On Amendments To The Law Of Ukraine "on State Secret"

Original Language Title: Про внесення змін до Закону України "Про державну таємницю"

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://zakon3.rada.gov.ua/laws/show/2432-17

                                                          
With a k o n u r as th h s on amendments to the law of Ukraine "on State secret" (Supreme Council of Ukraine (BD), 2010, N 46, 537) of the Verkhovna Rada of Ukraine n o s t a n o in l I have: I. To the law of Ukraine "on State secret" (3,855-12) (Supreme Council of Ukraine, 1999, 49 N, 428; 2004 N 23, St. 320; N 2008, 27-28, cent. 252) are as follows: 1. in part 1 of article 8: the fourth paragraph to paragraph 1 the following wording: "on location, characteristics of control points, the content of the measures of national and regional, in case of necessity of city and district level regarding the enforceability of the readiness of the unified State system of civil protection of population and territories to carry out tasks in a particular period and on the Organization of communication systems (alert) in special period , the possibility of settlements, regions and individual objects for evacuation, rozoseredžennâ population and ensure its life;
providing productive activity objects of national economy in wartime;
in paragraph 2: the second paragraph to the following wording: "on the content of the mobìlìzacìjnih plans of State bodies and bodies of local self-government, mobilization power, mobilization preparation and mobilization, and the volume of their financing, stocks and volumes of supply of strategic raw materials and materials, as well as summary information on the range and level of accumulation shared volumes of deliveries, delivery, bookmark, refresh, and the actual reserves of the State material reserve;
in the fourth paragraph, after the words "the implementation of State" add the word "defence", and the words "to provide for the needs of the defence and security" to exclude;
paragraph 4: the second paragraph after the words "operational-search" add the words "or intelligence or counter-intelligence;
the third paragraph after the words "task rozšukova" in all cases to supplement "the intelligence and counter-intelligence" in the appropriate case.
2. in article 9:1) of the fourth: paragraph 2 lay in the following wording: "2) is preparing an opinion on the matter to the national security of Ukraine damage in case of disclosure of classified information or of the loss of material carriers of such information;
in paragraph 4 the word "conclusions" to replace the word "decision";
item 9 lay in the following wording: "9) participates in the development of criteria for the definition of harm that can be done to the national security of Ukraine in case of disclosure of classified information or of the loss of material carriers of such information;
2) in part five: in paragraph 2 the words "conclusions" and replace the word "or";
paragraph 3, put in the following wording: "3) considered within one month proposals of the security service of Ukraine about attributing information to State secrets, cancellation or extension of validity earlier decision about inclusion of information to State secrets";
in paragraph 4 the word "conclusions" to exclude;
Add item 6 the following contents: "6) initiate questions about the prosecution of officials who violate the law of Ukraine" on State secret ";
3) in part six: in paragraph 1 the words "conclusions about exclude;
paragraph 2 Add the words "conclusions concerning awareness of the State secret of the citizens who have or have had access to State secrets, as well as for the preparation of the relevant conclusions in the case of disclosure of classified information or of the loss of material carriers of such information;
4) of the seventh word "laws" replace the words "the Cabinet of Ministers of Ukraine";
5) in the eighth, the word "conclusion" to exclude.
3. in article 11:1), the first paragraph of part one after the word "secrets" add the words "on the classification of information to State secrets";
2) of the second lay in the following wording: "the decision on the classification of information to State secrets, the continuation of the term of the earlier decision on the classification of information to State secrets, the change of the degree of secrecy of the information, cancel the earlier decision on the classification of information to State secrets shall be accepted by the State expert secrets within one month from the date of receipt of the appeal to the State body, local government body, Enterprise, institution, organization or citizen. Such decisions are subject to the registration of the security service of Ukraine, and is the basis for the formation of a body of information that constitutes State secret, and making changes to the above Code to branch or departmental deployed lists information that constitute a State secret.
The procedure for registration of decisions of government experts on the mysteries of is determined by the Cabinet of Ministers of Ukraine ";
3) part of the third-fifth off.
4. in article 12:1) in part 1: the words "and published in the official journals exclude;
Add the following sentence: "the specified Code and changes to it shall take effect from the date of publication in the official publications of Ukraine";
2) as part of the second word "published" replace the word "are", and the word "conclusion" to exclude;
3) in the third word (opinions) "deleted.
5. in the section of the second article 13 the words "concludes" replace the words "the decision."
6. In part 1 of article 14, the word "conclusion" to replace

