| 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: The Constitution does not contain articles regulating the right of citizen to access to governmental information and basic governmental records.
References: Constitution of the Republic of Kazakhstan (adopted on referendum, Aug. 30,1995) (with changes and additions in accordance with the state on 21.05.2007)
Constitutional law of the Republic of Kazakhstan on government of the Republic of Kazakhstan, December, 18, 1995, #2688 (with changes and additions in accordance with the state on June 19, 2007)
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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: The Constitution contains does not contain articles regulating the right of citizens to access to governmental information and basic governmental records. This mean that citizens have no right of access to basic government records. There is no appeal procedure if access to a basic government record is denied.
References: Constitution of the Republic of Kazakhstan on government of the Republic of Kazakhstan, December, 18, 1995, #2688 (with changes and additions in accordance with the state on June 19, 2007)
Constitutional law of the Republic of Kazakhstan n government of the Republic of Kazakhstan, Dec. 18, 1995, #2688 (with alterations and additions in accordance with the state on June 19, 2007) have not contain articles, regulating the right of citizen of access to governmental information and basic governmental records. That mean that as far as citizen has no right of access to a basic government record, in Kazakhstan there is no a procedure of access to a basic government record is denied.
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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: Governmental bodies, public associations, government officials and mass media are obligated to provide an opportunity for each citizen to become familiar with documents, decisions and information sources affecting his/her rights and interests.
At the same time, there is an electronic request system called Lawyer, which contains all Kazakhstani legislation and legal practices. Access to this electronic system can be possible through the Internet, but this service is not free of charge.
References: Law of the Republic of Kazakhstan, July, 23, 1999, 451-I (with changes and additions as of June 19, 2007), Article 2
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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:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
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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:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
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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:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
Peer Review Comments: There are certain topics and agencies from which it is difficult to obtain information.
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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:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
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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:
References: Alibekov Saylau, professor, Kazakh University of International Relations and World Languages, July, 20, 2008, Almaty
Kozyreva Evgeniya, president of the Feminist League, Aug. 4, 2008, Almaty, Kazakhstan
Peer Review Comments: The newspaper Respublika publishes information requests made to different officials. However, up to 3 to 6 month of silence will pass before they provide a response.
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