What is the protection of state secrets. Information Security. Section iii. classification of information as state secrets and their classification

state secret- this is information, information, unauthorized access to which may harm the interests of the country, the state. The Law “On State Secrets” provides the following definition: “state secrets are information protected by the state in the field of its military, foreign policy, economic, intelligence and operational-search activities, the dissemination of which may harm the security of the Russian Federation.”

Information is closely connected with its carriers - material objects in which information constituting a state secret is reflected in the form of symbols, images, signals, technical solutions and processes.

The legal basis for the regime of secrecy is the Constitution, laws Russian Federation“On Security”, “On State Secrets”, as well as acts of the President and the Government adopted on the basis of the last law*. It should be noted that the Law "On State Secrets" is the first in Russian history act of this level on this issue. Previously, these issues were resolved by by-laws, which, moreover, were secret and were not published. The adoption of an open legal act on this issue, which, moreover, has the highest legal force, is another stroke in the development of Russian democracy, in enhancing the role of law in administrative and legal regulation.

We can name the following signs of state secrets:

1) this is very important information;

2) their disclosure may cause damage to public interests;

3) the list of information that can be classified as a state secret is fixed by federal law;

4) it is protected by measures of criminal liability (Articles 275, 276, 283 of the Criminal Code of the Russian Federation) and other coercive means;

5) for its protection, a special administrative-legal regime has been created - the regime of secrecy.

Secrecy is an important means of ensuring state security. On the other hand, the classification of information is a limitation of the Constitution enshrined in Art. 27 of the right of citizens "to freely seek, receive, produce and disseminate information in any legal way."

Practice teaches that secrecy can be used to limit democratic institutions, to strengthen the power of the state apparatus. Classification is a favorite "delicacy" of the bureaucracy: the more secrecy, the greater the power of officials. Using secrecy, the bureaucracy can manipulate the broad masses, hide the true results of its activities, its mistakes and crimes, limit or even prevent control over those in power. Any unjustified extension of the regime of secrecy strengthens the power of the apparatus and limits democracy. Therefore, the regime of secrecy is the front line of the struggle between democracy and totalitarianism, and its real state reflects the results of this struggle.

The regime of secrecy is permanent, nationwide. Its requirements are binding on the territory of the Russian Federation and beyond its borders by authorities, local governments, enterprises and organizations, regardless of their organizational and legal form and form of ownership, officials and citizens of Russia who have assumed obligations or are obliged by their status to fulfill the requirements state secret laws.

Like all other activities of the executive branch, activities to ensure secrecy must be effective: based on the principles of expediency, legality, and efficiency.

The main elements of the regime of secrecy: the rules of classification, protection of state secrets, declassification*.

The information in the military field, foreign policy, economy, research and design work, technologies of great defense or economic importance, on intelligence, counterintelligence, operational-search activities.

Information about:

Emergencies and disasters that threaten the safety and health of citizens, and their consequences, as well as natural disasters;

The state of ecology, health, sanitation, demography, education, culture, agriculture, crime;

Privileges, compensations and benefits provided by the state to citizens, officials, enterprises, institutions and organizations;

Facts of violation of the rights and freedoms of man and citizen, violation of the law by public authorities and their officials;

The size of the gold reserves and state foreign exchange reserves of the Russian Federation;

The state of health of senior officials of Russia.

Officials who classify such information may be held liable, and citizens have the right to appeal such acts to the court.

The classification of information and its carriers consists in establishing restrictions on their distribution and on access to their carriers. Installed three levels of secrecy and the corresponding stamps (details) affixed on the carrier itself and (or) in the accompanying document to it: “of special importance”, “top secret” and “secret”. The degree of secrecy of information constituting a state secret must correspond to the amount of damage that may be caused to the security of the country in the event of their dissemination. The rules for attributing information to a particular degree of secrecy are established by the Government of the Russian Federation.

The President approves the List of officials empowered to classify information as a state secret. Jar Russia, etc.), as well as the head of the Presidential Administration, the head of the Main Directorate for Special Programs of the President. By order of January 23, 1999, the ministers of trade, justice and a number of heads of state committees were also included in this list.)

State bodies, whose heads are empowered to classify information, develop detailed lists of information to be classified. The basis for classification is the correspondence of information to the lists of information to be classified. Proposals for classification are sent to the authorized official, he decides on the need to do this and the degree of secrecy. When classifying, among other circumstances, it is necessary to take into account the real possibility of maintaining the secret and economic feasibility (correspondence of the costs of ensuring secrecy and the benefits of this, the impact of secrecy on economic relations, etc.).