the word "solution".
7. in article 15:1) part of the first and second lay in the following wording: "Zasekrečuvannâ material media by providing, on the basis Of information that constitutes State secret (detailed lists of information that constitutes State secret), the relevant document, product or other material medium information fingerboard secrecy official who prepares or creates the document, product or other material medium.
Vulture secrecy of each material the media classified information must match the degree of secrecy of the information which it contains, according to the Zvodom information that is a State secret, "special importance", "top secret" or "secret". Details of each material the media classified information consist of: Vulture secrecy;
number of instance;
Article Of information that constitutes State secret, on the basis of zasekrečennâ;
the name of the position and the signature of the person who provided the vulture secrecy ";
2) in five words "which enable officials that they occupy" to replace the words "stay which gives officials the right to";
3) of the sixth after the word "set" add the words "by making the appropriate conclusion."
8. in article 20:1) in the third part of the fourth paragraph of the words "the use of Government cipher and cryptographic etc replace the words" as well as the procedure for technical and cryptographic protection of classified information;
2) second part of the fifth supplement to the words "as well as the category of regime of secrecy";
3) after part five add a new part of the following content: "permission to conduct activities related to State secret, is not available, if there are no conditions for conducting such activities provided for by this article, and if the head of the enterprise, institution or organization is not a citizen of or has access to State secrets."
In this regard, part of the sixth-ninth count in accordance with parts of the seventh-tenth;
4) part of the seventh after the word "canceled" add the words "or its action may be stopped;
5) part of the 8th after the words "category of the regime of secrecy," add the words "(first, second or third);
6) part of the tenth after the word "stop" to add the words "and renewal."
9. In article 21:1), the first part of the supplement "that follow directly to the Manager of the State organ, organ of local self-government, enterprises, establishments, organizations;
2) second part of the seventh to recounted in the following wording: "If a State body, local government body, Enterprise, institution or organization conducts activities with classified information that has a degree of secrecy" top secret "and" special importance "RDF such authority, Enterprise, institution or organization is staffed by specialists who provided access to State secrets with a degree of secrecy" secret ";
3) click the "e" part of the eighth after the word "organization" add the words "and maintaining".
10. in article 22:1) in the text of the seventh and eighth part numbers "10" and "15" replacing respectively numbers "7" and "10";
2) of the second lay in the following wording: "access to State secret is provided according to Ukrainian citizens aged 18 years who need it under the terms of its service, production, scientific or scientific-technical activity or training bodies of the security service of Ukraine after their verification. The order of admittance to State secrets is determined by the Cabinet of Ministers of Ukraine ";
3) of the fourth outline in the following wording: "to consider the question of giving citizens access to State secrets by the State bodies, local authorities, enterprises, institutions and organizations where the work, service or are studying, are documents that are sent to the organs of the security service of Ukraine.
The list and form of such documents, as well as the order of their provision are determined by the Cabinet of Ministers of Ukraine ";
4) part of the seventh off.
11. in part 1 of article 23, paragraph 4 to this wording: "4) a citizen of criminal convictions for serious or especially serious crimes is not paid or is not removed in the prescribed manner;
in paragraph 5, the word "disease" replace the word "disorder".
12. in article 24:1) part of the second sentence, add the following text: "the results of the inspection agencies of the security service of Ukraine sent within five working days from the date of its completion to the State authorities, local authorities, enterprises, institutions, organizations that have asked about providing citizens with access to State secrets, notice of grant or refusal in granting such permission;
2) of the fourth outline in the following wording: "the message bodies of security service of Ukraine about refusal to provide citizens access to State secrets should contain links to the relevant provisions of article 23 of this law. Denial does not rule out the repeated appeals of State bodies, local self-government bodies, enterprises, institutions, organizations, about any changes in circumstances in which the provision of access to State secrets was denied. "
13. the text of article 25 lay in the following wording:

The State body, local government body, Enterprise, institution, organization must in the five-day period from the date of receipt of the message body of the security service of Ukraine about refusal to provide citizen access to State secrets in writing notify such citizen about the reasons and grounds for refusal.
A citizen has the right to appeal against the decision to refuse to provide access to State secrets in a manner prescribed by law. "
14. Article 26:1) name put in the following wording: "article 26. Reissue of access to State secrets, increase or decrease its forms and ";
2) paragraph three part lay in the following wording: "if necessary, increase or decrease of citizen admittance form to work with classified information of a higher or lower degree of secrecy";
3) of the second lay in the following wording: "the cancellation of previously provided access to State secrets is carried out by the authorities of the security service of Ukraine in the case or identify the circumstances provided by article 23 of this law, or after termination of citizen activities in connection with which he was granted admission, losing him citizenship or recognition of his incapacitated on the basis of information received by the authorities of the security service of Ukraine or obtained from public authorities , local authorities, enterprises, institutions and organizations ";
4) part of the fourth outline in the following wording: "notice of cancellation of citizen access to State secrets with reference to the relevant provisions of article 23 of this law authority of security service of Ukraine will send to the State organ, organ of local self-government, enterprises, institutions, organizations, where such citizen is carrying out activities with the State secret. A citizen has the right to appeal the revocation to him access to State secrets in a manner prescribed by law. "
15. in article 27:1) of the second lay in the following wording: "the decision to grant access to specific classified information (categories of classified information) and its material carriers taking the heads of bodies of State power, bodies of local self-government, enterprises, institutions and organizations, which carried out the work associated with the State secret, or stored material storage of classified information";
2) after part two add two new sections of the following contents: "the heads of State bodies, with the exception of persons provided by the sixth part of this article, local authorities, enterprises, institutions and organizations of access to State secrets in the field concerning the activity of the State organ, organ of local self-government, enterprises, institutions and organizations shall be ex officio after giving them access to State secrets of the corresponding form.
The procedure for the granting of access to State secrets to persons involved confidential cooperation with the operational units of the law-enforcement and other specially authorized bodies that carry out operational-search, intelligence or counter-intelligence activities, determined by the heads of these bodies in consultation with the security service of Ukraine. The security service of Ukraine such order granting access to State secrets defined by the head of the security service of Ukraine ".
In this regard, part of the third-fifth count in accordance with sections of the fifth-seventh.
16. in paragraph 6 of article 28 the word "tolerance" to replace the word "access", and after the words "as well as" add the words "report in writing".
17. The text of the law the word "organ of the State power" in all cases and numbers to replace the words "State organ" in the appropriate case and number.
II. Final provisions 1. This law shall enter into force six months after its publication.
2. The Cabinet of Ministers of Ukraine in the six-month period from the date of publication of this law: to ensure the adoption of the regulations stipulated by this law;
to bring their regulations into conformity with this Act;
ensure enforcement of ministries, other central executive bodies, their regulations into conformity with this Act.

President of Ukraine Viktor Yanukovych Kiev, July 6, 2010, 2432 N-VI