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Art. 140 of the Criminal Code. Refusal to provide information to a citizen

In part 2 of article 24 of the Constitution, the obligation of municipal and state authorities, as well as their employees, to provide individuals with information directly related to their freedoms and rights. To citizen such information may be required in a variety of cases. Failure by authorized structures and officials to fulfill their obligations is punishable by law. Responsibility established in 140 article of the Criminal Code and Art. 5.39 Code of Administrative Offenses. Consider their features. rights and freedoms of a citizen

Criminal liability

For illegal refusal of officials to provide materials, documents collected in the prescribed manner and directly related freedoms and rights of a citizen, such persons shall be punished:

  • Cash recovery of up to 200 thousand rubles. or equal income of the culprit for 1.5 g.
  • The prohibition to conduct activities or replace posts of certain types for 2-5 years.

Similar sanctions are provided in the case of the provision of knowingly false or incomplete information. However, prerequisite for liability is harm the legitimate interests of citizens or their rights.

Objective aspect

Responsibility for 140 article of the Criminal Code occurs when:

  • Illegal refusal to provide individuals with materials or documents.
  • Evasion of the provision of information.
  • Providing knowingly false or incomplete data.

The specifics of the act

Wrongful Denial the reluctance of an authorized person to provide information expressed openly is considered. Moreover, it can be written or oral.

Providing knowingly incomplete data is a proposal to get acquainted with part of the documents / materials, part of the information that is present in them. Violation of rights The applicant will also be considered a written response to the request containing only part of the information that is necessary for the person concerned. right to information

Providing knowingly false data is a proposal to get acquainted with information that is not true. At this violation of rights the applicant will be ascertained even if not all information is false, but only a part of it.

Data Evasion

It is considered active behavior that expresses a denial in a veiled form. An authorized employee may avoid providing data to the subject by inventing various pretexts that have no (neither factual nor legal) grounds. For example, when refusal to provide information to a citizen an official may refer to the fact that the requested information is not available, although in fact it is available.

Inaction should also be considered inaction. It is, in particular, about the absence of both an oral and written response to the request.

To declare an act punishable by Criminal Code of the Russian Federation refusal to provide information to a citizen must be unlawful, that is, contradict the provisions of the law or other regulatory act.

Composition specifics

Illegal refusal to provide information to a citizen has a material construction. The punishment is imposed if the actions / omissions of the authorized entity caused damage to the interests or rights of the applicant.

The consequences of the crime are not specified in the law. Accordingly, they can be different. For example, aboutrefusal to provide information to a citizen may result in material or moral harm, infringement of interests of a person, etc. receiving the information

Subjective aspect

Abuse rights to information official happens intentionally.In qualifying an act, motive and purpose do not matter.

Only a special subject can be held liable - an official of a state structure, a territorial self-government body, institution, enterprise, organization of any form of ownership authorized to provide relevant information.

Administrative responsibility

In Art. 5.39 Administrative Code punishment in the form of a monetary penalty from 5 to 10 thousand rubles. for illegal refusal to provide information to a citizen or organization. The same sanction is established in case of an untimely response to a person’s request or the provision of deliberately inaccurate data.

Explanations

As stated above right to information enshrined in the Constitution. Moreover, the Basic Law allows its restriction exclusively in accordance with federal law. The corresponding provision is enshrined in 3 parts 55 of the article of the Constitution.

It should be noted that the right of a person to receiving the information limited only by federal and not regional law. rights violation

In accordance with part 3 of article 41 of the Constitution, when employees conceal circumstances or facts that pose a danger to people's health / life, these officials are held accountable.

Terminology features

By providing the applicant with materials and documents, one should understand his use of information resources. The procedure for accessing and using data sources is defined in Federal Law No. 24. In accordance with the provisions of a regulatory act, information is information about objects, phenomena, facts, events, processes, regardless of the form of provision. Documented data (documents) are considered to be information contained on a physical medium with details that allow them to be identified.

Information users are citizens, state bodies, local authorities, public associations, organizations, etc. These entities have equal rights to access state resources and should not justify their owners the need to familiarize themselves with the requested data. An exception is information, access to which is limited in accordance with the law.

Rights and obligations of competent structures and persons

rules receiving information are determined by the owner of the corresponding resource. Lists of types of information, data on conditions and the procedure for access to them are provided to users free of charge. wrongful refusal

State authorities, organizations responsible for the creation and use of databases must ensure the conditions for the prompt provision of complete and reliable information in accordance with the obligations stipulated in the regulations (charters).

The rules for the accumulation, processing and use of documented information with limited access, the procedure for their protection and access to them are established by authorized structures responsible for certain data sets within their competence.

Applicants Rights

Citizens and legal entities should be granted access to documented information about them, the right to specify them to ensure the accuracy and completeness of the data. Interested subjects have the right to know who and for what used or uses information about them.

Restriction of applicants' access to such data is allowed only on the grounds established in federal law.

The owner of the resource, which contains documented information, must provide it free of charge at the request of the entities to whom it relates.

Normative regulation

In the domestic legal system, there are a number of laws providing for liability for the refusal to provide information.So, in accordance with Article 13 of the Federal Law No. 44 of 04.16.2001, denial of access to the state database of children left without parental care, the provision of knowingly false information about them, concealment of information about them or other unlawful actions that infringe on the right citizens for information or creating obstacles to its implementation, can be challenged in court. An appeal is carried out in accordance with the procedure laid down in the Code of Civil Procedure. legitimate interests of citizens

In accordance with Federal Law No. 131, local authorities and their employees are required to provide each interested subject with the opportunity to familiarize themselves with documents and materials that are directly related to the freedoms and rights of the applicant. In addition, these persons and bodies must provide reliable and complete information about their work, unless otherwise provided in federal law.

Information on the activities of federal authorities

The government and other executive bodies at the federal level should ensure access for legal entities and individuals to information about their work. For this, a list of information is compulsory for publication on public information resources.

Such data include information on:

  • regulations adopted by the government, federal departments and ministries;
  • personal data of the chairman and members of the government, heads of executive bodies of the federal level, their territorial divisions, as well as other officials.

Such a need is determined by the power of the government, obliging departments and ministries to create public information resources.

Nature of violations

Inappropriate fulfillment or non-fulfillment of obligations established by the Constitution and federal legislation is considered an administrative offense, the punishment for which is defined in Article 5.39 of the Code of Administrative Offenses.

In particular, they consider untimely or irregular publication of information resources on the Internet and other public use systems. UK rf refusal to provide information to a citizen

Within the meaning of Art. 5.39 of the Code of Administrative Offenses granting the applicant access to the information he is interested in is not related to their content, but is governed by the regulation of the person’s rights by federal law. Accordingly, the subject should be provided not only information that is directly related to his freedoms and rights, but also other information, which, in particular, includes data on the work of the Government and executive structures at the federal level.

Conclusion

The difference between an administrative offense under Article 5.39 and a crime for which sanctions are enshrined in 140 of the Criminal Code is caused by dangerous consequences. In case of an unlawful refusal of an authorized employee to provide materials / documents collected in accordance with the established rules that are directly related to the freedoms / rights of the subject, the provision of knowingly false / incomplete information is recognized as a criminal offense if damage to the interests of the applicant is established. Only the proven fact of the existence of damage to hold accountable is enough.


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