Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC

LAW OF THE KYRGYZ REPUBLIC

of December 28, 2006 No. 213

About information access, being under authority of state bodies and local government bodies of the Kyrgyz Republic

(The last edition from 20-07-2017)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on November 14, 2006

Chapter 1 General provisions

Article 1. Purposes of this Law

The purposes of this Law are ensuring the realization and protection of the right to information access which is under authority of state bodies and local government bodies and achievement of the maximum information openness, publicity and transparency in activities of state bodies and local government bodies.

Article 2. Scope of this Law

1. This Law governs the relations connected with access of physical persons and legal entities to being under authority of state bodies and local government bodies of information.

2. Obligations on provision of information according to provisions of this Law are assigned to all state bodies and local government bodies.

State bodies the organizations founded on permanent basis according to the Constitution of the Kyrgyz Republic, the constitutional and other laws of the Kyrgyz Republic, presidential decrees of the Kyrgyz Republic authorized are recognized to perform functions of the legislative, executive or judicial government, and also to make decisions, obligatory for execution, and to provide their realization, any territorial subdivisions or structural unit performing functions or part of functions of the central state body financed completely from the republican budget, also.

Local government bodies the representative, executive bodies created by local community for the solution of cases of local value and also any territorial subdivision or structural unit performing functions or part of functions of local government body are recognized.

"State body" and "local government body" is covered by terms also any organization, including its territorial subdivision or structural unit financed fully or partially from the republican or local budget and performing the functions which are not connected with implementation of the government or functions of local self-government including healthcare institutions, educations, information, statistical, consulting on issuance of credits.

3. Operation of this Law does not extend:

- on the relations arising in case of the address of citizens with offers, statements and claims in state bodies or local government bodies, except for the complaints made in connection with violations of this Law;

- on the relations connected with access of state bodies or local government bodies to information which is under authority of other state bodies or local government bodies;

- on the relations connected with provision of information, access to which is limited according to the laws of the Kyrgyz Republic.

Article 3. Guarantees and liberty principles of information access

The right of access to information which is under authority of state bodies and local government bodies is guaranteed to everyone.

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

The state protects the right 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. Openness, transparency and publicity of activities of state bodies and local government bodies

1. Activities of state bodies and local government bodies are open, transparent and public.

2. Information on activities of state bodies and local government bodies is public. Any restriction of information access, being under authority of state bodies and local government bodies, is forbidden, except the cases specified in article 5 of this Law.

3. The decision on refusal in information access shall be motivated and proved only on the bases provided in article 15 of this Law.

4. It cannot be refused acquaintance with the decision based on which the information access is limited. The documents and materials containing data, access to which shall be limited according to the law, are provided in the part which is not containing such data.

Article 5. Restrictions of information access

1. Restriction of information access is set for the purpose of:

1) protection of homeland security, public order;

2) health protection or morality of the population;

3) protection of the rights and freedoms of other persons.

2. Restriction of access is set in relation to information:

1) about the state secrets determined by the marine life protection act of the state secrets;

2) the personal nature determined by the law on information of personal nature;

3) about operational search activities, about criminal proceeding in the cases established by the law;

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