Law of the Russian Federation of July 21, 1993 N 5485-1
&# 171;On State Secrets»
This Law regulates relations arising in connection with the classification of information as a state secret, its declassification and protection in the interests of ensuring the security of the Russian Federation.
SECTION I. GENERAL PROVISIONS
Article 1. Scope of this Law
The provisions of this Law shall be binding on the Russian Federation and beyond by representative, executive and judicial authorities (hereinafter referred to as state authorities), local government, enterprises, institutions and organizations regardless of their organizational and legal form and form of ownership, officials and citizens of the Russian Federation who have undertaken obligations or are obliged by their status to comply with the requirements of the legislation of the Russian Federation on state secrets.
Article 2. Basic Concepts Used in This Law
The following basic concepts are used in this Law:
state secret — information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may damage the security of the Russian Federation;
carriers of information constituting a state secret — material objects, including physical fields, in which information constituting a state secret is displayed in the form of symbols, images, signals, technical solutions and processes;
system of protection of state secrets — a set of bodies for the protection of state secrets, the means and methods used by them to protect information constituting a state secret and its carriers, as well as the activities carried out for these purposes;
admission to state secrets — the procedure for formalizing the right of citizens to access information constituting a state secret, and of enterprises, institutions and organizations — to carry out work using such information;
access to information constituting a state secret — familiarization of a specific person with information constituting a state secret, authorized by an authorized official;
Secrecy classification — details indicating the level of secrecy of information contained in its medium, indicated on the medium itself and (or) in the accompanying documentation for it;
Information security tools — technical, cryptographic, software and other tools designed to protect information constituting a state secret, the tools in which they are implemented, as well as tools for monitoring the effectiveness of information security.
Article 3. Legislation of the Russian Federation on state secrets
The legislation of the Russian Federation on state secrets is based on the Constitution of the Russian Federation, the Law of the Russian Federation «On Security» and includes this Law, as well as the provisions of other legislative acts regulating relations related to the protection of state secrets.
Article 4. Powers of government bodies and officials in the area of classifying information as a state secret and protecting it
1. The Supreme Council of the Russian Federation:
implements legislative regulation of relations in the area of protecting state secrets;
approves articles of the republican budget of the Russian Federation in terms of funds allocated for the implementation of state programs in the area of protecting state secrets;
exercises parliamentary control over the implementation of the legislation of the Russian Federation on state secrets, including when concluding international treaties and intergovernmental agreements;
determines the powers of officials from the apparatus of the Supreme Council of the Russian Federation to ensure the protection of state secrets in the Supreme Council of the Russian Federation;
within the limits of its competence, resolves other issues in the area of classifying information as a state secret and protecting it.
2. The President of the Russian Federation:
approves state programs in the area of protecting state secrets;
approves, upon the recommendation of the Government of the Russian Federation, the composition, structure of the interdepartmental commission for the protection of state secrets and its regulations;
approves, upon submission by the Government of the Russian Federation, the List of officials of state authorities vested with the authority to classify information as a state secret, as well as the List of information classified as a state secret;
concludes international treaties of the Russian Federation on the joint use and protection of information constituting a state secret;
defines the powers of officials to ensure the protection of state secrets in the office of the President of the Russian Federation;
within its competence, resolves other issues in the area of classifying information as a state secret and protecting it.
3. The Government of the Russian Federation:
organizes the implementation of the Law of the Russian Federation «On State Secrets»;
submits for approval to the President of the Russian Federation the composition, structure of the interdepartmental commission for the protection of state secrets and its regulations;
submits for approval to the President of the Russian Federation the List of officials of state authorities vested with the authority to classify information as a state secret;
establishes the procedure for developing the List of information classified as a state secret;
organizes the development and implementation of state programs in the field of protecting state secrets;
defines the powers of officials to ensure the protection of state secrets in the apparatus of the Government of the Russian Federation;
establishes the amounts and procedure for providing benefits to citizens who have permanent access to state secrets and to employees of structural divisions for the protection of state secrets;
establishes the procedure for determining the amount of damage resulting from the unauthorized dissemination of information constituting a state secret, as well as damage caused to the owner of the information as a result of its classification;
concludes intergovernmental agreements, takes measures to implement international treaties of the Russian Federation on the joint use and protection of information constituting a state secret, makes decisions on the possibility of transferring their carriers to other states.
