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LAW OF UKRAINE

On State Secret

(Vidomosti Verkhovnoii Rady (ВВР), 1994, No.16, p.93)

(Put into effect by Enactment of VR 3856-XII (3856-12) of 21.01.94, ВВР, 1994, No.16, p.94)

(In wording of the Law No. 1079-XIV (1079-14) of 21.09.99, ВВР, 1999, No.49, p.428)

(With changes, made according to the Law No. 971-IV (971-15) of 19.06.2003)

This Law regulates public relations, concerned with referring of information to state secret, classifying and declassifying of its material media and protection of state secret with the purpose of protection of national security of Ukraine.

Section I

GENERAL PROVISIONS

Article 1. Determination of notions

In this Law terms are used with the following meaning:

- state secret (hereinafter referred to also as secret information) - type of secret information, which covers data in the sphere of defense, economy, science and techniques, international relations, state security and protection of legal order, which disclosure may harm national security of Ukraine and which were acknowledged, according to legal procedure, as state secret and are subject to public protection;

- referring of information to state secret - procedure of making (by public expert on state secrets) a decision on referring of data category or certain data to state secret, specifying secrecy rate by way of description and defining of probable harm to national security of Ukraine in case of these data disclosure, by way of including this information to Data summary, which constitute state secret, and publishing this Summary and changes to it;

- secrecy stamp - property of material secret information media, which confirms secrecy rate of given information;

- public expert on state secrets - official, authorized to perform according to the requirements of this Law referring of information to state secret in the sphere of defense, economy, science and techniques, international relations, state security and protection of legal order, to change secrecy rate of this information and its declassifying;

- admittance to state secret - execution of citizen's right for access to secret information;

- access to state secret - providing by authorized official to the citizen of access to familiarize with certain secret information and carrying out of activity, concerned with state secret, or familiarizing with certain secret information and carrying out of activity, concerned with state secret, by this official according to its official competence;

- classifying of material information media - introduction, according to legal procedure, of restrictions for distribution and access to certain secret information by way of providing of documents, products and other material information media with corresponding secrecy stamp;

- Summary of data, which constitute state secret - act, providing list of data, which according to decision of public experts on state secrets, constitute state secret in spheres, defined by this Law;

- category of secrecy mode - category, which characterizes significance and volume of data, which constitute state secret and which are concentrated at governmental bodies, local authorities, enterprises, establishments and organizations;

- cryptographic protection of secret information - type of protection, which is realized by way of transformation of information with the use of special data (key data) in order to conceal (or restore) content of information, confirmation of its authenticity, integrity, authorship and other;

- material secret information media - material objects, including physical fields, in which state secret data are displayed in the form of texts, signs, symbols, images, technical solutions, processes and other;

- protection of secret information - complex of organization-legal, technical engineering, cryptographic and operative-searching measures, destined at prevention of disclosure of secret information and losses of its material media;

- secrecy mode - provided according to the requirements of this Law and other, issued in accordance to it, normative-legal acts single procedure of securing of state secret protection;

- declassifying of material secret information media - lifting, according to legal procedure, of restrictions for distribution and access to certain secret information by way of cancellation of previously provided secrecy stamp from documents, products and other material secret information media;

- special expertise of availability of conditions for carrying out of activity, concerned with state secret - expertise, which is carried out in order to determine at governmental bodies, local authorities, enterprises, establishments and organizations the availability of conditions, provided by this law, for carrying out of activity, concerned with state secret;

- secrecy rate ("specially important", "top secret", "secret") - category, which characterizes importance of secret information, rate of restriction of the access to it and level of its protection by the state;

- technical protection of secret information - type of protection, destined at securing of confidentiality, integrity with the help of technical-engineering means, and impossibility to block the information.

Article 2. Legislation of Ukraine on state secret

Relations in the sphere of state secret are regulated by Constitution of Ukraine (254k/96-BP), the Law of Ukraine "On information" (2657-12), this Law, international agreements, obligation of which is provided by Verkhovna Rada of Ukraine, and other normative-legal acts.

