Human Rights in Ukraine

Access to information

SBU draws up 25 protocols over unwarranted classifying of information


The Security Service during the first 9 months of 2011 issued 94 protocols over administrative offences regarding infringements of legislation on State secrets (Article 212-2 of the Code of Administrative Offences.)

The SBU was responding to an information request from the Media Law Institute.  It stated that 25 protocols had been drawn up under Item 3 of the above-mentioned article (Unwarranted classifying of information) and 51 under Item 4 (either stamping something secret inappropriately or not stamping something that needed to be classified).

It reports that it did not draw up any protocols under 212.2 which envisages liability for classifying information about the state of the environment or food products; accidents, catastrophes, etc which have happened or could happen and endanger the public’s health; about the sate of health of the population, its standard of living, etc; about rights violations; about unlawful behaviour by the State authorities and bodies of local self-government  or their officials; or other information which in accordance with the law and international agreements may not be classified as secret.

The SBU stated however that the number of people actually facing liability over the above offences was in the possession of the courts. 

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