4. The state authorities of the Russian Federation, republics within the Russian Federation, autonomous regions, autonomous districts, territories, regions, the cities of Moscow and St. Petersburg and local governments, in cooperation with state secret protection agencies located within the relevant territories:
ensure the protection of information transferred to them by other state authorities, enterprises, institutions and organizations that constitutes a state secret, as well as information classified by them;
ensure the protection of state secrets at enterprises, institutions and organizations under their jurisdiction in accordance with the requirements of the legislative acts of the Russian Federation;
ensure, within the limits of their competence, the implementation of verification measures in relation to citizens who are admitted to state secrets;
implement measures provided for by law to limit the rights of citizens and provide benefits to persons who have or have had access to information constituting a state secret;
submit proposals to the highest state authorities on improving the system of protecting state secrets.
5. Judicial authorities:
consider criminal and civil cases on violations of the legislation of the Russian Federation on state secrets;
ensure judicial protection of citizens, state authorities, enterprises, institutions and organizations in connection with their activities to protect state secrets;
ensure the protection of state secrets during the consideration of the specified cases;
define the powers of officials to ensure the protection of state secrets in judicial bodies.
SECTION II. INFORMATION THAT BELONGS TO A STATE SECRETS
Article 5. Information that may be classified as a state secret
The following information may be classified as a state secret:
1. information in the military sphere:
on the content of strategic and operational plans, combat control documents on the preparation and conduct of operations, strategic, operational and mobilization deployment of troops, on their combat capability and mobilization readiness, on the creation and use of mobilization resources;
on the directions of development of weapons and military equipment, the content and results of the implementation of target programs, research and development work on the creation and modernization of weapons and military equipment;
on the quantity, structure and technology of production of nuclear and special weapons, technical means and methods of their protection from unauthorized use;
on the tactical and technical characteristics and combat capabilities of weapons and military equipment, properties, formulations or technologies for the production of new types of rocket fuel or explosives for military purposes;
on the deployment, purpose, level of readiness and security of sensitive and especially important facilities, on their design and construction, as well as on the allocation of land, subsoil and water areas for these facilities;
on the deployment, actual names, organizational structure, armament and number of associations, formations and units of the Armed Forces of the Russian Federation;
2. information in the field of economics, science and technology:
on the content of plans for the preparation of the Russian Federation and its individual regions for possible military actions, the mobilization capacity of the industry for the production of weapons and military equipment, on the volumes of deliveries and reserves of strategic types of raw materials and materials, as well as on the placement and actual size of state material reserves;
on the use of the infrastructure of the Russian Federation in the interests of ensuring its defense capability and security;
on the forces and means of civil defense, deployment, purpose and level of protection of administrative management facilities, ensuring the safety of the population, on the functioning of industry, transport and communications as a whole in the Russian Federation;
on the volumes, plans (tasks) of the state defense order, the release and supply (in monetary or physical terms) of weapons, military equipment and other defense products, on the availability and expansion of production capacities, connections between enterprises in cooperation, developers or manufacturers of the said
weapons, military equipment and other defense products;
on research, development and design work, technologies that are of important defense or economic significance, affecting the security of the Russian Federation;
on state reserves of precious metals and precious stones of the Russian Federation, its finances and budget policy (except for generalized indicators characterizing the general state of the economy and finances);
3. information in the field of foreign policy and economics:
on the foreign policy and foreign economic (trade, credit and currency) activities of the Russian Federation, the premature dissemination of which may cause damage to its interests;
4. information in the field of intelligence, counterintelligence and operational-search activities:
on the forces, means, sources, methods, plans and results of intelligence, counterintelligence and operational-search activities, as well as data on the financing of these activities, if this data discloses the listed information;
on persons cooperating or having cooperated on a confidential basis with agencies carrying out intelligence, counterintelligence and operational-search activities;
on the system of government and other types of special communications, on government codes, methods and means of their analysis;
on methods and means of protecting classified information;
on state programs and activities in the field of protecting state secrets.
SECTION III. CLASSIFICATION OF INFORMATION AND ITS CARRIERS
Article 6. Principles of Classifying Information
Classification of information and its carriers — introduction, in the manner prescribed by this Law, of restrictions on the dissemination of information and on access to its carriers for information constituting a state secret.