Article 3. Sphere of the Law's effect

he effect of this Law covers bodies of legislative, executive and judicial power, bodies of prosecutor's office in Ukraine, other governmental bodies, Verkhovna Rada of Autonomous Republic of Crimea, Cabinet of Ministers of Autonomous Republic of Crimea, local authorities, enterprises, establishments and organizations of Any ownership, unions of citizens (hereinafter referred to as governmental bodies, local authorities, enterprises, establishments and organizations), which carry out the activity, concerned with state secret, citizens of Ukraine, foreigners and persons without citizenship, who were granted with access to state secret according to the procedure, provided by the law.

Passed over to Ukraine data, which constitute the secret of a foreign country or international organization, are protected according to the procedure, provided by this Law. If international agreement, obligation of which is given by Verkhovna Rada of Ukraine, provides rules for protection of a secret of foreign country or international organization other from those in this Law, rules of international agreement of Ukraine prevail.

Article 4. Public policy on state secret

Public policy on state secret as a part of basis for internal and external policy is defined by Verkhovna Rada of Ukraine.

Article 5. Competence of governmental bodies, local authorities and their officials in the sphere of state secret protection

President of Ukraine, providing national security, issues decrees and regulations on state secret protection, referred by this Law and other laws to its competence.

Council for national security and defense of Ukraine coordinates and controls activity of executive bodies in the sphere of state secret protection.

Cabinet of Ministers of Ukraine directs and coordinates the work of ministries, other executive bodies concerning performing of public policy in the sphere of state secret protection.

Central and local executive bodies, Cabinet of Ministers of Autonomous Republic of Crimea and local authorities perform public policy in the sphere of state secret protection within their competence, provided by the law.

Specially authorized governmental body in the sphere of state secret protection is Security Service of Ukraine.

Securing of state secret protection according to requirements of secrecy mode at governmental bodies, local authorities, enterprises, establishments and organizations, which activity is concerned with state secret, is to be ensured by managers of mentioned bodies, enterprises, establishments and organizations.

Article 6. Execution of ownership for secret information and its material media

Owner of secret information or its material media executes its ownership taking into account restrictions, provided in the interests of national security of Ukraine according to this law.

If restriction of ownership for secret information or its material media harms their owner, compensation is carried out at the expense of the state according to the procedure and at the rate, provided by agreement between owner of such information or its material media and governmental body (bodies), which is provided by State expert on state secrets with the right to decide on subjects, which will have access to such information and its material media. Mentioned agreement also provides procedure and terms for state secret protection, including secrecy mode while using or disposing of secret information and its material media; it also provides consent of an owner of this information and its material media for execution of ownership taking into account restrictions, provided by this Law, undertaking by an owner of obligations concerning keeping of state secret and familiarizing him with measure of responsibility for violation of legislation on state secret.

If owner of secret information or its material media refuses to conclude an agreement or violates its, according to court's' decision this information or its material media may be withdrawn to public property on assumption of prior and complete compensation of their value to the owner.

Article 7. Financing of expenses for carrying out of activity, concerned with state secret

Financing of expenses for carrying out of activity, concerned with state secret, at budget establishments and organizations is carried out at the expense of State budget of Ukraine, budget of Autonomous Republic of Crimea and local budgets. Funds for mentioned expenses are to be provided as separate line in corresponding budget. Mentioned expenses of other establishments and organizations, as well as enterprises, are to be referred to gross expenses of a manufacturer of a product, which production is concerned with state secret.

Expenses for taking measures concerning referring of information to state secret, classifying, declassifying and protection of such information material media, its cryptographic and technical protection, other expenses, concerned with state secret, at non-governmental enterprises, establishments and organizations are to be financed on the basis of agreement with a customer of works, concerned with state secret.

Enterprises, establishments and organizations, which activity is concerned with state secret, may be granted with tax and other privileges according to the procedure, provided by the law.

