Right / 8. Constitutional law

associate professor, Cand.Jur.Sci., Guseva A.,

associate professor, Cand.Jur.Sci., Danilova V.

Penza state university, Russia

To a question of the maintenance of a constitutional law of citizens on access to information in the Russian Federation

One of fundamental constitutional laws of the person, urged to provide both his personal interests, and participation in society and state affairs, is the right to information. In the list of the rights and freedoms of the person and the citizen containing in the Constitution of the Russian Federation of 1993 (chapter 2), the right to information directly it isn't called. However, according to Art. 55 of the Constitution of the Russian Federation, transfer of basic rights and freedoms shouldn't be interpreted as denial or derogation of other conventional rights and freedoms of the person and the citizen to which number the right to information belongs also.

On the basis of parts 4 Art. 29 of the Basic law of the Russian Federation "everyone" has the right to look for, receive, transfer freely information in any lawful way is makes the right of citizens to access to information, including to legal information and information on activity of public authorities [1].

Unlike freedom of thought and the word, the right to make and extend information, freedoms of mass information, the right to access to information has essentially other nature. The main difference from the listed rights and freedoms, consists in emergence time, it belongs to the newest wave of development of constitutionalism, to so-called to "the fourth generation of human rights".

The long time, according to A.A. Zadkova, an obvious gap in regulation of the studied right remained absence of the federal act regulating a constitutional law on access to information. Absence of the separate law on the right to access to information considerably distinguished Russia from other democratic countries [2. C.34].

Only at the beginning of 2009 for the first time in the history of Russia the Federal law of 09.02.2009 "Was adopted about ensuring access to information on activity of government bodies and local governments". A month before it the project of the Supreme Court of the Russian Federation, a specifying order of access to information on activity of the courts in the Russian Federation was signed also.

Thus, the legal base of realization of a constitutional law on access to information on activity of public authorities and local government was put. Thus implementation of the specified acts demanded not simply ensuring necessary organizational and technological efforts. The concept of these laws is based on reorganization of all work of public authorities and local government, in respect of their address facing civil society, at information openness the first and initiative efforts on obtaining information of the second. The problem of access of citizens of the Russian Federation to information on activity of public authorities is extremely actual and almost significant. Social and economic transformations are inconceivable without participation of citizens in state administration, without interests of citizens at decision-making by various authorities, without feedback "the citizen - the state". As the considered institute has constitutional and legal and political and legal value and deserves careful studying.

Now in the Russian Federation the following problems in the field of realization of a considered constitutional law are actual: problems in regulation of the relations of intellectual property and information, the relations connected with information resources, problems of information security, protection of the rights of the personality in the conditions of information society, etc. Even more these problems in connection with development of "a global web" the Internet become aggravated. One of the main problems of realization of the right to information, it is necessary to call "a digital inequality" [3. C.47].

It is necessary to pay attention that in the conditions of modern information technologies possibility of realization of the right to information depends on information literacy of the subject, possession certain technical means, level of the income, age, belonging to the concrete region and other factors. In this connection society is as though divided into groups of the subjects possessing possibility of access to information by means of the latest information technologies, and subjects which have no such access. Respectively those new opportunities which are born with itself, for example, by the electronic government, become available only for part of society. Even more often today speak and about a digital inequality of regions. With its huge territory this problem is especially actual for Russia as development of information technologies in many respects depends on economic indicators of development of territorial subjects of the Russian Federation.

As not less debatable subject in providing a constitutional law on information that fact that in the Federal law of February 9, 2009 "About ensuring access to information on activity of government bodies and local governments" the legislator, focusing attention on access to information through resources of only government bodies and local governments, as though fixes in sense of justice identity of the right to access to information with the right to information. At the same time according to subitem 6 of Art. 2 of the Federal law of July 27, 2006. "About information, information technologies and about information security" access to information is possibility of obtaining information and its use. That is access to information (search and obtaining information) is only one of forms of the guaranteed parts 4 Art. 29 of the Constitution of the Russian Federation of the right to information.

The president of the Russian Federation V. V. Putin repeatedly declared political and economic senselessness of restrictions for mass media as to close channels of access to mass information in the modern world it is impossible. However, opposing ideological censorship, he is convinced that requirements to mass media, the information and communication Internet network and advertizing have to be object of special attention from society and legislators, especially regarding child protection from a pornography, promotion of violence, cruelty, immoral and obscene behavior.

One of instruments of practical realization of such policy is the Federal law of 29.12.2010. "About child protection from information harming their health and development", come into force on September 1, 2012 and directed on protection of children's mentality against destructive information influence. First of all, from a surplus of cruelty and violence, information developing vicious bents, the distorted picture of the world and the wrong vital installations. In pursuance of standards of this law the relevant amendments are made to the Code about administrative offenses, the Law of the Russian Federation "About mass media", the Federal law "About advertizing", other legal acts of the Russian Federation.

Literature:

1. The constitution of the Russian Federation of 12.12.1993 (in an edition of 30.12.2008)

2. A.A Zadkov. Constitutional law on access to information in the Russian Federation M, 2006 of C.34.

3. Korotkov A.V. crystal B.V., Kurnosov I.N. State policy of the Russian Federation in the field of development of information society//Under A.V.Korotkov's scientific edition. M, 2007.C. 47 .