LAW OF THE REPUBLIC OF TAJIKISTAN

of June 18, 2008 No. 411

About the right to information access

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is creation of legal conditions for realization of the right of each citizen to free implementation of search and receipt of information, and also ensuring information openness of activities of public authorities, bodies of settlement and rural self-government.

Article 2. Basic concepts

In this Law the following basic concepts are used:

the right to information access - the right of each citizen to free implementation of information search and obtaining it from the state bodies and the organizations, other bodies and the organizations given the state powers of authority, local government bodies (further - bodies and the organizations), their officials having this information on legal causes;

public interest - the interest of any person connected with ensuring wellbeing, stability, safety and sustainable development of society;

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;

the official document - the document created by body, the organization, the official within the powers and certified in accordance with the established procedure;

information of limited access - information, access to which is limited for the benefit of ensuring national security according to the legislation on the state secrets and other regulatory legal acts governing the relations in the field of protection of the state secrets;

information - the information about persons, objects, facts, events, the phenomena, processes and opinions on them, irrespective of form of their representation.

Article 3. Legislation of the Republic of Tajikistan on the right to information access

The legislation on the right to information access is based on the Constitution of the Republic of Tajikistan and consists of this Law, other normative and legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 4. Scope of this Law

1. Operation of this Law extends on:

a) bodies and the organizations and their officials providing information;

b) persons obtaining information - physical and yuridicheskiyeimeyushchy the right to information access and addressed for it in accordance with the established procedure.

2. Operation of this Law extends to the relations connected with information access, containing in official documents and not carried to information category of limited access.

The decision on acquaintance with drafts of other official documents or finishing them to general data is accepted by bodies or the organizations which develop these projects.

Article 5. Information, access to which cannot be limited,

2. Access restriction is not allowed concerning the following documents and information:

a) the laws, other regulatory legal acts which according to the legislation of RT are subject to obligatory publication;

b) about emergency situations (incidents, catastrophic crashes, natural disasters) menacing to safety and health of citizens, their official forecasts: ecological, meteorological, demographic, sanitary and epidemiologic and other information necessary for safety of citizens, settlements, production and other facilities;

c) about the privileges, compensations and privileges provided to citizens, officials and the organizations;

d) about the facts of violation of rights and freedoms of man and citizen, and also the rights and legitimate interests of legal entities;

e) about activities of bodies and organizations, their officials.

Article 6. Basic principles of providing right to information access

1. The basic principles of providing the right to information access are:

a) availability and openness of information;

b) reliability and completeness of information;

c) timeliness of provision of information;

d) protection of the right to information access, including judicially;

e) responsibility for violation of the right to information access;

e) observance by provision of information of the rights and legitimate interests of the third parties;

g) establishment of restriction of the right to information access with the law and only in that measure in what it is necessary for protection of bases of the constitutional system, ensuring defense of the country and safety of the state, the authority and impartiality of justice; morality, health, rights and legitimate interests of physical persons and legal entities.

2. The procedure for establishment of the mode of limited access to information is determined by the law and regulatory legal acts adopted according to it.

Chapter 2. Procedure for realization of the right to information access

Article 7. Methods of realization of the right to information access

1. The information access is provided:

a) obligatory bringing information to general data;

b) satisfaction of personal and collective requests for information.

2. The procedure for obligatory bringing information to general data is determined by the laws and regulatory legal acts adopted according to them.

In all cases bodies and the organizations, their officials shall without delay all available means to bring to the general attention information on the facts and circumstances creating threat of public safety, life and to human health which became to them known.

3. Reporting of information for general data is performed by publication of official documents in special editions, placements them in the bases and databanks available to unrestricted circle of interested persons.

4. The information access at the request of the interested person can be provided in shape:

a) acquaintance with the official documents containing the queried information;

b) receipts of the copy of the relevant document or excerpts from it;

receipts of the written help containing the queried information;

receipts of oral statement of contents of the queried information;

c) receipts of data on source of publication of the queried information in the official publication.

5. The request for information, and also provision of information on request can be performed in oral or written form, including with use of electronic data transmission technologies.

Article 8. Organization of information access

1. Accomplishment of functions on the organization of information access in structure of bodies and the organizations is assigned to services and divisions, consisting in structure of these bodies and the organizations, and also to specific officials.

2. Function on providing with information persons requesting information is fixed in regulations on relevant organ or the organization in the course of which activities the specified information is created.

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