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LAW OF UKRAINE

of April 9, 2015 No. 316-VIII

About access to archives of repressive bodies of communist totalitarian regime of 1917-1991

Verkhovna Rada of Ukraine,

realizing that archives are the indivisible and irreplaceable element of historical heritage of the Ukrainian people;

In spite of the fact that archives guarantee preserving human memory;

stating that it is right everyone on receipt of the objective information about stories of the country is one of bases of the democratic state;

considering increase in interest of society in history, especially history XX of Ukraine of century;

considering complexity of the problems connected with access to archives of the repressive bodies of communist totalitarian regime operating in the territory of modern Ukraine within the 20th century, contradictory requirements for transparency and privacy and protection of the right to privacy and recognizing need of ensuring broad access to historical information;

realizing that the best understanding of the contemporary history can promote conflict prevention and hostility in society;

in view of the recommendation of Committee of ministers of the Council of Europe to state members of rather European policy of access to archives No. R(2000)13;

realizing that closeness of archives became one of premises of annexation of the Crimean peninsula and the military conflict in the territory of the Donetsk and Luhansk regions;

aiming to promote establishing public dialog;

for the purpose of non-admission of repeating of crimes of the totalitarian modes, any discrimination on national, social, class, ethnic, racial or to other signs in the future, recoveries of historical and social justice, independence threat elimination, to sovereignty, territorial integrity and homeland security of Ukraine

adopts this Law.

Section I Common part

Article 1. General provisions

1. This Law governs the relations connected with providing the right of everyone to access to archive information of repressive bodies of communist totalitarian regime of 1917-1991.

2. The purpose of this Law is ensuring openness of archive information of repressive bodies of communist totalitarian regime of 1917-1991.

3. Operation of the Law of Ukraine "About personal data protection" does not extend to the relations on receipt of archive information of repressive bodies of communist totalitarian regime of 1917-1991.

4. The legislation of Ukraine on access to archive information of repressive bodies of communist totalitarian regime of 1917-1991 is based on the Constitution of Ukraine and consists of this Law, the Law of Ukraine "About National Archive Fund and archive organizations", other regulatory legal acts of Ukraine.

Article 2. Terms

1. In this Law the terms below are used in such value:

1) archive information of repressive bodies - information fixed on any carriers which was created, received or was in repressive bodies;

2) the victim of repressive bodies - person which incurred any prosecution or repression which fundamental rights and freedoms were broken by representatives of repressive bodies;

3) the carrier of archive information - any material carrier on which archive information of repressive bodies is fixed. Carriers of archive information of repressive bodies according to the law belong to National Archive Fund and are property of the state;

4) digitization of the carrier of archive information - creation of the digital copy of the carrier of archive information by scanning, photography, X-ray analysis or any other method for the purpose of ensuring access to archive information through telecommunication networks and for creation of the digital insurance copy;

5) freelance employees of repressive bodies - persons which in 1917-1991 were on accounting in divisions of repressive bodies as agents for accomplishment of any special orders agents who were used in special conditions agents of all other categories, informants of all categories, freelance operational employees, residents of all categories, holders or owners of removable, secret or attendance addresses, secret apartments, "mailboxes", Items of secret communication, authorized or secret contact persons of all categories, other persons who somehow cooperated with repressive bodies in 1917-1991, including provided information concerning other persons;

6) repressive bodies - the bodies of communist totalitarian regime determined by this Law which operated on the territory of Ukraine in 1917-1991 applied means and methods of the state coercion and terror to particular persons or groups of persons for political, social, class, national, religious or other motives which activities were characterized by the numerous facts of human rights violation;

7) manager of archive information - The industry Public Records Office of the Ukrainian institute of national memory (further - RSA of UINP), and in the cases determined by this Law, also state bodies, authorities of the Autonomous Republic of Crimea, local government bodies, archive organizations which actually possess archive information of repressive bodies;

8) salaried employees of repressive bodies are military personnel, employees (workers, employees) of repressive bodies who are in the official employment or office relationships with the specified bodies.

Article 3. Repressive bodies

1. In this Law are understood as repressive bodies:

1) All-Russian extraordinary commission on fight against counterrevolution and sabotage, All-Ukrainian extraordinary commission on fight against counterrevolution, speculation, sabotage and crimes of official, Supreme Court, Supreme court of cassation, Supreme court of cassation, Main Intelligence Directorate (Intelligence service of the Headquarters of Workers' and Peasants' red army, Fourth management of the Headquarters of Workers' and Peasants' red army, Information statistical office of Workers' and Peasants' red army, Intelligence service of Workers' and Peasants' red army, Fifth management of the National commissariat of defense, Intelligence service of the General Staff of Red army, Main Intelligence Directorate of the National commissariat of defense, Main Intelligence Directorate of the General Staff of Armed forces), State Political Directorate, Single Supreme Court, Committee for State Security, Ministry of Internal Affairs, Ministry of state security, Ministry of protection of public order, Ministry of Justice, People's Commissariat for Internal Affairs, National commissariat of state security, National commissariat of justice, Joint State Political Directorate, prosecutor's office of the Supreme Court, prosecutor's office (Prosecutor General's Office, State prosecutor's office), Management of counterintelligence of SMERSh, national courts, provincial, district, regional courts, revolutionary, military tribunals;

2) territorial, functional, structural subdivisions of the bodies specified in Item of 1 part one of this Article and also the fighting groups which are directly subordinated to these bodies, convoy protection (guards, convoy guards, convoy troops), troops (troops of internal service (protection), internal troops), boundary protection (troops), troops of government communication, construction and special parts;

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