The study concerns the subjective limits of the public subjective right to public information. It attempts to answer the question of the addressee of the claim characterizing this right in the Polish ...legal order from the perspective of constitutional regulations and the provisions of the Act on Access to Public Information. The analysis focuses on the interpretation of the statutory concepts of “public tasks” and “entity performing public tasks” using the method of doctrinal interpretation as necessary in this respect. At the same time, such an understanding of doctrinal interpretation was adopted, according to which it is an interpretation carried out in the process of implementing the law, i.e. in specific circumstances, by the entity implementing this law and made from the point of view of the science of law, i.e. when referring to scientific arguments in the justification of the position and proposed solutions presented. For this reason, the results of the doctrinal interpretation of the terms “public task” and “entity performing public tasks” were also referred to the views presented in the jurisprudence of administrative courts. The analysis led to the conclusion that an “entity performing public tasks” within the meaning of the Act on Access to Public Information can be spoken of when the obligation to act of a specific entity corresponding to the content of the public task is anchored in a legal norm addressed to this entity, and the responsibility for its implementation is borne by the public-law community (state, self-government communities), of which this entity becomes a body in the functional sense. At the same time, this analysis justifies the conclusion that the theoretical constructions of administrative law, apart from their obvious scientific value, also have operational significance, and the need or even necessity to use the method of doctrinal interpretation in the area of this law seems obvious.
Common law approaches to the modern understanding of transparency in the sphere of public administration and judiciary have been considered. On the basis of the models for the definition of this ...concept and its content proposed in the specialized scientific literature, the author's definition of the transparency of criminal justice has been proposed. The circle of elements included in its content has been outlined, which have been also defined. Based on the provisions of the idea of judicial transparency in general, the definition has been formulated and the main features of the concept of criminal justice transparency have been outlined. Transparency of criminal justice is a principle that includes such principles of criminal court activity as transparency, openness, publicity, publicity, access to public information, accountability.
On the basis of the analysis of criminal procedural norms that reveal the content of the principles of publicity and openness, suggestions have been made regarding: 1) increasing the degree of legal certainty of the norms that regulate the procedure for consideration by the investigating judge of a request for the conduct of secret investigative (search) actions; 2) it is necessary to take into account that the list of grounds provided for in Art. 27 of the Criminal Procedure Code of Ukraine, is not exhaustive, and/or to provide for the grounds indicated in this article, or to indicate that other cases provided for by the Criminal Procedure Code of Ukraine are possible. In this regard, it has been proposed to supplement Part 2 of Article 27 of the CPC of Ukraine with paragraph 6 as follows: “When the investigating judge considers the petitions of the investigator, agreed with the prosecutor, or the prosecutor to conduct covert investigative (search) actions, temporary access to things and documents (if there is a real threat of alteration or destruction of things or documents), as well as in case of need to ensure the seizure of property”; 3) the fact that the legislator, when setting out paragraph 1 of Part 2 of Article 27 of the CPC of Ukraine had not taken into account the fact that at the stage of pre-trial investigation the circumstances concerning the minor are also subject to consideration by the court, i.e. the investigating judge. Therefore, in such cases, one should talk about the expediency of protecting the personal interests of the suspect, who is already a minor, and not the accused. On the basis of the above, it has been proposed to set out paragraph 1, part 2 of Art. 27 of the Criminal Procedure Code of Ukraine in the following version: “If the accused or suspect is a minor”.
The concept of telecommunications secret, defined in the Telecommunications Act, has been in use in Polish law for several years. In connection with the entry into force of the European Electronic ...Communications Code, a draft Act on Electronic Communications was prepared, which includes provisions on the secrecy of electronic communications. The subject of the article will be to analyze whether the proposed regulations meet the requirements of the constitutional principle of the protection of confidentiality of communication and what is their relation to the provisions on the protection of personal data.
