Reasonability of Liability to be Prosecuted for Denial of Information to Citizens

DOI

10.2991/assehr.k.201205.005How to use a DOI?

Keywords

right to access to information, denial of information, the law governing protection, decriminalization

Abstract

Rule 140 of the Russian Federation Criminal (Penal) Code establishes liability for an unlawful default in providing the compendium of documentation assembled in a permitted manner by a legislative office that directly affects civil rights and freedoms, providing a citizen with imperfect or misleading information if these acts have worked wrong towards the legitimate rights and interests of citizens. In litigation practice over the past few years, there are no criminal cases concerning this crime. The purpose of this survey is to find out the reasons why this regulation is not applied and determine the feasibility of the criminal protection of the right to accessing information. For this purpose, the authors carried out a documentary review of law-governed and doctrinal sources on the access right to information, its protection in the Russian legal system and that of foreign countries. They also considered the established practice in applying the law in protecting citizens’ right to access information. The researchers elicited the views of members of the legal profession on the issues protecting this right in case it is violated. The review made it possible to justify that there are no grounds for criminalizing denial of information at present. First of all, it concerns an enhanced level of social danger of an act enough for recognizing it as a crime. Since there is no practice of criminal prosecution for this crime, but there is administrative responsibility for a similar act. It is proposed to depenalize the components of this act provided in Rule 140 of the Russian Federation Criminal Code.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Olga Filippova
AU  - Maria Shodonova
AU  - Ruslan Bazhenov
AU  - Nina Kononkova
PY  - 2020
DA  - 2020/12/07
TI  - Reasonability of Liability to be Prosecuted for Denial of Information to Citizens
BT  - Proceedings of the XIV European-Asian Law Congress "The Value of Law" (EAC-LAW 2020)
PB  - Atlantis Press
SP  - 25
EP  - 31
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201205.005
DO  - 10.2991/assehr.k.201205.005
ID  - Filippova2020
ER  -