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The right to access public information during martial law

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Письменна Марія
Письменна Марія
Attorney
Ukraine / Kyiv

i

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Publication date: 22.05.2024

Lawyer

The right to access public information during martial law

In the conditions of martial law, ensuring the right of citizens to access public information is of particular importance. Despite the difficult circumstances, the state is obliged to guarantee transparency and accountability of authorities, as well as to ensure proper access to information of public interest.

 

Consultation of a lawyer online or offline on this issue is extremely important for understanding the legal aspects and limits of the right to information during martial law. A lawyer's legal opinion will help citizens protect their rights and access the necessary information, while taking into account security considerations.

 

The analysis of documents such as the Law of Ukraine "On Access to Public Information", the Law of Ukraine "On the Legal Regime of Martial Law" and other normative legal acts allows to determine the key provisions and restrictions on access to public information during the period of martial law.

 

According to the Law "On Access to Public Information", public information is information displayed and documented by any means and on any media, which was received or created in the process of the subjects of authority performing their duties, provided for by the current legislation, or which is in the possession of subjects of power, other managers of public information, defined by this Law.

 

At the same time, the Law "On the Legal Regime of Martial Law" provides for the possibility of limiting the right to access to public information in the interests of national security and defense of Ukraine. In particular, it is noted that in the conditions of martial law, the right to access to public information, which constitutes a state secret or other secret protected by law, may be restricted.

However, such restrictions must be justified and proportionate to the goal of ensuring national security and defense of the state. Authorities must ensure a balance between the need to protect confidential information and the right of citizens to access public information that does not pose a threat to national interests.

 

A lawyer's legal and legal opinion can help determine whether a restriction of the right to access certain information is legal and proportionate in a particular situation, as well as provide recommendations on possible ways to challenge unlawful restrictions.

In addition, it is important to remember that restrictions on the right to access public information should not be excessive and comprehensive. The authorities are obliged to provide the maximum possible access to information that does not pose a threat to national security, and to provide citizens with comprehensive explanations regarding the reasons for restricting access to specific information.

 

Thus, legal advice and legal analysis of documents are necessary to ensure a balanced approach to the exercise of the right to access public information during martial law. A lawyer's legal opinion will help citizens protect their rights and ensure the proper level of transparency and accountability of authorities in the conditions of a military conflict.

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