State secrets (state secrets) are information whose unauthorized access can harm the interests of the state. Federal Law No. 5485-1 provides a slightly different definition. According to the regulatory act, state-protected information is recognized as state secret in the field of its foreign policy, military, intelligence, operational-search, economic activities, the publication of which may harm the security of the Russian Federation. Given the particular importance of this information, special attention is paid to its protection. Next, we consider the features of securing state secrets.
General information
Most of the information is recorded on special material objects - carriers. It is displayed in the form of images, signals, symbols, processes, technical solutions. Data related to state secrets are also recorded on special media. However, for these material objects a special regime is envisaged - the regime of secrecy. Its legal basis is constituted by the Constitution, the Federal Law (“On Security”, “On State Secrets”), as well as regulatory acts of the Government and the President.
It must be said that Federal Law No. 5485-1 is the first federal law on the protection of state secrets, the procedure for using classified information, liability for violation of confidentiality, etc. All these issues were previously regulated by special by-laws that were not subject to publication because of their secrecy. The adoption of an open regulatory document was another step in the process of building a democratic system and contributed to strengthening the role of the law in the system of administrative and legal regulation.
Signs of state secrets
They can be distinguished on the basis of the definitions given above. First of all, state secrets are important information related to state security.
Secondly, their publication (disclosure) can harm the interests of the country.
Of no small importance is the fact that not all information can be attributed to state secrets, but only those specified in federal law.
The state security system is based on criminal liability measures and other legal mechanisms.
Privacy Features
In accordance with the Law "On state secrets", the protection of information is carried out through the implementation of a special administrative and legal regime. Secrecy is considered the most important means of ensuring state security. At the same time, classification of data is a restriction of the right of citizens to freely search, receive, produce and disseminate information enshrined in Article 27 of the Constitution.
As practice shows, the regime of secrecy can very well be used to strengthen power and infringe on the interests of a democratic society. Simply put, the higher the secrecy, the stronger the bureaucracy. Subjects with unlimited power can manipulate people, hide the true results of their work.
The protection of state secrets in the activities of the state apparatus is a key area. The implementation of the secrecy regime involves the fulfillment of requirements that are mandatory both on the territory of the Russian Federation and beyond its borders by all subjects of administrative law. Among them are not only local and state authorities, but also enterprises, institutions, organizations of any form of ownership, citizens and officials who have committed themselves to protect state secrets.
Rules and Exceptions
Like any other activity of executive structures, state secrets protection and secrecy must be effective. This work should be based on the principles of legality, efficiency and expediency. The key elements of the regime of secrecy are the rules of classification, state secrets and declassification.
Information in the sphere of state defense and security, foreign policy, research and design, economics, on technologies of economic or defense importance, intelligence, operational-search, counter-intelligence activities may be classified and classified as state secrets .
However, the law provides for a number of exceptions. The privacy regime does not apply to information about:
- catastrophes, natural disasters and emergencies that pose a threat to the health and safety of the population, their consequences;
- the state of health care, demography, ecology, sanitation, culture, education, crime, agriculture;
- privileges, privileges, compensations provided by the legislation for citizens, officials, enterprises, organizations, institutions;
- facts of infringement of interests, violation of freedoms, human and citizen rights, legality by state authorities and their employees;
- the amount of gold reserves and foreign exchange reserves of the country;
- state of health of persons in the highest state posts.
The secretion of such information entails liability in accordance with applicable law.
General rules of classification
State secrets are protected by establishing restrictions on the distribution of information and access to its media. The law provides for three levels of secrecy. Each of them corresponds to special vultures. They are called requisites, which are affixed directly on the information carrier or in accompanying documents to it. Vultures of "special importance", "secret" and "top secret" are currently used.
The level of secrecy is selected depending on the damage that may occur in case of violation of data confidentiality. The procedure for establishing vultures is approved by the Government of the Russian Federation.
State secrets are protected by officials, the list of which was approved by the President in 1997. It contains employees of several federal ministries: the Ministry of Internal Affairs, the Ministry of Foreign Affairs, etc. The head of the Administration of the Head of State and the head of the Special Presidential Programs are also authorized to approve the list. In January 1999, amendments were made to the document. Officials from the Ministry of Justice, the Ministry of Commerce and the heads of some special units were added to the list.