Classification of information is carried out in accordance with the principles of legality, validity and timeliness.
The legality of classifying information consists in the compliance of the classified information with the provisions of Articles 5 and 7 of this Law and the legislation of the Russian Federation on state secrets.
The validity of classifying information consists of establishing, through an expert assessment, the advisability of classifying specific information, the probable economic and other consequences of this act based on the balance of vital interests of the state, society and citizens.
The timeliness of classifying information consists of establishing restrictions on the dissemination of this information from the moment of its receipt (development) or in advance.
Article 7. Information Not Subject to Classification
The following information is not subject to classification:
on emergencies and disasters that threaten the safety and health of citizens, and their consequences, as well as on natural disasters, their official forecasts and consequences;
on the state of the environment, health care, sanitation, demography, education, culture, agriculture, as well as on the state of crime;
on privileges, compensations and benefits provided by the state to citizens, officials, enterprises, institutions and organizations;
on the facts of violation of human and civil rights and freedoms;
on the size of the gold reserves and state currency reserves of the Russian Federation;
on the health status of senior officials of the Russian Federation;
on the facts of violation of the law by state authorities and their officials.
Officials who have made decisions to classify the listed information or to include it for these purposes in information carriers constituting a state secret shall bear criminal, administrative or disciplinary liability depending on the material and moral damage caused to society, the state and citizens. Citizens have the right to appeal such decisions in court.
Article 8. Degrees of secrecy of information and secrecy classifications of carriers of this information
The degree of secrecy of information constituting a state secret must correspond to the degree of severity of the damage that may be caused to the security of the Russian Federation as a result of the dissemination of said information.
Three levels of secrecy of information constituting a state secret are established, and the corresponding secrecy classifications for the carriers of said information are: «of special importance», «top secret», and «secret». The procedure for determining the amount of damage that may be caused to the security of the Russian Federation as a result of the dissemination of information constituting a state secret, and the rules for classifying said information as a particular level of secrecy are established by the Government of the Russian Federation.
The use of the listed secrecy classifications to classify information that is not classified as a state secret is not permitted.
Article 9. Procedure for classifying information as a state secret
Classification of information as a state secret is carried out in accordance with its industry, departmental or program-target affiliation.
The justification of the need to classify information as a state secret in accordance with the principles of classifying information is assigned to government agencies, enterprises, institutions and organizations that received (developed) this information.
The classification of information as a state secret is carried out by the heads of state authorities in accordance with the List of officials empowered to classify information as a state secret, approved by the President of the Russian Federation. The said persons bear personal responsibility for the decisions they make on the advisability of classifying specific information as a state secret.
In order to implement a unified state policy in the area of classification of information, the interdepartmental commission for the protection of state secrets shall form a List of information classified as a state secret. This List shall indicate the state authorities vested with the authority to dispose of this information. This List shall be approved by the President of the Russian Federation, shall be subject to open publication and shall be revised as necessary. State authorities whose heads are vested with the authority to classify information as a state secret shall develop detailed lists of information subject to classification. These lists shall include information, the authority to dispose of which the said authorities are vested with, and shall establish the degree of its secrecy. Within the framework of target programs for the development and modernization of weapons and military equipment, experimental design and research work, by decision of the customers of the said models and work, separate lists of information subject to classification may be developed. These lists shall be approved by the relevant heads of state authorities. The advisability of classifying such lists is determined by their content.
Article 10. Restriction of property rights of enterprises, institutions, organizations and citizens of the Russian Federation to information in connection with its classification
Officials vested with the authority to classify information as a state secret in the manner prescribed by Article 9 of this Law shall have the right to make decisions to classify information owned by enterprises, institutions, organizations and citizens (hereinafter referred to as the owner of the information), if this information includes information listed in the List of Information Classified as a State Secret. Classification of the said information shall be carried out upon the submission of the owners of the information or the relevant government agencies. Material damage caused to the owner of the information in connection with its classification shall be compensated by the state in the amounts determined in the agreement between the government agency at whose disposal this information is transferred and its owner. The agreement shall also provide for the obligations of the owner of the information not to disseminate it. If the owner of the information refuses to sign the agreement, he shall be warned of liability for the unauthorized dissemination of information constituting a state secret, in accordance with the current legislation.