The protection of state secrets primarily involves organizational support: the creation of departments, bodies, structural units that are constantly and professionally involved in this matter. In other words, organizational support is needed. It is represented by the Interdepartmental Commission for the Protection of State Secrets, the Federal Security Service. the Federal Agency for Government Communications and Information, the courier communications service, the Foreign Intelligence Service, the State Technical Commission and other administrative departments and executive bodies state power.

And in organizations, enterprises, institutions, special divisions have been created to ensure secrecy (in the past they were most often called the first departments). Responsibility for organizing the protection of state secrets by a body, enterprise, institution rests with its head.

The second component of protection is the system of admission of officials, citizens, organizations to state secrets. The admission of enterprises, institutions and organizations to carry out work related to the use of information constituting a state secret, the creation of means of protecting information, as well as the implementation of measures and (or) the provision of services for its protection, is carried out by obtaining by them in in due course licenses to carry out work with information of an appropriate degree of secrecy.

The admission of officials and citizens of Russia to state secrets is carried out in the manner of permit proceedings. Interested parties submit applications to the competent authorities, attaching the necessary documents to them. Authoritative subjects check whether there are grounds for refusal (presence of a conviction for a serious crime, medical contraindications, permanent residence of the applicant or his close relatives abroad, etc.). The admission of persons with dual citizenship, stateless persons, as well as persons from among foreign citizens, emigrants and re-emigrants to state secrets is carried out in an exclusively permissive manner established by the Government of the Russian Federation.

Admission is not allowed if a person evades verification activities, reports deliberately false personal data. Taking into account the results of the verification activities, the head of the organization decides on admission or refusal. With a positive decision, one of the three forms of admission is determined, corresponding to three degrees of secrecy.

Persons admitted to state secrets become carriers of a special administrative and legal status, which includes a number of special duties and rights. The admission presupposes, in particular, the assumption by citizens of obligations to non-dissemination of information entrusted to them, constituting a state secret; written consent to the conduct of verification activities in relation to them by the authorized bodies; determination of the types, amounts and procedure for granting benefits, familiarization with the norms of the legislation of the Russian Federation on state secrets, which provide for liability for its violation.

Admission is associated with the consent of a person to a partial, temporary restriction of the right to travel abroad.

For work with information constituting a state secret, persons admitted to it on a permanent basis receive a monthly percentage bonus to their official salary (tariff rate) depending on the degree of secrecy of information (respectively 25, 20 and 10 percent). And the employees of structural divisions for the protection of state secrets receive a monthly allowance for the length of service in these divisions in the amount of:

5% - with work experience from 1 to 5 years;

10 /o - with work experience from 5 to 10 years;

15 /o - with work experience over 10 years *.

The admission of an official, a citizen to state secrets may be terminated by decision of the head of a state authority, enterprise, institution or organization in connection with organizational and staffing measures (downsizing, liquidation, organization, etc.), as well as even for a single violation by a person of his obligations to maintain secrecy.

Termination of admission is an additional reason for terminating an employment contract (contract) with a citizen, but does not relieve him of his obligations to not disclose information.

In accordance with Art. 114, 115, 119 of the Code of Civil Procedure of the RSFSR, claims related to state secrets are considered by the courts of the subjects of the Federation.

Members of the Federation Council, deputies of the State Duma, judges for the period of exercise of their powers, as well as lawyers participating as defenders in criminal proceedings in cases related to information constituting the state secret. These persons are warned about non-disclosure of state secrets that became known to them in connection with the exercise of their powers, and about bringing them to justice in case of its disclosure, about which they are deprived of the appropriate receipt.

The transfer of secret information from one organization to another, to other states (i.e., the disposal of information constituting a state secret) is carried out only with the permission of the competent state authority. To ensure the regime of secrecy, rules have been established for holding meetings at which information constituting a state secret is used.

In this case, various technical means of encryption, transmission, and storage of data are widely used. Transportation of its carriers is provided by the Federal Courier Service. The bodies of the Federal Security Service are entrusted with the obligation to exercise control over ensuring the safety of information constituting a state secret in state bodies, military formations, enterprises and institutions, regardless of the form of ownership.

declassification information and their carriers - the removal of previously imposed restrictions on the dissemination of information and access to its carriers. As a rule, it, like classification, is carried out in an administrative manner, by decision of those officials who have recognized that the information is classified as a state secret.

