LAW OF THE KYRGYZ REPUBLIC

of December 29, 2023 No. 217

About the right to information access

Accepted by Jogorku Kenesh of the Kyrgyz Republic on November 15, 2023

Chapter 1. General provisions

Article 1. Purposes of this Law

The purposes of this Law are ensuring the realization and protection of the right of everyone to information access which is under authority of the owners of information determined by this Law and achievement of the maximum information openness, publicity, transparency in their activities.

Article 2. Scope of this Law

1. This Law governs the relations connected with realization and protection of the right of everyone to information access.

2. Everyone has the right to information access, information which is available under the authority of owners, according to the procedure, provided by this Law.

3. The legislation regulations containing in other laws and other regulatory legal acts and concerning coverage of this Law shall correspond to this Law. In case of collisions between this Law and other laws regulations of this Law are applied.

Provisions of part 2 of this Article do not interfere with establishment by other laws of restrictions for information access according to requirements of this Law.

4. In case of application of this Law of its regulation shall be interpreted by the method allowing most full to realize its purposes and the purposes of realization of the right to information access stated in Article 1 and part 2 of article 5 of this Law.

5. Operation of this Law does not extend:

1) on the relations connected with offers, statements and claims of physical persons and legal entities in state bodies or local government bodies, except for the complaints made in connection with violations of this Law;

2) on the relations which arose in connection with the appeal of physical persons and legal entities which procedure for consideration is established by the procedural legislation;

3) on the relations connected with provision of information, access to which is limited according to the laws in the field of protection of the state secrets, personal data protection of the Kyrgyz Republic, and also on the relations connected with provision of information, access to which is limited according to part 3 of article 8 of this Law.

Article 3. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the document - information fixed in the written, audiovisual, acoustic, electronic, optical or any other form suitable for direct perception with the details established for this form of the document;

2) information - fixed by all means and on any carriers of the data (messages, data) on persons, objects, the facts, events, the phenomena and processes irrespective of form or source of information which are under authority of the owners of information determined by this Law;

3) the official document - the document created by subjects of public sector within the powers and certified in accordance with the established procedure, which:

- contains the information fixed on any material carriers confirming or certifying certain events, the phenomena or the facts;

- it is capable to grant the rights, to exempt from obligations or to create other effects of legal nature;

- it is constituted, issued or certified by authorized persons of state bodies, local government bodies, public and local government offices, and also legal entities irrespective of pattern of ownership;

- it is constituted with observance of the requirements determined by the legislation and contains stipulated by the legislation details;

4) owners of information are the subjects of the public and non-state sector determined in article 11 of this Law;

5) the right to information access - the right of everyone to freely look for and obtain information in any form and from any sources in case of observance of requirements of this Law and other regulatory legal acts;

6) users of information - the physical persons or legal entities requesting and (or) using information except subjects of public sector;

7) the website - the place on the Internet representing set of information which is available from Internet space of the Kyrgyz Republic;

8) fund of official information of state bodies and local government bodies - the legal acts, other documents and materials of state bodies and local government bodies open for acquaintance of users of information with them;

9) public sector - the state bodies, local government bodies, the public and local government offices and the companies functioning on the principles of operational management, economic maintaining and/or self-financing and also other legal entities with the state or municipal share.

Article 4. Guarantees of providing right to information access

1. The state guarantees the right of everyone to search, obtaining, storage, use and distribution of information which is under authority of the owner of information according to provisions of this Law.

2. The right to information access is guaranteed:

1) obligation of owners of information to provide and promulgate information;

2) determination by owners of information of the special structural divisions or officials organizing in accordance with the established procedure information access which they possess;

3) maximum simplification of the procedure of giving of request and receipt of information;

4) access to open sessions of collegiate organs of subjects of public sector;

5) implementation of parliamentary, public and state control over observance of the right to information access;

6) responsibility for violation of the legislation on information access;

7) other measures directed to effective realization of the right to information access.

Article 5. Principles of providing and purpose of realization of the right to information access

1. Providing the right to information access is based on the principles:

1) legality;

2) openness and transparency of activities of owners of information;

3) general availability, reliability and completeness;

4) relevance and timeliness;

5) equal information access;

6) observance of the rights and legitimate interests of physical persons and legal entities.

2. The purposes of realization of the right to information access are:

1) strengthening of freedom of expression and opinion;

2) creation of conditions for bystry and equal access for everyone to information which is under authority of owners of information;

3) building confidence of the population in subjects of public sector;

4) assistance to identification and suppression of corruption, other types of crimes and offenses, and also facts of unfair public administration;

5) increase in accountability of owners of information;

6) implementation by the control public over accomplishment by subjects of public sector of public legal duties.

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