Rukoleev V.A., Zadorina M.A. —
The right to access information: balancing public and private interests
// Legal Studies. – 2024. – ¹ 11.
– P. 38 - 54.
DOI: 10.25136/2409-7136.2024.11.72106
URL: https://en.e-notabene.ru/lr/article_72106.html
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Abstract: The article is devoted to the study of the subjective right of access to information. The authors set themselves the goal of examining this right through the prism of a balance of public and private interests. The basic views on the relationship between private and public interests are set out in the work by analyzing the judicial practice of the Constitutional Court of the Russian Federation on disputes related to the exercise of the right of access to information. The relevance of the study is due to the problem of disproportionate restrictions on the right of access to information observed in law enforcement practice, the lack of an unambiguous solution to the issue of a combination of public and private interests in legal science, as well as the aggravation of the international political situation. The subject of the study is the judicial practice of the Constitutional Court of the Russian Federation related to the application of legislation on the right to access to information, the norms of the Constitution of the Russian Federation and other normative legal acts regulating legal relations related to the realization of the right to access to information, as well as the works of domestic legal scholars. The methodological basis of the research was made up of general scientific methods, and from among the special legal methods - the formal legal method. Among the general scientific methods, the work used general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), as well as a structural and functional method that allowed reflecting the structure of the right to access information and consistently revealing each element. Based on the legal positions of the Constitutional Court of the Russian Federation, the characteristics of the relativity properties of the right to access information in general and its elements – the right to access open information and the right to access information affecting rights, freedoms and legitimate interests are given. According to the results of the study, it was found that the right to access information affecting rights, freedoms and legitimate interests anticipates the realization of other rights and freedoms. And a related right – the right to access open information – gives the information circulating among the general public the property of completeness. In this regard, the restriction of these rights, as well as the right to access information in general, is possible as an exceptional measure, taking into account the balance of interests of the individual, society and the state.
Rukoleev V.A., Savoskin A.V. —
Request for information on the activities of the authorities: is there a need for separate regulation?
// Administrative and municipal law. – 2024. – ¹ 5.
– P. 36 - 49.
DOI: 10.7256/2454-0595.2024.5.71706
URL: https://en.e-notabene.ru/ammag/article_71706.html
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Abstract: The article is devoted to the study of the information request, its relationship with the traditional types of appeals. In particular, on the pages of this work, a comprehensive comparison of the request for information with the application is carried out, the place of the request for information is determined, its role in the existing system of citizens' appeals. The authors have made an attempt to understand the reasons for the existence of special regulation of information requests. The topic is relevant due to the fact that currently law enforcement practice indicates the lack of demand among the general population for such a type of appeal as a request for information, unlike traditional types of appeals. The chosen research topic has received great relevance due to the presence in the vast legal literature of a dispute about the need to unify the legal regulation of public relations related to the realization of the right to appeal and the right to information. The article reflects the positions "for" and "against" the elimination of largely duplicative legal norms. The subject of the study is the provisions of normative legal acts in the field of regulating the types of appeals, their submission and consideration in the exercise by citizens of the constitutional right to both appeal and information. Methodological basis of the research: to solve all the tasks set, general scientific and special legal methods were used, among which general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), a systematic method, as well as a formal legal method can be distinguished. The scientific novelty of the study is due to the fact that it shows the current state of the normative consolidation of the institute of information request. According to the results of the study, the authors proposed to abandon the irrational accumulation of the legal array and exclude the norms on information requests from the Federal Law "On Ensuring Access to Information on the Activities of State Bodies and Local Governments" and the Federal Law "On Ensuring Access to Information on the Activities of Courts in the Russian Federation". In their opinion, the specifics of dealing with such appeals can be reflected in the Federal Law "On the procedure for considering appeals from Citizens of the Russian Federation." However, it is important to maintain a balance between the interests of the authorities and the rights of citizens to appeal and information in order to prevent unjustified restrictions on these rights.
Rukoleev V.A. —
The right of citizens to attend meetings of collegial authorities
// Administrative and municipal law. – 2024. – ¹ 1.
– P. 81 - 93.
DOI: 10.7256/2454-0595.2024.1.69930
URL: https://en.e-notabene.ru/ammag/article_69930.html
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Abstract: This article is devoted to the study of the problems of regulation and prospects for the development of public relations related to the exercise of the right to attend meetings of collegial authorities. The topic is relevant due to the fact that law enforcement practice indicates massive violations of the right to attend meetings of government bodies. The reason lies in the incompleteness of legislative regulation. The legislator provided only basic, declarative norms. In their development, the authorities independently, taking into account their specifics and peculiarities of functioning, develop the procedure and rules for the presence of citizens at meetings. The subject of the study is the provisions of normative legal acts in the field of regulating the presence of citizens at meetings of collegial authorities, as well as judicial practice and existing scientific provisions on the studied issues. General scientific and special legal methods were used in the work, among which general logical methods of cognition (analysis, synthesis, induction, deduction, generalization), the systematic method, as well as the formal legal method can be distinguished. The scientific novelty is due to the fact that the work reflects the current state of the normative consolidation of the right of citizens to attend meetings of collegial authorities. Based on the results of the study, the author formulated proposals for improving legislation. In particular, to amend article 15 of the Federal Law "On Ensuring Access to Information on the Activities of State Bodies and Local Self-government bodies", providing: firstly, specifying the timing of informing citizens about the meeting appointed by the authority and the name of the sources using which it is necessary to inform, as well as the timing of contacting the authority about the intention to attend the meeting; secondly, to fix the inadmissibility of including in the agenda of one meeting issues containing information of open and limited access; thirdly, to unify the grounds excluding the possibility of attending meetings of authorities.