| 12 |
Do citizens have a legal right of access to information? |
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12a:
In law, citizens have a right of access to government information and basic government records.
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| Score: |
YES |
NO |
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Comments: Mainly all regulations (laws, resolutions, decress, edicts) are online or published in specialized issues. Many state organizations (ministries, commettees, etc.) put on their websites additional information regarding their activities. So, in law, citizens have a right of access to government information and basic government records.
Secret information is banned from being published or distributed.
References: The Law on State Services (2003)
The Law on State Secrets (1994, amended in 2003)
Constitution
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12b:
In law, citizens have a right of appeal if access to a basic government record is denied.
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| Score: |
YES |
NO |
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Comments: Every citizen has a right to appeal to any state organization and demand a comprehensive response.
References: The Law on Citizens' Appeals (1996, 2004).
Civil Code
Administrative Code
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12c:
In law, there is an established institutional mechanism through which citizens can request government records.
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| Score: |
YES |
NO |
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Comments: Each ministry and local council has a special department which works with appeals of citizens. Officials must reply within one month to any registered appeal.
References: The Law on Citizens' Appeals (1996, 2004).
Civil Code
Administrative Code
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| 13 |
Is the right of access to information effective? |
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13a:
In practice, citizens receive responses to access to information requests within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: An appeal always should be answered, but some cases allow further excuses for not providing information. The line between state (commercial) secrets and public information is sometimes very narrow; in some cases even statistics on state companies operations are considered as a state secret.
References: Interview with Sergey Balykin, lawyer (Minsk, Aug. 25, 2008).
Interview with Vitaliy Braginez, lawyer and head of juridical company Braginez and Partners (Minsk, Aug. 26, 2008).
Interview with Dr. Vitaliy Silizki, head of the Belarussian Institute for Strategic Studies (Minsk, Aug. 21, 2008).
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13b:
In practice, citizens can use the access to information mechanism at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Some information (which sometimes is considered as a secret) can be bought with an informal fee (present).
References: Interview with Dr. Vitaliy Silizki, head of the Belarussian Institute for Strategic Studies (Minsk, Aug. 21, 2008).
Interview with Alexander Chubrik, economist for IPM Research Center (Minsk, Sept. 12, 2008).
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13c:
In practice, citizens can resolve appeals to access to information requests within a reasonable time period.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: Information is usually provided within a month or less. However, sometimes, after an initial refusal, one can engage into deeper communication with the bureaucracy (writing letters, making calls) and obtaining information can take more time.
References: Interview with Alexander Chubrik, economist for IPM Research Center (Minsk, Sept. 12, 2008).
Interview with Dr. Vitaliy Silizki, head of the Belarussian Institute for Strategic Studies (Minsk, Aug. 21, 2008).
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13d:
In practice, citizens can resolve appeals to information requests at a reasonable cost.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The appeal mechanism is either free, or has a nominal fee paid to specialized lawyers. In other words, it is an affordable option to middle class citizens seeking to challenge a denial of access to information.
In some cases, one can buy closed (secret) information only by bribing an official. Or officials may refuse to provide such information, mentioning it is 'a secret', as legislation on state secrets is not clear and has numerous interpretation.
References: Interview with Dr. Elena Rakova, economist for IPM Research Center (Minsk, Aug. 15, 2008).
Interview with Sergey Balykin, lawyer (Minsk, Aug. 25, 2008).
Peer Review Comments: There are instances when individuals must pay a bribe.
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13e:
In practice, the government gives reasons for denying an information request.
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| Score: |
100 |
75 |
50 |
25 |
0 |
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Comments: The reason for a denial for providing state information is always explained. Any denial should be reasoned. If a citizen does not agree, he can appeal to the prosecutor's office.
References: Interview with Sergey Balykin, lawyer (Minsk, Aug. 25, 2008).
Interview with Vitaliy Braginez, lawyer and head of juridical company Braginez and Partners (Minsk, Aug. 26, 2008).
The Law on Citizens' Appeals (1996).
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