Section II

REFERRING OF INFORMATION TO STATE SECRET

Article 8. Information, which may be referred to state secret

State secret, according to the procedure, provided by this Law, includes the following information:

1) in the sphere of defense:

- on content of strategic and operative plans and other documents of battle control, on preparing and carrying out of military operations, strategic and mobilization deployment of forces, as well as on other most important showings, which characterizes organization, quantity, dislocation, battle and mobilization readiness, battle and other military training, armament and material-technical supply of Armed Forces of Ukraine and other military formations;

- on directions of development of certain types of armament, military and special machinery, their quantity, performance characteristics, organization and technology of production, scientific, research and design works, concerned with development of new models of armament, military and special machinery or their modernization, as well as on other works, which are planned of carried out in the interests of country defense;

- on forces and means of Civil defense of Ukraine, possibilities of settlements, regions and certain objects for protection, evacuation and dispersal of population, ensuring of its vital functions and productive activity of national economy objects at war time or in conditions of emergency situations;

- on geodesic, gravitational, cartographic and hydrometeorological data and characteristics, which are important for defense of the country;

2) in the sphere of economy, science and technology:

- on mobilization plans and mobilization opportunities of economy of Ukraine, reserves and volumes of supply of strategic types of raw and materials, as well as final lists of nomenclature and accumulation levels, on total volumes of supplies, output, laying, renovation, location and actual stock of state reserve;

- on use of transport, communication, capacities of other branches and objects of infrastructure of the state in the interests of its security ensuring;

- on plans, content, volume, financing and performing of public order for satisfying of needs of security and defense;

- on plans, volumes and other most important characteristics of mining, production and realization of certain strategic types of raw materials and products;

- on state resources of precious metals of monetary group, jewels, currency and other valuables, on operation, concerned with production of banknotes and securities, their storing, security and protection from falsification, circulation, exchange or withdrawal from circulation, as well as on other special measures of financial activity of the state;

- on scientific, research, research-construction and design works, on which basis it is possible to create progressive technologies, new types of production process, products and technological processes, which have important defense and economic value or sufficiently influence foreign economic activity and national security of Ukraine;

3) in the sphere of international relations:

- on directives, plans, instructions to delegations and officials on foreign political and economical activity of Ukraine, destined at securing of its national interests and security;

- on military, scientific-technical and other cooperation of Ukraine with foreign states, if disclosure of such information may harm national security of Ukraine; on export and import of armament, military and special machinery, certain strategic types of raw materials and products;

4) in the sphere of national security and legal order protection:

- on personnel of bodies, which carry out operative-investigation activity;

- on means, content, plans, organization, financing and material-technical supply, forms, methods and results of operative-investigation activity, on persons, who cooperate or previously cooperated on confidential basis with bodies, which carry out such activity; on personnel and certain persons, which are secret permanent employee of bodies, which carry out operative-investigation work;

- on organization and procedure of securing of administrative buildings and other public objects, officials and other persons, which security is carried out according to the Law of Ukraine "On public security of governmental bodies of Ukraine and officials";

- on system of governmental and special communication;

- on organization, content, state and plans for development of cryptographic protection of secret information, content and results of scientific researches in the sphere of cryptography;

- on systems and means of cryptographic protection of secret information, their development, production, technology of production and use;

- on public codes, their development, production, technology of production and use;

- on organization of secrecy mode at governmental bodies, local authorities, enterprises, establishments and organizations, government programs, plans and other measures in the sphere of secret information protection;

- on organization, content, state and plans for development of technical protection of secret information;

- on results of checks, carried out according to the law by prosecutor according to the procedure of corresponding control of compliance to laws, and on content of materials of inquiry, pre-judicial investigation and legal proceedings on issues, mentioned in this article concerning spheres;

- on other means, forms and methods of state secret protection.

Certain data may be referred to state secret according to rate of their secrecy "specially important", "top secret", "secret" on assumption that they belong to category of mentioned in part one of this article, and their disclosure will harm interests of national security of Ukraine.

It is prohibited to refer to state secret any data, if it may cause constriction of content and volume of constitutional rights and freedoms of a persons and citizen, or if it may harm health and safety of a person.

The following information may not be referred to state secret:

- on state of environment, on quality of food and household goods;

- on accidents, catastrophes, dangerous natural phenomena and other extraordinary events, which occurred or may occur and threaten citizens' security;

- on health state of population, its living standard, including meals, cloths, accommodations, medical care and social security, as well as on social-demographic showings, level of legal order, education and culture of population;

- on facts of violation of rights and freedoms of a person and citizen;

- on illegal actions of governmental bodies, local authorities and their officials;

- other information, which according to laws and international agreements, obligation of which is provided by Verkhovna Rada of Ukraine, may not be classified.

