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LAW OF UKRAINE

of January 21, 1994 No. 3855-XII

About the state secret

(as amended on 17-07-2020)

This Law governs the public relations connected with reference of information to the state secret, classification, declassification of its material carriers and protection of the state secret for the purpose of protection of homeland security of Ukraine.

Section I. General provisions

Article 1. Determination of terms

In this Law terms are used in the following value:

the state secret (further also - the classified information) - the type of the classified information covering data in the sphere of defense, economy, science and technology, the external relations, state security and protection of law and order which disclosure can cause damage of homeland security of Ukraine and which are acknowledged according to the procedure, established by this Law, the state secret and are subject to protection by the state;

reference of information to the state secret - the procedure of adoption (the state expert in secrets) of the decision on reference of category of data or separate data to the state secret with establishment of degree of their privacy by reasons and determination of possible damage of homeland security of Ukraine in case of disclosure of these data, inclusion of this information in the Code of the data which are the state secret and with publication of this Code, changes to it;

security classification - the detail of the material carrier of the classified information certifying degree of privacy of this information;

the state expert in secrets - the official, authorized to perform according to requirements of this Law reference of information to the state secret in the sphere of defense, economy, science and technology, the external relations, state security and protection of law and order, change of degree of privacy of this information and its declassification;

the admission to the state secret - registration of the right of the citizen to access to the classified information;

access to the state secret - provision by the authorized official of permission to the citizen on acquaintance with the specific classified information and implementation of the activities connected with the state secret or acquaintance with the specific classified information and implementation of the activities connected with the state secret, this official according to its office powers;

classification of material data carriers - introduction in the procedure for restrictions for distribution and access to the specific classified information established by the legislation by provision of the corresponding security classification to documents, products or other material carriers of this information;

The code of the data which are the state secret - the act in which lists of data which according to decisions of the state experts in secrets are the state secret in the spheres determined by this Law are consolidated;

category of the mode of privacy - category which characterizes importance and amounts of the data which are the state secret which are concentrated in state bodies, local government bodies, at the companies, in organizations and the organizations;

cryptographic protection of the classified information - protection type which is implemented by transformation of information with use of special data (key data) for the purpose of concealment (or recoveries) contents of information, confirmation of its authenticity, integrity, authorship, etc.;

material carriers of the classified information - material objects, including physical fields in which the data which are the state secret are reflected in type of texts, signs, symbols, images, signals, technical solutions, processes, etc.;

protection of the state secret - complex of the organization-legal, technical, cryptographic and operational search measures directed to the prevention of disclosure of the classified information and losses of its material carriers;

the privacy mode - the single procedure for ensuring protection of the state secret established according to requirements of this Law and other regulatory legal acts published according to it;

declassification of material carriers of the classified information removal in the procedure for restrictions for distribution and access to the specific classified information established by the legislation by cancellation of earlier provided security classification to documents, products or other material carriers of this information;

special examination concerning availability of conditions for implementation of the activities connected with the state secret, expertize which is carried out for the purpose of determination in state bodies, local government bodies, at the companies, in organizations and the organizations of availability of the conditions provided by this Law for implementation of the activities connected with the state secret;

privacy degree ("special importance", "top secret", is "confidential") - the category characterizing importance of the classified information, extent of restriction of access to it and level of its protection by the state;

technical protection of the classified information - the protection type aimed at providing with technical means of confidentiality, integrity and impossibility of blocking of information.

Article 2. Legislation of Ukraine on the state secret

The relations in the sphere of protection of the state secret are governed by the Constitution of Ukraine, the laws of Ukraine "About information" and "About access to public information", this Law, international treaties which consent to be bound is this the Verkhovna Rada of Ukraine and other regulatory legal acts.

Article 3. Law coverage

Operation of this Law extends to bodies of legislative, executive and judicial authority, bodies of prosecutor's office of Ukraine, other state bodies, including the territorial authorities of the central executive body realizing the state customs policy, and to the central executive body realizing the state tax policy formed as separate divisions of the central executive body without the status of the legal entity, the Verkhovna Rada of the Autonomous Republic of Crimea, Council of Ministers of the Autonomous Republic of Crimea, local government bodies, the companies, organizations and the organizations of all patterns of ownership, consolidation of citizens (further - state bodies, local government bodies, the companies, organizations and the organizations) which perform the activities connected with the state secret, citizens of Ukraine, foreigners and stateless persons to which access to the state secret is in accordance with the established procedure provided.

The data transferred to Ukraine which are secret of foreign state or the international organization are protected according to the procedure, provided by this Law. If the international treaty which consent to be bound is this the Verkhovna Rada of Ukraine establishes others, than provided by this Law, rules of protection of mystery of foreign state or the international organization, rules of the international treaty of Ukraine are applied.

Article 4. State policy concerning the state secret

State policy concerning the state secret as component of fundamentals of domestic and foreign policy is determined by the Verkhovna Rada of Ukraine.

Article 5. Competence of state bodies, local government bodies and their officials of the sphere of protection of the state secret

The president of Ukraine, ensuring homeland security, issues decrees and orders concerning protection of the state secret, the carried this Law and other laws to its powers.

The National Security and Defense Council of Ukraine coordinates and controls activities of executive bodies in the sphere of protection of the state secret.

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