The protection of state secrets, in its essence, is the most complicated work requiring an integrated approach. Government agencies, whose leaders have the authority to keep information secret, should develop detailed lists of data subject to confidentiality. Classification is carried out in case of compliance with the lists approved by the Government. The appropriate authorized person (a specialist in the protection of state secrets, for example) is sent a proposal to introduce a confidentiality regime. He examines it and decides on the appropriateness of secrecy and establishes the degree of secrecy.
When making a decision, an official, among other things, must take into account the real possibility of maintaining data confidentiality. Equally important is the economic feasibility of classification. In other words, the cost of maintaining confidentiality must be consistent with the benefits of this. The degree of influence of classification on economic and foreign policy relations should also be assessed.
Organizational support
It involves the formation of bodies, departments, structural units, constantly and professionally carrying out activities to protect information subject to classification. In Russia, the Interdepartmental Commission for the Protection of State Secrets, the Federal Agency for Government Information and Communications, the Foreign Intelligence Service, the Courier Service, the State Technical Commission and other administrative departments and executive structures have already been created.
Organizations form special units authorized to ensure compliance with the secrecy regime. The head is responsible for protecting state secrets at the enterprise.
Admission system
This is the second essential component of state secrets protection.
The admission of citizens and officials to classified information is carried out in the manner of permitting proceedings. The interested entity sends the application to the authorized body, attaching the necessary documents to it. The competent authority checks the securities. The applicant may be refused if there is a criminal record for a serious offense, medical contraindications, in case of permanent residence of a person or his relatives abroad and for other reasons provided by law.
Admission of persons with dual citizenship, stateless, foreigners, emigrants, re-emigrants is made in an exceptional manner established by the Government.
The admission of organizations, enterprises, institutions to carry out activities related to the use of classified information, to carry out activities or to provide services for the protection of state secrets is carried out by issuing an appropriate license to them. This document should reflect the list of data, the use of which is permitted, and the degree of their secrecy.
Admission may be prohibited or suspended if an entity licensed to protect state secrets evades audits or reports deliberately false information to regulatory authorities.
The content of the powers of entities working with classified data
Persons who have gained access to state secrets become owners of a special administrative and legal status. It involves a number of rights and obligations.
Upon receiving admission, citizens accept the obligation not to disseminate information entrusted to them. The legislation also provides that authorized persons give their consent (in writing) to conduct checks against them. The admission also involves the determination of the size, types and rules for the provision of benefits and compensations, familiarization with the legislative norms governing the use of classified data and securing responsibility for their disclosure.
Persons who have been admitted are temporarily, partially limited in their right to travel outside the Russian Federation.
Secret Data Bonuses
In each authority, at each enterprise, in institutions and organizations that are subjects of administrative law, special departments for the protection of state secrets are formed. Their employees, admitted to classified information on an ongoing basis, are paid a monthly bonus to the salary (rate). Its size varies depending on the level of data privacy. It can be 10%, 20% or 25%. Employees of structural units that are part of the state security service can count on a bonus of:
- 5% - with 1-5 years of service;
- 10% - 5-10 years;
- 15% - with an experience of more than 10 liters.
The premium is also calculated monthly.
Cessation of Admission
The grounds for this are provided for in federal law. Access of a citizen, official to classified information is terminated by decision of the Interdepartmental Commission for the Protection of State Secrets, the head of another authorized body of state power, the head of an enterprise, organization, institution in connection with the implementation of organizational and staffing activities (reduction, liquidation, etc.), as well as in the case of identify a one-time violation of obligations to comply with the established regime of secrecy. At the same time, the employment contract may be terminated with the person. Termination of employment with a citizen, however, does not relieve him of the obligation to maintain the confidentiality of the information entrusted to him.
Disputes related to state secrets, according to the current Code of Civil Procedure, are considered by the courts of the constituent entities of the Russian Federation.
Special rules
A simplified procedure for obtaining access to state secrets is provided for members of the Federation Council, State Duma deputies, judges (for the duration of their duties), as well as lawyers involved in criminal cases involving the use of classified data. All these persons are warned of responsibility for the disclosure of state secrets on receipt.
The provision of classified information by one organization to another, as well as to foreign countries, is carried out exclusively with the permission of the competent state authority.
An additional mechanism for ensuring the protection of information (state secrets) is the establishment of a special mode of meetings, in which the relevant data are used. In addition, various technical means of transmitting, storing, encrypting information are used.
Declassification
It involves the removal of restrictions on the dissemination of information and access to their media. Typically, declassification (as, in fact, classified) is carried out by decision of the competent authorities (the Interagency Commission for the Protection of State Secrets, for example) and officials who have established the security classification.