Article 9. State expert on secrets

State expert on secrets according to requirements of this law performs referring of information in the sphere of defense, economy, science and technology, external relations, national security and legal order protection to state secret, as well as change secrecy rate of this information and declassifies it.

Performing of functions of state expert on secrets is put on the following certain officials:

- at Verkhovna Rada of Ukraine - Chairman of Verkhovna Rada of Ukraine;

- at other governmental bodies, National Academy of Sciences of Ukraine, enterprises, establishments and organizations - President of Ukraine on advice of Security service of Ukraine based on propositions of managers of corresponding governmental bodies, National Academy of Sciences of Ukraine, enterprises, establishments and organizations. (Paragraph three of part two of Article 9 in reduction of the Law No.971-15) of 19.06.2003)

Interfering into activity of state expert on secrets by a person, to which this expert is subordinated, is prohibited.

State expert on secrets, according to provided to him tasks:

1) determines:

- basis, on which the information may be referred to state secret;

- basis and expediency of referring to state secret the information on inventions (efficient model), assigned for use in spheres, mentioned in part one of article 8 of this Law;

- expediency of referring to state secret the information on inventions (efficient models), which have dual application, on the basis of comparative analysis of effectiveness of their target application and at author's (patent owner's) consent;

- secrecy rate of information, referred to state secret;

- governmental body (bodies), which has the right to decide on circle of subjects, which will have access to secret information;

2) provides conclusion on harm to national security of Ukraine in case of disclosure of certain secret information;

3) sets and continues validity terms for decisions on referring of information to state secret, specifying date of its declassifying;

4) provides Security service of Ukraine with conclusions on change of secrecy rate of information and cancellation of decision on referring of information to state secret in case, when basis, on which this information had been previously referred to state secret, have been terminated;

5) approves at consent with Security service of Ukraine expanded lists of data, which constitute state secret, changes to them, controls compliance of these lists to Summary of data, which constitute state secret;

6) considers propositions of governmental bodies, local authorities, enterprises, establishments, organizations, unions of citizens and certain citizens concerning referring of information to state secret and its declassifying;

7) approves conclusions on familiarity with state secret of citizens, which have or had access to state secret;

8) controls validity and correctness of providing documents, products and other material information media, which contain data, included into Summary of data or expanded lists of data, which constitute state secret, with corresponding secrecy stamp, timeliness of changes of such stamp and declassifying of these media, providing them with "declassified" property;

9) participates:

- in development of criteria for determination of loss, which may be caused to national security of Ukraine in case of disclosure of secret information;

- in carrying out of an expertise for determination of importance of secret information at facts of its disclosure or loss of material media of such information.

State expert on secrets while performing its functions is obliged:

1. to approve through the mediation of Security service of Ukraine its conclusions on referring of information to interstate secrets with corresponding officials of countries - participants of international agreements of Ukraine on mutual securing of interstate secrets and inform them on made decisions concerning referring of information to state secret, which is covered by the effect of these agreements;

2. to submit to Security service of Ukraine, within ten days after signing, decision on referring of information to state secret and conclusion on cancellation of these decisions, and extended lists of data, which constitute state secret, - at the same time from the moment of their approval;

3. to consider propositions of Security service of Ukraine on referring of information to state secret, its declassifying, carrying our of an expertise for determination of secrecy rate of data, making of decisions concerning termi-nation of validity of a decision on referring of information to state secret;

4. to provide with corresponding secrecy stamp decisions on referring of information to state secret and conclusions on cancellation of these decisions depending on importance of their content;

5. to participate in meetings of state experts on secrets.

State expert on secrets has the right:

1. to check freely the execution by governmental bodies, local authorities, enterprises, establishments, organizations, which are in the sphere of its activity, of decisions on referring of information to state secret, conclusions on cancellation of these decisions, keeping of procedure of information classifying and, in case of violations revealing, submit binding for execution instruction for their elimination;

2. to form expert commissions, consisting of specialists and scientists, which have access to state secret, for preparing of draft decisions on referring of information to state secret, decreasing of its secrecy rate and cancellation of mentioned decisions;

3. to cancel unreasonable decisions on providing of information media with secrecy stamp, change or cancellation of this stamp;

4. to solicit for calling to account of officials, which violate legislation of Ukraine on state secret;

5. to receive according to provided procedure from governmental bodies, local authorities, enterprises, establishments and organizations data, necessary for performing of its functions.

