order on behalf of the state and on the basis of the law.
The law of Ukraine “About the information” contains clause, which provides the responsibility for infringement of the legislation on the information.
The responsibility for infringement of the legislation on the information, regarding realization by citizens right of access to the information, the persons guilty of fulfilment of such infringements, bear for:
¾ Unreasonable refusal of granting the corresponding information;
¾ Grantings the information which does not correspond to the validity;
¾ Delayed granting the information;
¾ The going concealment of the information;
¾ Compulsions to distribution or interference to distribution of the certain information, and also censorship;
¾ Uses and distributions of the information concerning private life of the citizen without its consent by the person which is the proprietor of the corresponding information owing it due to performance of the official duties;
¾ Disclosure of state or other secret which is protected by the law by the person whom should protect this secret;
¾ Infringements about preservation of the information;
¾ Unreasonable reference of separate kinds of the information to a category of data with the limited access;
¾ Infringements about the account, preservations and uses of documents and other data carriers which contain the confidential information which is the property of the state.
In cases when an offence, made by the subject of an information work, caused material or moral harm to the physical or legal persons, guilty persons compensate it voluntary or on the basis of the decision of court. Bodies of the government, institutions of local government as claimants in affairs about protection of honour, advantage and business reputation can demand on court only a refutation of a unreliable information and have no right to demand compensation moral (non-property) harm. It does not deprive the official of body of the government or institutions of local government of the right on protection of honour, advantage and business reputation in court.
Criminal legislation of Ukraine provides the following structures of the crimes connected to infringements of the established order of access to the information.
Article 114 of the Criminal code of Ukraine “Espionage” provides responsibility for tha transfer or collecting with the purpose of transfer to the foreign state, the foreign organization or their representatives of data which make the state secret if these actions made by the foreigner or the person without citizenship.
Article 111 of the Criminal code of Ukraine provides the responsibility for espionage (transfer or collecting with the purpose of transfer to the foreign state, the foreign organization or their representatives of data which make the state secret) made by the person with ukrainian citizenship.
Article 127 of the Criminal code of Ukraine provides the responsibility for wrongful actions of the person concerning access to the information: deliberate causing of a strong physical pain or physical or moral suffering, tortures or other violent actions with the purpose to induce the victim or other person to make actions which contradict their will, including to receive from it or other person the information, certificates or recognitions.
Article 163 of the Criminal code of Ukraine provides the responsibility for infringement of secret of correspondence, telephone conversations, cable or other correspondence which are passed by a communication facility or through a computer.
Article 182 of the Criminal code of Ukraine “Infringements of inviolability of a private life” fixes the responsibility for “illegal collecting, preservations, uses or distributions of the confidential information on the person without its consent or distribution of this information to public statement, product which is publicly shown, whether in mass media”.
Article 231 of the Criminal code of Ukraine provides the responsibility for illegal collecting with the purpose of use or uses of data which make commercial or bank secret.
Article 330 of the Criminal code of Ukraine establishes the responsibility of collecting with the purpose of transfer to the foreign enterprises, establishments, the organizations or their representatives of economic, scientific and technical or other data which make the confidential information which is the property of the state, made by the person to what these data have been trusted or began known in connection with performance of official duties, for the lack of attributes of high treason or espionage.
Separate structures of the administrative offences stipulated by the Code of Ukraine about administrative offences. Article 212-3 of the Code provides the administrative responsibility for infringement of the right on the information: wrongful refusal in granting the information, delayed or incomplete grantings of the information, granting of the information which does not correspond to the validity, in cases when such information is subject to granting on search of the citizen or the legal person according to laws of Ukraine “About the information”, “About the reference of citizens” and “About access to judgements”.
The Civil code of Ukraine carries the information to objects of the civil rights. Article 200 of the Civil code of Ukraine in particular defines, that “the subject of relations in sphere of the information can demand elimination of infringements of its right and compensation of the property and moral harm, caused by such offences”.
The important guarantee of realization and protection of the rights of the proprietor of the information is that after use of all national means of a legal protection the participant of information civil relations can address for protection of their rights and freedom to the international judicial establishments, for example, to the European Court for human rights.
To offenders the collectings stipulated by regulations, disciplinary charters and positions can be applied: remarks, warnings, reprimand, dismissals, downturn in a rank etc.
In case of wrongful refusal by officials in granting the information they can be involved both to disciplinary, and in a liability. For example, in a case when under the decision of court from establishment where such official works, moral harm for the benefit of asking information is collected.
