Legal Basis for Ensuring Freedom of Access to Information on the Operation of State Administration Bodies in Kazakhstan
Abstract
The paper deals with legal basis for ensuring freedom of access to information on the operation of state administration bodies in Kazakhstan. The notion, essence and content of citizen’s constitutional right to information are analyzed. The issues of enforcement of the citizen’s right to freely obtain information on the operation of state administration bodies, the forms and method of enforcement are covered in detail.
The paper provides a scientific basis for the need for defining criteria to differentiate the legal component, content, and conceptual framework used in the field of affording legal access to information; the author’s interpretation of individual terms is proposed. An analysis of legal ideas, principles, regulations, as well as provisions of the applicable legislation of Kazakhstan, which regulate public relations, ensuring freedom of access to information on the operation of state administration bodies, is carried out. The content and internal structure of the citizens’ legal claims for free access to information is revealed.
The introduction of the findings and recommendations will allow increasing the democratization level of the state management and Kazakhstan society as a whole, as well as increasing efficiency of operation of many state bodies and non-governmental organizations involved in the area of citizens’ legal access to information on the operation of state bodies, will increase the quality of statutes in force.
References
[2] Andrejevic, M. 2007. iSpy: Surveillance and power in the interactive era. University Press of Kansas.
[3] Armstrong, E. 2005. Integrity, transparency and accountability in public administration: Recent trends, regional and international developments and emerging issues. United Nations, Department of Economic and Social Affairs.
[4] Aucoin, P. 1990. Administrative reform in public management: paradigms, principles, paradoxes and pendulums. Governance, 3(2): 115-37.
[5] Banisar, D. 2004. The Freedominfo.org Global Survey: freedom of information and access to government record laws around the world. Privacy International.
[6] Baynova, M.S. 2016. Concept of the state and the system of public administration. Materials of the Afanasiev Readings, 1(14): 49-55.
[7] Bugaric, B. 2004. Openness and transparency in public administration: challenges for public law. Wis. Int'l LJ 22: 483.
[8] Coliver, S. 1999. Secrecy and liberty: national security, freedom of expression and access to information. Martinus Nijhoff Publishers.
[9] Curtin Deirdre, M. 2000. Citizens' fundamental right of access to EU information: an evolving digital passepartout. Common Market L. Rev., 37: 7.
[10] Danziger, J.N., and Andersen, K.V. 2002. The impacts of information technology on public administration: an analysis of empirical research from the ‘Golden Age’ of transformation. International Journal of Public Administration, 25(5): 591-627.
[11] Emerson, T.I. 1976. Legal foundations of the right to know. Wash. ULQ.
[12] Geyer, F. 2008. Taking stock: databases and systems of information exchange in the area of freedom, security and justice. CEPS.
[13] Hill, M., and Hupe, P. 2002. Implementing public policy: Governance in theory and in practice. Sage.
[14] McIvor, R., McHugh, M., and Cadden, C. 2002. Internet technologies: supporting transparency in the public sector. International Journal of Public Sector Management, 15(3): 170-87.
[15] Mendel, T. 2003. Freedom of information as an internationally protected human right. Comparative Media Law Journal, 1(1): 39-70.
[16] Reichard, C. 1998. The impact of performance management on transparency and accountability in the public sector. Ethics and accountability in a context of governance and new public management, 7: 123-37.
[17] Roberts, A. 2001. Structural pluralism and the right to information. The University of Toronto Law Journal 51(3): 243-71.
[18] Stirton, L., and Lodge, M. 2001. Transparency mechanisms: Building publicness into public services. Journal of Law and Society, 28(4): 471-89.
[19] Urzha, O.A. 2012. Modernization of municipal reform as a factor in improving the efficiency of public administration. Materials of the Afanasiev Readings, 1(10): 14-20.
[20] Waldo, D. 2006. The administrative state: A study of the political theory of American public administration. Transaction Publishers.
[21] Wall, S. 1975. Government Information and the Rights of Citizens. Michigan Law Review, 73: 971.
[22] West, D.M. 2005. Digital government: Technology and public sector performance. Princeton University Press.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.