State expert on secrets, as well as specialists, which are involved into preparing of decisions and conclusions of state experts on secrets, are granted with additional payments provided at the rate and according to the procedure, provided by legislation.

State expert on secrets is personally is personally liable for legality and validity of its decision on referring of information to state secret or decision on decreasing of secrecy rate of such information or cancellation of decision on its referring to state secret, as well as for purposely non-making of decision on referring to state secret of information, which may harm interests of national security of Ukraine.

Article 10. Procedure of referring of information to state secret

Referring of information to state secret is carried out at sound decision of state expert on secrets at its own initiative, at inquiry of heads of corresponding governmental bodies, local authorities, enterprises, establishments and organization.

State expert on secrets refers information to state secret on issues, making decision on which belongs to its competence according to his position. In case, when making of decision on referring of information to state secret belongs to competence of several state experts on secrets, it at the initiative of state experts and at proposal of Security service of Ukraine is to be made jointly and approved by simple majority of votes. At that each expert has the right to express its opinion.

Information is considered as state secret from the time of publishing of Summary of data, which constitute state secret, which includes this information, or changes to it, performed according to the procedure, provided by this Law.

Article 11. Decision of state expert on secrets

Decision of state expert on secrets should include:

- information, which may be a state secret, and its compliance to categories and requirements, provided by article 8 of this law;

- reasons for referring of information to state secret and substantiation of loss to national security of Ukraine in case of its disclosure;

- secrecy rate of mentioned information;

- volume of financing of measures, necessary for protection of such information;

- governmental body, local authority, enterprise, establishment, organization or citizen, who has made a proposal to refer information to state secret, and governmental body (bodies), which is granted with the right to determine the circle of subject, which will have access to this information;

- term, within which decision on referring of information to state secret is in effect.

Decision on referring of information to state secret is made by state expert on secrets within one month from the date of receiving of inquiry of corresponding governmental body, local authority, enterprise, establishment, organization or citizen.

Decision of state expert on secrets on referring of information to state secret is to be registered by Security service of Ukraine at Summary of data, which constitute state secret.

Conclusion of state expert on secrets concerning cancellation of decision on referring of information to state secret is a basis for withdrawal of information from Summary of data, which constitute state secret. This conclusion comes into effect at the moment of introduction of changes into Summary of data, which constitute state secret, by Security service of Ukraine.

Decision (conclusion) of state expert (experts) on secrets, issued within the limits of its (their) competence and registered by Security service of Ukraine at Summary of data, which constitute state secret, is binding for execution on the territory of Ukraine.

Article 12. Summary of data, which constitute state secret

Summary of data, which constitute state secret, is formed and published at official prints by Security service of Ukraine on the basis of decision of state experts on secrets.

Changes to Summary of data, which constitute state secret, are to be published not later then within three months from the date of receiving by Security service of Ukraine of corresponding decision or conclusion of state expert on secrets.

Sample forms of decisions (conclusions) of state experts on secrets, procedure and mechanism of formation of Summary of data, which constitute state secret, and its publishing are defined by the Cabinet of Ministers of Ukraine.

On the basis and within limits of Summary of data, which constitute state secret, in order to concretize and systemize data on secret information governmental bodies create branch-wise or departmental extended lists of data, which constitute state secret, as well as may create interbranch and interdepartmental extended lists of data, which constitute state secret. Enterprises, establishments and organizations of any ownership, which carry out the activity, concerned with state secret, may create their own extended lists of data, which constitute state secret. Such lists are to be approved by Security service of Ukraine, and certified by state experts on secrets and registered at Security service of Ukraine.

Extended lists of data, which constitute state secret, may not be contrary to Summary of data, which constitute state secret.

In case of inclusion to Summary of data, which constitute state secret, or to extended lists information, which does not meet the requirements and categories, provided by article 8 of this Law, or violation of set procedure of referring information to state secret interested citizens or juridical persons have the right to appeal corresponding decisions at court. In order to prevent disclosure of state secret, court's sitting may be held in form of close sessions according to the law.