The owner of the information has the right to appeal to the court the actions of officials that, in the opinion of the owner of the information, infringe on his rights. If the court recognizes the actions of officials as illegal, the procedure for compensation for damage caused to the owner of the information is determined by the court decision in accordance with the current legislation.
The right of ownership of information of foreign organizations and foreign citizens cannot be limited if this information was obtained (developed) by them without violating the legislation of the Russian Federation.
Article 11. Procedure for classifying information and its carriers
The basis for classifying information obtained (developed) as a result of management, production, scientific and other types of activity of state authorities, enterprises, institutions and organizations is their compliance with the lists of information subject to classification in force in these bodies, at these enterprises, in these institutions and organizations. When classifying this information, its carriers are assigned the corresponding secrecy classification. If it is impossible to identify the received (developed) information with the information contained in the current list, officials of government bodies, enterprises, institutions and organizations are obliged to ensure preliminary classification of the received (developed) information in accordance with the expected level of secrecy and, within one month, send proposals for its addition (amendment) to the official who approved the said list.
The officials who approved the current list are obliged, within three months, to organize an expert assessment of the proposals received and make a decision on the addition (amendment) to the current list or the removal of the secrecy classification previously assigned to the information.
Article 12. Details of carriers of information constituting a state secret
The following data are applied to the carriers of information constituting a state secret:
the level of secrecy of the information contained in the carrier with a reference to the corresponding point of the list of information subject to classification in force in the given government agency, at the given enterprise, in the given institution and organization;
the government agency, the enterprise, the institution, the organization that classified the carrier with the registration number;
about the date or condition of declassification of information or about the event after which the information will be declassified.
If it is impossible to apply such details to a carrier of information constituting a state secret, these data are indicated in the accompanying documentation for this carrier. If the carrier contains components with different levels of secrecy, each of these components is assigned a corresponding secrecy classification, and the carrier as a whole is assigned a secrecy classification corresponding to the secrecy classification that is assigned to its component that has the highest level of secrecy for this carrier.
In addition to the details listed in this article, additional marks may be placed on the medium and/or in the accompanying documentation to it, defining the powers of officials to familiarize themselves with the information contained in this medium. The type and procedure for placing additional marks and other details shall be determined by regulatory documents approved by the Government of the Russian Federation.
SECTION IV. DECLASISM OF INFORMATION AND ITS MEDIA
Article 13. Procedure for declassifying information
Declassification of information and its carriers — lifting of restrictions previously introduced in the manner prescribed by this Law on the dissemination of information constituting a state secret and on access to its carriers.
The grounds for declassifying information are:
the assumption by the Russian Federation of international obligations to openly exchange information constituting a state secret in the Russian Federation;
a change in objective circumstances, as a result of which further protection of information constituting a state secret is inappropriate.
Government bodies whose heads are empowered to classify information as a state secret are required to periodically, but not less than every 5 years, review the content of the lists of information subject to classification in force in government bodies, enterprises, institutions and organizations, in terms of the validity of classifying information and its compliance with the previously established level of secrecy.
The period of classification of information constituting a state secret shall not exceed 30 years. In exceptional cases, this period may be extended by the conclusion of the interdepartmental commission for the protection of state secrets.
The right to change the lists of information subject to classification in effect in government bodies, enterprises, institutions and organizations is vested in the heads of government bodies who approved them, who bear personal responsibility for the validity of their decisions to declassify information. The decisions of these heads related to changing the list of information classified as a state secret are subject to approval by the interdepartmental commission for the protection of state secrets, which has the right to suspend and appeal these decisions.
Article 14. Procedure for declassifying carriers of information constituting a state secret
Carriers of information constituting a state secret are declassified no later than the deadlines established when they were classified. Before the expiration of these deadlines, carriers are subject to declassification if the provisions of the list in force in a given government agency, enterprise, institution or organization, on the basis of which they were classified, have been changed.
In exceptional cases, the right to extend the initially established periods of classification of carriers of information constituting a state secret is granted to the heads of state bodies vested with the authority to classify the relevant information as a state secret, based on the conclusion of an expert commission appointed by them in the established manner.
