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Article Access to the Public Information: Certain Aspects of Theory and Judicial Practice
Authors Smokovych M.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 3 / 2014
Pages 97 - 109
Annotation This article studies particular aspects in the theory of defining public information and court practice regarding access to it. It is pointed that the Constitution of Ukraine is the foundation of state information policy and also the basis for the legislator during adoption of regulations governing social relations in this sphere. The author established that the legislation does not have an entrenched and systematic unity, contains terminological inconsistency that causes inconsistent interpretation and application of its provisions in practice, and therefore need to be changed. Access to public information is an effective control mechanism of the citizens, over the activities of the state. The article highlights the features of the public information definition. The author also determined the definition of public information, which may be any information and/or data about the society, its entities and/or activities of the authorities. Based on the results of the study, it is proposed to reconcile this definition of public information legally.
Keywords information, right to self-expression, public information, definition, owners of public information, judicial practice.
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