Introdução: A abertura das bases de dados governamentais pode contribuir positivamente com a democracia, transparência e controle social, pois oportuniza ao cidadão o acesso, reutilização, ...modificação e redistribuição livre das informações não sigilosas dos órgãos públicos. Porém, nem todos os dados de interesse da sociedade se encontram publicados em formatos abertos no presente momento. Esse estudo verifica se os dados referentes aos Institutos Federais de Educação, Ciência e Tecnologia, que são comumente solicitados à Controladoria-Geral da União pela sociedade civil, estão sendo catalogados no Portal Brasileiro de Dados Abertos. Método: Foi conduzida uma pesquisa quantitativa no Portal Brasileiro de Dados Abertos com suporte da técnica de pesquisa documental, o que permitiu analisar os conjuntos de dados publicados pelos Institutos Federais. Criou-se um índice para analisar cada um dos 14 temas coletados, o qual originou um indicador quantitativo utilizado na comparação dos resultados de cada Instituto Federal envolvido na pesquisa. Resultados: Identificou-se que 73,70% dos Institutos Federais catalogaram pelo menos um conjunto de dados no Portal Brasileiro de Dados Abertos. No entanto, verificaram-se contundentemente diversas lacunas na disponibilização de dados abertos por parte dessas instituições, além da baixa aderência à abertura de dados em conformidade às recomendações da Controladoria-Geral da União. Conclusão: Estudos como o realizado neste artigo contribuem para que a Administração Pública, especialmente considerando o contexto dos Institutos Federais, tenham subsídios que indiquem possíveis pontos de melhorias no que tange às demandas da sociedade sobre transparência e governança.
Review of the book entitled "Transparency and autonomous communities: a multilevel perspective", coordinated by Andrés Boix and Jorge Castellanos, published in 2021 by the Tirant Lo Blanch publishing ...house.
Reseña del libro titulado «Transparencia y comunidades autónomas: una perspectiva multinivel», coordinado por Andrés Boix y Jorge Castellanos, publicado en 2021 por la editorial Tirant Lo Blanch.
The Act on access to public information (i.e. Journal of Laws of 2020, item 2176; hereinafter referred to as the Act on Access to Public Information) provides that everyone is entitled, subject to ...Art. 5, the right to access public information, and the person exercising the right to public information may not be required to demonstrate a legal or factual interest. Despite the fact that the Act has been operating in the legal order for nearly 20 years, there are still significant interpretative doubts regarding the basic ones that affect the interpretation, and thus the application of this Act. One of such concepts is used in art. 2 u.d.i.p. the concept of "everyone". In the voted judgment, the Supreme Administrative Court indicated that the Court of first instance interpreted the phrase "everyone" too categorically, assuming that the attribute of a state legal person made it impossible to file a motion for disclosure of public information to an authority. According to the Supreme Administrative Court, u.d.i.p. this type of entities (entities of the public finance sector - own footnote) in each case does not prevent the possibility of submitting a request for disclosure of public information. The question then arises whether against the background of u.d.i.p. "Everyone is everyone", and if not "everyone" is also a unit of the public finance sector. In the author's opinion, the NSA made a wrong assumption, not taking into account all the issues related to the analyzed problem.
Rapid globalization and informatization of everyday processes, mass use of Internet resources and social networks contribute to the uncontrolled spread of disinformation. A general analysis of the ...concept of disinformation was carried out, its various interpretations were considered, and it was highlighted in broad and narrow understandings. The measures implemented by Ukraine to combat this dangerous phenomenon are outlined. Separate characteristics of the concept of “disinformation” are provided. On the example of the Security Service of Ukraine, the peculiarities of citizens' access to information about its activities are considered, the possibility of using mechanisms of access to public information in the context of countering disinformation about the state body is investigated. Thus, the role of timely and high-quality filling of official web resources of authorities, in particular the Security Service of Ukraine, was considered. It has been proven that the sites are official sources of reliable information about the work of state bodies, which is why they most often become the object of cyber attacks. The effectiveness of speeches in the mass media, control over the work of electronic mailboxes, as well as the peculiarities of official publications in social networks were analyzed. An overview of the official pages of the Security Service of Ukraine was carried out, and the information posted there was analyzed. The issue of access to public information through the provision of answers to requests was studied, the list of features of the realization of the right to information in wartime was analyzed. Since operational access to public information (via official websites, social networks) that is of significant public interest and is, in particular, related to the implementation of human rights to life, health, freedom and safety (about accidents, disasters and other extraordinary events, that have happened or may happen and threaten the safety of citizens) is important in wartime conditions, then any restrictions by the state bodies on the constitutional right of citizens to send individual or collective appeals and receive a response are inadmissible. The importance of the research lies in its universality and the possibility of practical use of the analysis results to improve the effectiveness of the work to counter disinformation of other state authorities.
El artículo estudia la aplicación de la ley catalana de transparencia, acceso a la información pública y buen gobierno a las entidades privadas que ejercen funciones públicas o potestades ...administrativas, prestan servicios públicos o perciben fondos públicos para funcionar o para llevar a cabo sus actividades por cualquier título jurídico. Se analiza la obligación que tienen estas entidades de suministrar a la administración responsable la información directamente relacionada con la actividad pública que desarrollan a la luz de la doctrina emanada por la Comisión de Garantía del Derecho de Acceso a la Información Pública de Cataluña (GAIP).
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