Article 13. Term of validity of decision on referring of information to state secret

Term, within which decision on referring of information to state secret, is defined by state expert on secrets taking into account secrecy rate of information, determination criteria for which are provided by Security Service of Ukraine, and other circumstances. It may not exceed: concerning information with "specially important" stamp - 30 years, with "top secret" stamp - 10 years, with "secret" stamp - 5 years.

After termination of provided by part one of this article term of validity of decision on referring of information to state secret, state expert on secrets makes a conclusion on cancellation of decision on referring it to state secret or makes decision on extension of term of validity of mentioned decision within terms, provided by part one of this article.

President of Ukraine at its own initiative or on the basis of propositions of state experts on secrets or at inquiry of governmental bodies, local authorities, enterprises, establishments, organizations or citizens may define longer terms of validity of decisions on referring of information to state secret, then those, provided by part one of this article.

Article 14. Change of secrecy rate of information and cancellation of decision on referring of information to state secret

Increase or decrease of secrecy rate of information and cancellation of decision on referring of information to state secret are carried out on the basis of conclusion of state expert on secrets or on the basis of court's decision in cases, provided by article 12 of this Law, and are registered by Security service of Ukraine by way of making corresponding changes to Summary of data, which constitute state secret.

Information is considered as state secret with higher or lower secrecy rate or being not a state secret from the moment of publishing of corresponding changes to Summary of data, which constitute state secret.

Section III

CLASSIFYING AND DECLASSIFYING OF MATERIAL INFORMATION MEDIA

Article 15. Classifying and declassifying of material information media

Classifying of material information media is carried out by way of providing corresponding document, product or other material information media with secrecy stamp.

Properties of each material information media should contain secrecy stamp, which corresponds to information secrecy rate, defined by decision of state expert on secrets, - "specially important", "top secret", "secret", date and term of classifying of material secret information media, which is to be defined taking into account terms of validity of decision on referring of information to state secret, provided by article 13 of this Law, signature, its decoding and position of a person, which provided mentioned stamp, as well as referring to corresponding paragraph (article) of Summary of data, which constitute state secret.

If properties, mentioned in part of this article, may not be put directly to material secret information media, they should be mentioned in forwarding document.

It is prohibited to provide secrecy stamps, provided by this law, to material media of another secret information, which does not constitute state secret, or confidential information.

List of position, which provide possessing them persons with the right to provide material secret information media with secrecy stamps, is to be approved by the head of governmental body, local authority, enterprise, establishment or organization, which carry our activity, concerned with state secret.

Secrecy rate of scientific-research, research-constrictive and design works, which are performed in the interests of ensuring of national security and defense of the state, are defined by state expert on secrets, which perform its functions in the sphere of customer's activity, together with subcontractor.

After termination of provided terms of classifying of material information media and in case of increase or decrease of defined by state expert on secrets secrecy rate of such information or cancellation of decision on referring of it to state secret, heads of governmental bodies, local authorities, enterprises, establishments and organizations, in which classifying of material information media was held, or heads of governmental bodies, local authorities, enterprises, establishments and organizations, which are their successors, or managers of higher level are obliged within six months to ensure change of secrecy stamp or declassifying of these material secret information media and inform in writing about it managers of governmental bodies, local authorities, enterprises, establishments and organizations, to which such material secret information media were passed.

Article 16. Term of classifying of material information media

Term of classifying of material information media should correspond to term of validity of decision on referring of information to state secret, defined by the decision of state expert on secrets.

Course of term of classifying of material information media begins at the time of providing them with secrecy stamp.

Article 17. Appeal of a decision on classifying of material information media

Citizens and juridical persons have the right to make to officials, who provided material media of secret information with secrecy stamp, obligatory for consideration reasonable proposition on declassifying of this information media. Within one month, mentioned officials should provide the citizen and juridical person with the answer on this matter.

Decision on declassifying of material information media may be appealed by citizen of juridical person in subordination order to higher body or official or at court. In case of rejection of a complaint, submitted according to subordination order, citizen or juridical person has the right to appeal decision of higher body or official at court.

President of Ukraine L. KRAVCHUK

Kyiv City

January 21, 1994

No. 3855-XII