The constitution of RК art.20: the state bodies, public associations, officials and mass
media are obliged to ensure an opportunity for each citizen to be familiarised with the
documents touching his right and interests, decisions and sources of information. The list
of information, components of state secrets RК are defined by the law.
The law of RК "About state secrets" from the 15-th March 1999 The state secrets
- the information of the military, defensive character, about economy, science,
engineering, some information in external policy and external economic are not subjects to
publicity. State secrets are property of RК. State secrets are state and service secrets.
The state secret is information of the military, economic, political and other character,
disclosure or loss of it can put damage to national safety of RК.
Service secret are the information having character of the separate data, which can be
included into structure of state secret, disclosure and loss of it can put damage to
national interests of the state, interests of state bodies and organisation of RК.
The information, referred as state secrets of RК:
1. In military area.
2. In the field of economy, science and engineering.
3. In the field of prospecting, cont.-reconnaissance, operatively - searching and
other activity.
The information is not subjected to classify as secret:
1. Extraordinary Emergency and accidents are menacing the safety and health of the
citizens and their consequences, and also about act of nature, it's official forecasts and
consequences.
2. About the condition of ecology, public health services, sanitation, demography,
education, culture, agriculture, and also condition of criminality.
3. About the privileges, indemnification and privileges given by the state to the
citizens, officials and organisations.
4. About the facts of infringement of the rights and freedom of the citizens.
5. About the size gold-currency actives of National Bank of RК and governmental
(budget) reserve, precious metals and jewels.
6. About the facts of infringement of legality by state bodies and organisations,
their officials.
7. About mass reprisals on political, social and other motives, including materials
in archives, except for the information stipulated in art.14 of the present Law.
The officials who have accepted the decision about putting on the secret list the
mentioned above information bear responsibility according to the legislation of RК. The
citizens have the right to appeal against such decisions in the judicial order (art.17 law
about the state secret, CC art.268).
There is a certain order of the admission to state secrets. So, if it is necessary to the
citizen of RК for performance of the official duties to work with the similar
information, he gets the admission and carries out verifying measures to the conclusion of
the labour contract. The citizen gives the voluntary consent in writing form on its
realisation. The responsibility for maintenance of safety of state secrets is assigned to
the chiefs of state bodies, enterprises etc. The foreigners to state secrets are supposed
only within the framework of realisation of the international contracts of the Republic of
Kazakhstan. The Government of the Republic of Kazakhstan defines the order of the
admission of the foreigners to state secrets of the Republic of Kazakhstan.
Three signatures stamp of privacy of the information "of the special
importance", "top secret" and "confidentially" are established.
Term of putting on the state secret list the information, should not exceed thirty years.
In exclusive cases this term can be prolonged on the conclusion of the authorised state
body on protection of state secrets. The state bodies and organisations, their chiefs are
allocated with powers on reference of the information to state secrets, are obliged to
reconsider the contents of the lists of the information in these bodies and organisations,
subjected to putting to secret periodically, but not less, than in each five years , in a
part of validity to putting to secret of the information and their conformity to the
privacy.
The criminal code art.172. Illegal reception, disclosure of state secrets.
1. Collection of the information making state secrets, by stealing the documents,
bribery or threats concerning the persons owning state secrets or their close people,
interception in a communication facility, illegal penetration into computer system or the
network, use of special means, and is equal by other illegal way at absence of signs of
state betray or espionage - is punished.
2. Disclosure of the information, components of state secret by the person, who was
trusted or has become known on a service or work, at absence of signs of state betray - is
punished.
Thus, at reception of the information the journalists should be very attentive and
cautious. They should verify the information again, because the criminal liability is
stipulated for receiving the information by an illegal way. Therefore journalist always
should remember the rights and duties (law about mass media art.20).
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Themes of the lecture lessons:
1. Regulation of activity of mass media and rights of property.
2. Accreditation of the journalists at state bodies. Accreditation of the
journalists of foreign MM.
3. Regulation of import and export of the printed editions. Preliminary
restrictions.
