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Freedom of speech is one of the main values
in a democratic society as it allows citizens to learn absolutely different
opinions about important topics for people and the State.
Moreover, independent Mass media do not allow careless officials feel
themselves free in their actions as they cover officials' activity in
the press and attract rapt attention. That is why in many "developing"
countries independent mass media are considered as opponents to the existing
regime, that put obstacles on the way of formation of public opinion in
a necessary manner.
Kherson City association of journalists Pivdenconstantly monitors 11 most
widely distributed publications of the region and discover facts of violation
of the right for freedom of speech. Within the last three months 10 times
journalists of different media wrote about limitation of the right to
access information.
According to the publications of the mass media, our officials do not
use many different methods to conceal information: when they receive an
"inconvenient" request they either play silent game or switch
to the "long business trip" mode. Officials also answer journalists
that they can not provide any information and redirect journalists to
the press center. But according to our legislation a person has the right
to choose in which form and where he wants to receive information (oral
or written). And it is the official's duty to provide this information.
In relation to this, I should remind our officials, journalists and simple
citizens that according to the legislation, State officials who ignore
demands of citizens to provide information can be called to court and
their actions can violate the law of Ukraine "About fighting with
corruption". Thus, if the State official refuses to provide information
and the court approves the claim, this official will be liable for a fine
(from 255UAH to 425 UAH) and if this same official violates this same
law once again in this year, than the fine can be more (from 425UAH to
850UAH) and the official can be fired.
But fines and discharge form office, foreseen by the law of Ukraine "About
fighting with corruption" are not as severe as criminal responsibility
under article 171 of the law of Criminal Codex of Ukraine "Hindering
legal actions of journalists". Punishment starts with a fine (up
to 850UAH) and goes to imprisonment up to 3 years.
Aleksandr Burmagin
Lawyer at the Charity and Health Foundation
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