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Specifics of Recognition of the Right to Access to Information in the Activities of the Institute of the Commissioner in the Subject of the Russian Federation

https://doi.org/10.18384/2949-513X-2023-3-93-99

Abstract

Aim. Identification and consideration of general patterns and scientific study of problems in the activities of human rights commissioners in the constituent entities of the Russian Federation in exercising the right (duty) of legislative recognition of the human right to access to information as a necessary element of the constitutional mechanism for its implementation.

Methodology. The main content of the presented article is a comparative analysis of normative legal acts directly aimed at regulating the activities of authorized persons in the constituent entity of the Russian Federation in the field of legislative initiatives, identifying criteria for the effectiveness of such activities and the problems of its implementation on the example of the implementation of the obligation of legal recognition of a person’s right of access to information, in which efficiency ensuring the law under study is analyzed in the process of bilateral interaction between the commissioners for human rights and the legislative (representative) body in the constituent entity of the Russian Federation.

Results. According to the identified results of the study, the author comes to a reasonable conclusion about the diversified approach in the constituent entities of the Russian Federation to the process of regulatory consolidation, as well as the implementation in practice of the constitutional obligation of authorized persons in the constituent entities of the Russian Federation, expressed in recognition of the human right to access to information, which may be the basis for the presence of some problems in the specific implementation and protection of the law under study.

Research implications. Given the extensive experience of the commissioners in the constituent entities of the Russian Federation in the work of protecting human rights and freedoms, it is proposed to consider and implement a unified legal mechanism for legislative initiative in all regions of the Russian Federation. The presented mechanism will provide an effective opportunity for the Ombudsman directly (without intermediaries) to initiate legislative proposals in the representative body of power of the subjects of Russia on problematic issues related to human rights and freedoms, including the right of access to open information.

About the Author

V. D. Klyukov
Kazan Federal University
Russian Federation

Vasily D. Klyukov – Postgraduate student, Department of Constitutional and Administrative Law

ul. Kremlovskaya 18, Kazan 420008



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ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)