4. Slander. The insult. The insult of state bodies and officials.
5. Intrusion into private life. The right on the answer and - or a refutation.
6. Status of the publisher, founder and editor of mass media. The registration
requirements.
Themes of the seminar lessons:
1. Role of courts in the activity of mass media:
a) basic rules of the Law RК "About judicial system and status of judges of
the Republic of Kazakhstan", Specialisation of courts. Absence of courts on mass
media,
b) civil prosecution Code of RК and Civil - prosecution Code of RК - about
publicity of judicial process. The closed judicial processes,
c) access to judicial hearings and publication of judicial materials,
d) when do the journalists address to mass media?
2. Constitution of the Republic of Kazakhstan- the Basic rules:
a) Kazakhstan is sovereign and independent state,
b) Kazakhstan is democratic, secular, legal and social state,
c) Kazakhstan is the presidential republic,
d) Constitutional Council is guarantor of the leadership and direct action of the
Constitution. The competence of the Constitutional Council,
e) Right and freedom of the person and citizen.
3. Regulation of activity of mass media and rights of property:
a) Ministry of culture, information and public consent is as the co-ordinator of
activity of mass media.
b) Proprietor of mass media - physical or legal person
c) Right of establishment of mass media by Маslihat. The law of the RК
"About local state management of RК".
4. Licensing and realisation of tender on frequencies:
Control questions:
1. Ancient world of the rights of Kazakhs.
2. Constitution of RК. The basic rules.
3. Relation of mass media to the citizens and organisations.
4. Freedom of a word, reception and distribution of the information. What themes are
not supposed to cover in mass media. Limitation of the rights and freedom of the citizens.
5. Constitutional Council of RК, as guarantor of the Constitution of RК.
Difference of the Constitutional Council from other bodies. What questions does the
Constitutional Council consider?
6. Regulation of Activity of mass media and rights of property.
7. Status of the publisher, founder and editor of mass media. Information agency.
8. Registration requirements to printed and electronic mass media.
9. Role of courts in activity of mass media.
10. Access to judicial hearings and publication of judicial materials.
11. Changes which have been brought into the law of RК "About mass
media".
12. Accreditation of the journalists of foreign mass media. Refusal in
accreditation.
13. Accreditation of the journalists of mass media and information agencies at state
bodies. Refusal in accreditation.
14. Statement on the account of mass media. Refusal in distribution of the
certificate about statement on the account.
15. Preliminary restrictions: transmission in the state language, control copies,
target data.
16. Slander: Insult. A refutation. Compensation of moral harm
17. Protection of honour, dignity and business reputation. The insult of state
bodies, officials, violation of symbols of RК.
18. System of legislation of mass media.
19. Restriction on use of offensive expressions in relation to the certain groups of
the persons. The insult of religious feelings, obscenity and protection of public morals.
20. Mass media and elections.
21. Distribution of mass media.
22. State secret.
23. Legal regulation of the information. Protection of sources of information.
Access to the governmental information from state bodies.
24. Organisation of activity of mass media.
25. Right on the answer or refutation.
The literature:
1. Constitution of RК from August 30, 1995.
2. Law of RК "About mass media" from 23.07.99.
3. Civil Code of RК.
4. Legislation and practice of mass media in the countries of CIS and Balty. M.:
Gallery, 1999.
5. Magazine "Legislation and practice of mass media". Fund of protection
of Freedom of a word "Adil soz". Аlmaty, 2001 - 2001.
6. Law of KR "About licensing".
7. Law of RК "About national safety" from 26.06.98 of year.
8. Civil prosecution code of KR from 13.07.99 of year.
9. Civil-prosecution code of RК.
10. Criminal code of RК.
11. Statement "About accreditation of the correspondents and opening the
correspondent places of foreign states mass media in the territory RК" from
29.05.97.
12. Rule "About accreditation of the journalists of mass media and news
agencies at state bodies or other organisations" from 3.02.00.
13. The Law of RК "About languages" from 11.07.97
14. Code "About administrative offences".
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