Heads of government bodies, enterprises, institutions and organizations are vested with the authority to declassify information carriers that have been unreasonably classified by officials subordinate to them. Heads of state archives of the Russian Federation are vested with the authority to declassify information carriers constituting a state secret that are stored in closed funds of these archives, if such authority is delegated to them by the organization that created the fund or its legal successor. In the event of the liquidation of the organization that created the fund and the absence of its legal successor, the issue of the procedure for declassifying information carriers constituting a state secret is considered by the interdepartmental commission for the protection of state secrets.
Article 15. Fulfilment of requests from citizens, enterprises, institutions, organisations and state authorities of the Russian Federation to declassify information
Citizens, enterprises, institutions, organisations and state authorities of the Russian Federation have the right to apply to state authorities, enterprises, institutions and organisations, including state archives, with a request to declassify information classified as a state secret.
Government bodies, enterprises, institutions, organizations, including state archives, that have received such a request are required to consider it within three months and provide a reasoned response on the merits of the request. If they are not authorized to decide on the issue of declassifying the requested information, then the request is transferred within one month from the moment of its receipt to the government body vested with such powers, or to the interdepartmental commission for the protection of state secrets, of which the citizens, enterprises, institutions, organizations and government bodies of the Russian Federation that submitted the request are notified.
Failure of officials to consider the request on its merits entails administrative (disciplinary) liability in accordance with applicable law. The validity of classifying information as a state secret may be appealed to the court. If the court finds that classifying information as a state secret is unjustified, this information shall be declassified in accordance with the procedure established by this Law.
SECTION V. DISPOSAL OF INFORMATION CONSTITUTING A STATE SECRET
Article 16. Mutual transfer of information constituting a state secret by government bodies, enterprises, institutions and organizations
Mutual transfer of information constituting a state secret is carried out by state authorities, enterprises, institutions and organizations that are not in subordination relationships and do not perform joint work, with the approval of the state authority that has this information at its disposal in accordance with Article 9 of this Law.
Government bodies, enterprises, institutions and organizations requesting information constituting a state secret are obliged to create conditions that ensure the protection of this information. Their heads bear personal responsibility for failure to comply with the established restrictions on familiarization with information constituting a state secret.
A mandatory condition for the transfer of information constituting a state secret to government bodies, enterprises, institutions and organizations is their compliance with the requirements provided for in Article 27 of this Law.
Article 17. Transfer of information constituting a state secret in connection with the performance of joint and other work
The transfer of information constituting a state secret to enterprises, institutions, organizations or citizens in connection with the performance of joint and other work is carried out by the customer of these works with the permission of the state authority that, in accordance with Article 9 of this Law, has the relevant information, and only to the extent necessary to perform these works. In this case, before transferring information constituting a state secret, the customer is obliged to ensure that the enterprise, institution or organization has a license to perform work using information of the appropriate level of secrecy, and that citizens have the appropriate clearance.
Enterprises, institutions or organizations, including non-state forms of ownership, when conducting joint and other work (receiving state orders) and the need to use information constituting a state secret arises in connection with this, may conclude agreements with state enterprises, institutions or organizations on the use of services of their structural divisions for the protection of state secrets, which is noted in the licenses for the performance of work using information constituting a state secret of both contracting parties.
The contract for joint and other works concluded in the manner prescribed by law shall provide for mutual obligations of the parties to ensure the safety of information constituting a state secret both during the work and upon its completion, as well as the terms of financing the work (services) to protect information constituting a state secret. Organization of control over the effectiveness of the protection of state secrets during joint and other works is assigned to the customer of these works in accordance with the provisions of the contract concluded by the parties.
If the contractor violates its obligations to protect state secrets during joint and other work, the customer has the right to suspend the execution of the order until the violations are eliminated, and in case of repeated violations — to raise the issue of canceling the order and the license to carry out work using information constituting a state secret, and bringing the guilty persons to justice. In this case, the material damage caused by the contractor to the state represented by the customer is subject to recovery in accordance with the current legislation.
Article 18. Transfer of information constituting a state secret to other states
The decision to transfer information constituting a state secret to other states is made by the Government of the Russian Federation upon the availability of an expert opinion of the interdepartmental commission for the protection of state secrets on the possibility of transferring this information.
The obligations of the receiving party to protect the information transferred to it are provided for by the contract (agreement) concluded with it.
