THE CATEGORY “INFORMATION” AS THE BASIS FOR THE DEFINITION OF THE CONCEPT “INVESTIGATIVE SECRET”
Journal Title: Юридичний бюлетень - Year 2018, Vol 7, Issue 2
Abstract
The article reviewed the category of “information” as the basis for the definition “investigative secret”. The semantics of the terms “secrecy”, “secret”, “conspiracy” is revealed. It is emphasized that semantically secrecy is the information that hidden, and conspiracy – the measures taken to preserve it, and fact that the information about the specific measures of conspiracy carried out by the operational units is usually also a secrecy. The historical aspect of the characteristics of such category as “secrecy” is researched. Underlined understanding by modern researchers the public and private sides of the social-legal institution of secrecy and its main features. The components and characteristic features of secrecy are allocated. The semantic, historical and theoretical aspects of the interpretation of such phenomena as “information” and “secrecy” are supplemented by an examples of legislative interpretation of these categories in the modern information and criminal procedural legislation of Ukraine. Reviewed the relevant provisions of the Act of Ukraine such as “Information”, where the category under consideration is classified in terms of content, access procedure, given list of information that can not be attributed to restricted access information; “Protection of Personal Data”, which defines the conditions for restricting access to information; “State Secrets”, which defines this type of secrecy, identifies information that may be classified as state secrets in the field of state security and law enforcement. It was considered that the category “information” is the basis for defining the concept of “investigative secret”; we define that secrecy is information with restricted access, the most important criteria for classification of which are differentiation in terms of content and access.
Authors and Affiliations
Марина Леонідівна Пасечник
Keywords
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