of April 14, 1994 No. 1476-XII
About protection of the state secrets of the Kyrgyz Republic
This Law determines the legal basis of functioning of system of protection of the state secrets in all types of activity of state bodies, companies, associations, the organizations, irrespective of patterns of ownership, military forming and citizens of the Kyrgyz Republic in all territory of the republic and in its organizations abroad.
Information classification - set of the actions established by the state on restriction of distribution of information.
Declassification of information - set of the actions established by the state on lifting of restrictions on distribution of information.
System of protection of the state secrets (the privacy mode) - the single procedure for ensuring safety and protection of the state secrets established by regulatory legal acts.
Disclosure of the classified information - illegal intentional or reckless acts of officials and citizens to which the corresponding data were in accordance with the established procedure entrusted on service or work, expressed in the message, transfer, representation, transfer, publication or finishing by different way of the classified information to persons which are not allowed to it or in loss by their carrier of the classified information.
The admission - the right to information access, containing the state secrets, drawn up in accordance with the established procedure.
Restrictive signature stamp - the obligatory attribute of the carrier of the classified information or the accompanying documentation to it determining special procedure for use of the data containing in them.
Privacy degree - the category characterizing importance of the classified information, extent of restriction of access to it and level of its protection by the state.
The legislation on protection of the state secrets consists of the Constitution, this Law, other regulatory legal acts of the Kyrgyz Republic, and also come in the procedure established by the law into force of international treaties which participant is the Kyrgyz Republic.
Reference of information to the state secrets is based on the principles:
legality - the implementation of classification of information according to the procedure established by the current legislation;
justification - determination of feasibility of classification of information by expert evaluation for the benefit of the state and citizens;
timeliness - establishment of restrictions for distribution of data from the moment of their education.
Are not subject to data classification:
- about the natural disasters and emergencies menacing to health of citizens;
- about catastrophic crashes and their consequences;
- about situation in ecology, uses of natural resources, health cares, sanitation, culture, agricultural industry, educations, trade and providing law and order;
- about the legality violation facts by state bodies and officials;
- about the facts encroaching on the rights and legitimate interests of citizens, and also creating threat of their personal security.
The state secrets of the Kyrgyz Republic are subdivided into three categories: state, military and office secrets.
Information which disclosure can entail heavy consequences for defense capability, safety, economic and political interests of the Kyrgyz Republic belongs to the state secret.
Restrictive signature stamps of "special importance" and "top secret" are appropriated to information which is the state secret.
The military secret is formed by data of military nature which disclosure can cause damage to Armed Forces and interests of the Kyrgyz Republic.
Restrictive signature stamps "top secret" and "confidentially" are appropriated to information which is military secret.
Information which disclosure can make negative impact on defense capability, safety, economic and political interests of the Kyrgyz Republic belongs to official secret. Such information has nature of the separate data relating to the state or military secret and does not open them completely.
The restrictive signature stamp "confidentially" is appropriated to information which is official secret.
The procedure for establishment of restrictive security classifications on information is determined by the Government of the Kyrgyz Republic.
Assignment of the restrictive signature stamps which are not provided by this Article is not allowed.
Treat non-state secrets: trade secret, information for office use, not for seal, the secrecy of the investigation, medical, personal and other types of secret.
Preserving non-state secrets is performed by their owner, and also persons to whom they are entrusted on service and kind of activity.
Ensuring safety of non-state secrets is regulated by the current legislation of the Kyrgyz Republic or rules developed by their owners according to the legislation.
Basic elements of system of protection of the state secrets are:
- rules of determination and establishment of degree of privacy of information containing in works, documents, products and nonconventional data carriers;
- procedure for the admission to the state secrets;
- restrictions for persons working with the state secrets;
- procedure for the address with the state secrets;
- control of ensuring safety of the state secrets;
- bodies of ensuring protection of the state secrets;
- responsibility for failure to meet requirements on protection of the state secrets.
Reference of information to the state secrets is performed according to Regulations on procedure for determination and establishment of degree of privacy of the data containing in works, documents and products based on the List of the major data constituting the state secrets and the List of the data which are subject to classification, approved by the Government of the Kyrgyz Republic.
The state bodies determined by the Government of the Kyrgyz Republic having the right to code and declassify the information which is property of legal entities and physical persons of the Kyrgyz Republic and meeting the requirements of article 5 of this Law with compensation of losses to owners.
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The document ceased to be valid since January 5, 2018 according to article 29 of the Law of the Kyrgyz Republic of December 15, 2017 No. 210