Article 19. Protection of information constituting a state secret when the functions of the subjects of legal relations change
Government bodies, enterprises, institutions and organizations that possess information constituting a state secret, in cases of change of their functions, forms of ownership, liquidation or termination of work using information constituting a state secret, are obliged to take measures to ensure the protection of this information and its carriers. In this case, carriers of information constituting a state secret are destroyed in the established manner, handed over for archival storage or transferred:
the legal successor of a government agency, enterprise, institution or organization that holds information constituting a state secret, if this legal successor has the authority to carry out work using the said information;
the government agency that holds the relevant information in accordance with Article 9 of this Law;
another government agency, enterprise, institution or organization, as directed by the interdepartmental commission for the protection of state secrets.
SECTION VI. PROTECTION OF STATE SECRETS
Article 20. Agencies for the Protection of State Secrets
The bodies responsible for protecting state secrets include:
the interdepartmental commission for the protection of state secrets;
federal executive authorities (the Ministry of Security of the Russian Federation, the Ministry of Defense of the Russian Federation, the Federal Agency for Government Communications and Information under the President of the Russian Federation), the Foreign Intelligence Service of the Russian Federation, the State Technical Commission under the President of the Russian Federation and their local bodies;
government authorities, enterprises, institutions and organizations and their structural divisions for the protection of state secrets.
The Interdepartmental Commission for the Protection of State Secrets is a collegial body coordinating the activities of state authorities to protect state secrets in the interests of developing and implementing state programs, regulatory and methodological documents that ensure the implementation of the legislation of the Russian Federation on state secrets. The functions of the Interdepartmental Commission for the Protection of State Secrets and its supradepartmental powers are implemented in accordance with the Regulation on the Interdepartmental Commission for the Protection of State Secrets, approved by the President of the Russian Federation.
The Federal Executive Authorities (the Ministry of Security of the Russian Federation, the Ministry of Defense of the Russian Federation, the Federal Agency for Government Communications and Information under the President of the Russian Federation), the Foreign Intelligence Service of the Russian Federation, the State Technical Commission under the President of the Russian Federation and their local bodies organize and ensure the protection of state secrets in accordance with the functions assigned to them by the legislation of the Russian Federation.
Government bodies, enterprises, institutions and organizations ensure the protection of information constituting a state secret in accordance with the tasks assigned to them and within the limits of their competence. Responsibility for organizing the protection of information constituting a state secret in government bodies, enterprises, institutions and organizations rests with their managers.
Depending on the volume of work involving the use of information constituting a state secret, heads of government bodies, enterprises, institutions and organizations create structural divisions for the protection of state secrets, the functions of which are determined by the said heads in accordance with regulatory documents approved by the Government of the Russian Federation and taking into account the specifics of the work they carry out.
Protection of state secrets is a type of core activity of a government body, enterprise, institution or organization.
Article 21. Admission of officials and citizens to state secrets
Access to state secrets for officials and citizens of the Russian Federation is voluntary. Access to state secrets for persons with dual citizenship, stateless persons, as well as persons from among foreign citizens, emigrants and re-emigrants is carried out in the manner established by the Government of the Russian Federation.
Access to state secrets for officials and citizens includes:
acceptance of obligations to the state not to disseminate information entrusted to them that constitutes a state secret;
consent to partial, temporary restrictions of their rights in accordance with Article 24 of this Law;
written consent to the implementation of verification measures in relation to them by authorized bodies;
determination of the types, amounts and procedure for providing benefits provided for by this Law;
familiarization with the norms of the legislation of the Russian Federation on state secrets, providing for liability for its violation;
making a decision by the head of a government body, enterprise, institution or organization on admitting the person being registered to information constituting a state secret.
The scope of verification activities depends on the level of secrecy of the information to which the person being registered will be admitted. Verification activities are carried out in accordance with the legislation of the Russian Federation. The purpose of verification activities is to identify the grounds provided for in Article 22 of this Law.
The following benefits are established for officials and citizens admitted to state secrets on a permanent basis:
percentage bonuses to wages depending on the level of secrecy of the information to which they have access;
preferential right, other things being equal, to remain at work when state authorities, enterprises, institutions and organizations carry out organizational and (or) staffing activities.
For employees of structural divisions for the protection of state secrets, in addition to the benefits established for officials and citizens admitted to state secrets on a permanent basis, a percentage increase in wages is established for length of service in the said structural divisions.
