Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW KYRGYZ REPUBLIC

of December 5, 1997 No. 89

About guarantees and freedom of information access

(as amended on 18-03-2017)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on November 11, 1997

Article 1. Law purpose

This Law governs the relations arising in implementation process of the right of everyone freely and to freely look for, receive, research, to make, transfer and distribute information.

Article 2. Legislation on guarantees and freedom of information access

The features connected with information access, being under authority of state bodies and local government bodies, are regulated also by the Law of the Kyrgyz Republic "About information access, being under authority of state bodies and local government bodies of the Kyrgyz Republic.

Article 3. Guarantees of information access

The right of access to information is guaranteed to everyone.

The state protects the rights of everyone to search, obtaining, research, production, transfer and distribution of information.

Restrictions in access and distribution of information are established only by the law.

Article 4. Basic principles of freedom of information access

The basic principles of freedom of information access are general availability, objectivity, timeliness, openness and accuracy of the information.

Article 5. Request for receipt of information

Everyone has the right directly or through the legal representatives to make inquiry for receipt of information.

The request for receipt of information can be expressed in writing.

The written request shall contain surname, name, middle name and the address addressed, the name of the queried information or its nature.

Written requests are subject to registration.

The features connected with request for receipt of information which is under authority of state bodies and local government bodies are regulated also by the provisions of the law of the Kyrgyz Republic "About information access, being under authority of state bodies and local government bodies of the Kyrgyz Republic.

Article 6. Ensuring access to information

State bodies, local government bodies, public associations, the companies, organizations, the organizations and officials shall provide everyone access to the documents, decisions and other materials affecting its rights and legitimate interests.

The information access is provided in the way:

1) publications and distribution of the corresponding materials;

1-1) carrying out information and explanatory work in mass media on the made socially important decisions, including the regulatory legal acts assigning new obligations to citizens, legal face downwards, establishing or strengthening responsibility;

2) provisions of information based on request;

3) promulgation of information on the activities;

4) ensuring direct access to documents and materials;

5) ensuring direct access to open sessions of state body and local government bodies;

6) any different ways which are not prohibited by the legislation of the Kyrgyz Republic.

The state bodies and local government bodies which made the decisions specified in Item 1-1 of part 2 of this Article or state bodies which competence the questions raised by these decisions enter shall take without fail measures for their public and timely information explanation.

Article 7. Provision of information and its payment

Information on request affecting the rights and legitimate interests of addressed is provided free of charge.

For provision of other information the payment by agreement of the parties can be levied.

Article 8. Openness of information

The state, public and private mass media provide its full disclosure for all citizens and the organizations, without selecting any special categories of users with this information.

Openness of information includes open entry as to periodicals, information TV, to radio programs, and access to sources of receipt of information in the cases provided by the law. The requirement of this Article does not extend to confidential information, and also information containing the state, trade or official secret.

Article 9. Information which is not subject to provision

State bodies, local government bodies, public associations, the companies, organizations, the organizations and officials have no right to provide information containing state or other secret, and also information protected by the law with limited access.

Article 10. The list of information which is not subject to public distribution

In mass media it is not allowed:

1) disclosure of the state and trade secret;

2) appeal to violent overthrow or change of the existing constitutional system, violation of sovereignty and territorial integrity of the Kyrgyz Republic and any other state;

3) propaganda for war, violence and cruelty, national, religious exclusiveness and intolerance to other people and the nations;

4) insult of religious feelings of believers and attendants of cult;

5) distribution of pornography;

6) the use of the expressions which are considered as obscene;

7) distribution of the materials breaking regulations of civil and national ethics, offending attributes of the state symbolics (the coat of arms, flag, the anthem);

8) infringement of honor and advantage of the personality;

9) promulgation of obviously false information;

10) It is excluded by the Law of the Kyrgyz Republic of October 18, 2002 N 147)

Article 11. Responsibility for accuracy of the information and violation of the right to information

Mass media shall check reliability of the published information and bear together with information source responsibility for its reliability according to the procedure, established by the legislation.

Persons guilty of violation of the right to information bear responsibility according to the legislation.

Article 12. Appeal right

The actions or failure to act of state bodies, local government bodies, public associations, companies, organizations, organizations and officials infringing the rights of physical persons and legal entities to receipt of information can be appealed according to the procedure, provided by the Law of the Kyrgyz Republic "About bases of administrative activities and ministerial procedures".

Article 13. The international agreements in the field of guarantees and freedom of information access

If the international treaty of the Kyrgyz Republic establishes other rules, than those which are provided in this Law then are applied rules of the international treaty.

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