According to general rules, the classification period cannot be more than 30 years. Hosts of state secrets are declassified no later than the deadlines set by the establishment of confidentiality. In exceptional situations, the declassification period is extended by appropriate decision.
It should be said that information about operational, intelligence and other similar activities should always remain confidential.
Legislation allows for early declassification. Such a need may be caused by some international obligations of the Russian Federation, a change in objective circumstances, and therefore the subsequent preservation of data confidentiality becomes inappropriate. The legislation provides for the obligation of state authorities, the leadership of which is empowered to classify certain information as state secrets, periodically, at least once every 5 years, to review existing lists of data subject to classification, in terms of their validity and compliance with the established degree of secrecy.
Heads of organizations, enterprises, and government agencies can declassify information ahead of schedule if they discover that subordinates have unreasonably classified it.
Advanced training for the protection of state secrets
At the state level, a special training program has been developed and is being implemented. It is compiled in accordance with the requirements of the Federal Law No. 5485-1, 149, 273 and 24. The curriculum contains requirements for the development results, structure, and conditions for its implementation. She was approved by the head of the Department of State Policy in Education of the Ministry of Education and Science of the Russian Federation in 2005.
Requirements for the results of mastering the course "Secrets of State Protection" are based on the requirements provided for professionals engaged in professional activities to protect information classified as state secrets. The competent authorities evaluate the skills acquired in the learning process, the amount of knowledge and practical experience of students.
The structure and content of the program are made in the form of a curriculum and curriculum, programs in academic disciplines. The first one contains a list of subjects indicating the time allotted for their development, including during practical exercises. The program of a particular discipline reflects its content, taking into account the requirements established by federal law.
Features of the organization of the learning process
Protection of state secrets should be carried out by qualified specialists. In this regard, the organization of the educational process is given increased attention. Training on the protection of state secrets is carried out in groups of up to 20 people.
Employees who have arrived to study are required to have an order and a certificate of admission to classified information. Accounting for their attendance, academic performance, as well as topics covered is carried out in the relevant documentation.
The duration of the training hour of practical and theoretical classes is 120 minutes. (2 academic hours). Classes are held in specialized classrooms.
At the end of the course "Protection of the State of Secrets", an exam is held. It is accepted by a special certification commission. Its composition is determined and approved by the head of the educational organization.
The exam is held using tickets. They are compiled by the educational organization independently and approved by its head. Certification results are reflected in the protocol. According to the results of the exam, specialists are issued certificates of training.
Course structure
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The protection of the interests and rights of citizens, authorities, institutions, enterprises, organizations in the field of the Federal Law No. 5485-1 is carried out in a judicial or other procedure provided for by the norms of Russian law.
Features of issuing a license
As mentioned above, the admission of organizations, institutions, enterprises to the implementation of work related to the use of information classified as state secrets, the creation of data protection and protection tools, the implementation of measures or the provision of services in the field of securing classified data is carried out by them by obtaining a special permit document in the procedure approved by the Government of the Russian Federation.
The basis for the license is the results of a special examination of the facilities and state certification of managers responsible for the protection of classified information. The costs of verification activities are covered by the funds of the organization, institution or enterprise.
The issuance of a license to carry out work related to the use of classified information is carried out under a number of conditions. In particular, an enterprise, organization or institution must comply with the requirements of regulatory acts of the Government to ensure the protection of information classified as state secrets during its activities. In the structure of these entities, special units should be formed that are responsible for the protection of classified data. Moreover, each of them must have employees whose numbers and qualifications are sufficient to comply with the requirements of the Federal Law No. 5485-1 and other regulatory acts. In addition, the enterprise, organization, institution must have certified means of information protection.
Certification Rules
A document is issued for each information security tool confirming compliance with the information protection requirements of a specific degree of secrecy.
The organization of the certification procedure falls within the competence of federal executive structures authorized to implement functions in the areas of technical data protection and counteraction to technical intelligence, ensuring state security and defense. Their activities are coordinated by the Interdepartmental Commission to ensure the protection of classified information.
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.
Conclusion
Information classified as state secrets in accordance with the current legislation is extremely important for ensuring the normal operation of all public and state institutions. The disclosure of such information can lead to the most serious consequences for the country. In this regard, persons who are granted access to state secrets are thoroughly tested. They have a huge responsibility to the country.