Mutual obligations of the administration and the person being registered are reflected in the employment agreement (contract). Conclusion of an employment agreement (contract) before the end of the inspection by the competent authorities is not allowed. Three forms of access to state secrets for officials and citizens are established, corresponding to three levels of secrecy of information constituting a state secret: to information of special importance, top secret or secret. The presence of access to information of a higher level of secrecy for officials and citizens is the basis for their access to information of a lower level of secrecy.
The terms, circumstances and procedure for reissuing access to state secrets for citizens are established by regulatory documents approved by the Government of the Russian Federation. The procedure for accessing officials and citizens to state secrets in the conditions of a declared state of emergency may be changed by the President of the Russian Federation.
Article 22. Grounds for refusing an official or citizen access to state secrets
Grounds for refusing an official or citizen access to state secrets may be:
recognition by a court as incompetent, partially incompetent or an especially dangerous recidivist, being on trial or under investigation for state or other serious crimes, having an unexpunged conviction for these crimes;
the presence of medical contraindications for work using information constituting a state secret, according to the list approved by the Ministry of Health of the Russian Federation;
permanent residence of himself and (or) his close relatives abroad and (or) registration by the said persons of documents for departure for permanent residence in other states;
identification as a result of verification activities of actions of the person being registered that create a threat to the security of the Russian Federation;
evasion of verification activities and (or) provision of knowingly false personal data.
The decision to deny an official or citizen access to state secrets is made by the head of a government agency, enterprise, institution or organization on an individual basis, taking into account the results of verification activities. The citizen has the right to appeal this decision to a higher organization or to the court.
Article 23. Conditions for termination of access of an official or citizen to state secrets
Access of an official or citizen to state secrets may be terminated by decision of the head of a government body, enterprise, institution or organization in the following cases:
termination of an employment contract (agreement) with him/her in connection with the implementation of organizational and (or) staffing measures;
a single violation by him of the obligations assumed by the employment contract (contract) related to the protection of state secrets;
the emergence of circumstances that, in accordance with Article 22 of this Law, are grounds for refusing an official or citizen access to state secrets. Termination of an official's or citizen's access to state secrets is an additional basis for termination of the employment contract (contract) with him, if such conditions are stipulated in the employment contract (contract).
Termination of access to state secrets does not release an official or citizen from their obligations to non-disclosure of information constituting a state secret.
The decision of the administration to terminate the access of an official or citizen to state secrets and to terminate their employment agreement (contract) on this basis may be appealed to a higher organization or to the court.
Article 24. Restrictions on the rights of an official or citizen who has been or was previously granted access to state secrets
An official or citizen who has been or was previously granted access to state secrets may have their rights temporarily restricted.
Restrictions may concern:
the right to travel abroad for a period specified in the employment agreement (contract) when issuing the citizen's access to state secrets;
the right to disseminate information constituting a state secret and to use discoveries and inventions containing such information;
the right to privacy during verification activities during the period of obtaining access to state secrets.
Article 25. Organization of access of an official or citizen to information constituting a state secret
The organization of access of an official or citizen to information constituting a state secret is assigned to the head of the relevant government agency, enterprise, institution or organization, as well as to their structural divisions for the protection of state secrets. The procedure for access of an official or citizen to information constituting a state secret is established by regulatory documents approved by the Government of the Russian Federation. Heads of government agencies, enterprises, institutions and organizations bear personal responsibility for creating such conditions under which an official or citizen is familiarized only with such information constituting a state secret, and in such volumes as are necessary for him to perform his official (functional) duties.
Article 26. Responsibility for violation of the legislation of the Russian Federation on state secrets
Officials and citizens guilty of violating the legislation of the Russian Federation on state secrets shall bear criminal, administrative, civil or disciplinary liability in accordance with the current legislation.
The protection of the rights and legitimate interests of citizens, government bodies, enterprises, institutions and organizations within the scope of this Law shall be carried out in court or other manner provided for by this Law.
Article 27. Admission of enterprises, institutions and organizations to conduct work related to the use of information constituting a state secret
Admission of enterprises, institutions and organizations to work related to the use of information constituting a state secret, the creation of means of information protection, as well as the implementation of measures and (or) the provision of services for the protection of state secrets, is carried out by obtaining, in the manner established by the Government of the Russian Federation, licenses for work with information of the corresponding level of secrecy.
A license to carry out the specified works is issued on the basis of the results of a special examination of the enterprise, institution and organization and state certification of their managers responsible for the protection of information constituting a state secret, the costs of which are borne by the enterprise, institution, organization receiving the license. A license to carry out works using information constituting a state secret is issued to an enterprise, institution, organization if they meet the following conditions:
compliance with the requirements of regulatory documents approved by the Government of the Russian Federation to ensure the protection of information constituting a state secret in the process of performing works related to the use of the said information;
the presence in their structure of departments for the protection of state secrets and specially trained employees to work on information protection, the number and level of qualification of which are sufficient to ensure the protection of state secrets;
their availability of certified information protection tools.
Article 28. Procedure for certification of information protection tools
Information protection tools must have a certificate certifying their compliance with the requirements for the protection of information of the corresponding level of secrecy.
The organization of certification of information security tools is assigned to the State Technical Commission under the President of the Russian Federation, the Ministry of Security of the Russian Federation, the Federal Agency for Government Communications and Information under the President of the Russian Federation, the Ministry of Defense of the Russian Federation in accordance with the functions assigned to them by the legislation of the Russian Federation.
Certification is carried out on the basis of the requirements of state standards of the Russian Federation and other regulatory documents approved by the Government of the Russian Federation. Coordination of work on organizing the certification of information security tools is assigned to the interdepartmental commission for the protection of state secrets.
SECTION VII. FINANCING OF MEASURES TO PROTECT STATE SECRETS
Article 29. Financing of measures to protect state secrets
Financing of the activities of government bodies, budgetary enterprises, institutions and organizations and their structural divisions in the protection of state secrets is carried out at the expense of the relevant budgets, and other enterprises, institutions and organizations — at the expense of funds received from their main activities when they perform work related to the use of information constituting a state secret.
Funds for financing state programs in the area of protecting state secrets are provided for in a separate line in the federal budget of the Russian Federation.
Control over the expenditure of financial resources allocated for the implementation of measures to protect state secrets is carried out by the heads of state authorities, enterprises, institutions and organizations, customers of the work, as well as representatives of the Ministry of Finance of the Russian Federation specially authorized to do so.
If the implementation of this control is related to access to information constituting a state secret, then the listed persons must have access to information of the corresponding level of secrecy.
SECTION VIII. CONTROL AND SUPERVISION OF ENSURING THE PROTECTION OF STATE SECRETS
Article 30. Parliamentary control
The control of the Supreme Council of the Russian Federation over the implementation of the legislation of the Russian Federation on state secrets and the expenditure of financial resources allocated for this purpose is carried out by the relevant standing commissions of the chambers and committees of the Supreme Council of the Russian Federation.
Government authorities that protect state secrets are obliged to provide the said committees and commissions with the necessary information. The provision of information constituting a state secret by government authorities is carried out in accordance with the legislation of the Russian Federation.
Article 31. Interdepartmental and departmental control
Interdepartmental control over ensuring the protection of state secrets in government bodies, enterprises, institutions and organizations is carried out by federal executive bodies (the Ministry of Security of the Russian Federation, the Ministry of Defense of the Russian Federation, the Federal Agency for Government Communications and Information under the President of the Russian Federation), the Foreign Intelligence Service of the Russian Federation, the State Technical Commission under the President of the Russian Federation and their local bodies, to which this function is assigned by the legislation of the Russian Federation.
Government bodies vested with powers to manage information constituting a state secret in accordance with this Law are obliged to monitor the effectiveness of the protection of this information in all government bodies subordinate and subordinate to them, at enterprises, institutions and organizations that work with them.
Monitoring the protection of state secrets in the offices of the Supreme Council of the Russian Federation, the President of the Russian Federation, and the Government of the Russian Federation shall be organized by their heads.
Monitoring the protection of state secrets in judicial bodies and prosecutorial bodies shall be organized by the heads of these bodies.
Article 32. Prosecutor's supervision
Supervision of compliance with the law in ensuring the protection of state secrets and the legality of decisions taken in this regard shall be carried out by the Prosecutor General of the Russian Federation and prosecutors subordinate to him. Access of persons exercising prosecutorial supervision to information constituting a state secret is carried out in accordance with Article 25 of this Law.
President of the Russian Federation B. YELTSIN
Moscow, House of Soviets of Russia July 21, 1993 N 5485-1