As a general rule, the period of classification should not exceed thirty years, and carriers of state secrets are declassified no later than the deadlines established during their classification. In exceptional cases, the declassification period may be extended by a special decision.

It should be noted that some information: about operational-search, intelligence activities, etc. should never be declassified.

Declassification may be carried out ahead of time. First, in connection with Russia's international obligations. Secondly, due to changes in objective circumstances, as a result of which further protection of information constituting a state secret is inappropriate. The law obliges state authorities, whose heads are empowered to classify information as state secrets, periodically, but not less than every 5 years, review the content of the current lists of information to be classified, in terms of the validity of classifying information and their compliance with the previously established degree of secrecy.

Early declassification can be carried out by the heads of public authorities, enterprises, organizations, if they establish that their subordinates have unreasonably classified information carriers. Citizens have the right to apply with requests for declassification to archives and other organizations. In addition, the validity of classifying information as a state secret can be appealed to the court. Information can be declassified at the request of a citizen or on the basis of a court decision.

Section VI. PROTECTION OF STATE SECRET

Article 20. Bodies for the protection of state secrets

The authorities for the protection of state secrets include:

interdepartmental commission for the protection of state secrets;

the federal executive body authorized in the field of security, the federal executive body authorized in the field of defense, the federal executive body authorized in the field of foreign intelligence, the federal executive body authorized in the field of countering technical intelligence and technical protection of information, and their territorial authorities;

public authorities, enterprises, institutions and organizations and their structural units for the protection of state secrets.

The Interdepartmental Commission for the Protection of State Secrets is a collegial body coordinating the activities of state authorities for the protection of state secrets in the interests of developing and implementing state programs, regulatory and methodological documents that ensure the implementation of the legislation of the Russian Federation on state secrets. The functions of the interdepartmental commission for the protection of state secrets and its supra-departmental powers are implemented in accordance with the Regulations on the interdepartmental commission for the protection of state secrets, approved by the President of the Russian Federation.

The federal executive body authorized in the field of security, the federal executive body authorized in the field of defense, the federal executive body authorized in the field of foreign intelligence, the federal executive body authorized in the field of countering technical intelligence and technical protection of information, and their territorial bodies organize and ensure the protection of state secrets in accordance with the functions assigned to them by the legislation of the Russian Federation.

(Part three as amended by Federal Law No. 58-FZ of June 29, 2004)

State authorities, enterprises, institutions and organizations ensure the protection of information constituting a state secret in accordance with the tasks assigned to them and within their competence. Responsibility for organizing the protection of information constituting a state secret in state authorities, enterprises, institutions and organizations rests with their heads. Depending on the amount of work using information constituting a state secret, the heads of state authorities, enterprises, institutions and organizations create structural units for the protection of state secrets, whose functions are determined by the above heads in accordance with the regulations approved by the Government of the Russian Federation, and taking into account the specifics of the work they carry out.

The protection of state secrets is the main activity of a public authority, enterprise, institution or organization.

Article 21. Admission of officials and citizens to state secrets

The admission of officials and citizens of the Russian Federation to state secrets is carried out on a voluntary basis.

The admission of persons with dual citizenship, stateless persons, as well as persons from among foreign citizens, emigrants and re-emigrants to state secrets is carried out in the manner established by the Government of the Russian Federation.

The admission of officials and citizens to state secrets provides for:

assuming obligations to the state for non-dissemination of information entrusted to them, constituting a state secret;

consent to partial, temporary restrictions on their rights in accordance with Article 24 of this Law;

written consent to conduct verification activities in relation to them by the authorized bodies;

determination of the types, amounts and procedure for the provision of social guarantees provided for by this Law;

familiarization with the norms of the legislation of the Russian Federation on state secrets, providing for liability for its violation;

adoption of a decision by the head of a state authority, enterprise, institution or organization on the admission of a person being registered to information constituting a state secret.

The scope of verification activities depends on the degree of secrecy of information to which the person being registered will be allowed. Verification activities are carried out in accordance with the legislation of the Russian Federation. The purpose of conducting verification activities is to identify the grounds provided for in Article 22 of this Law.

For officials and citizens admitted to state secrets on a permanent basis, the following social guarantees are established:

(as amended by Federal Law No. 122-FZ of 22.08.2004)

interest surcharges on wages depending on the degree of secrecy of the information to which they have access;

preemptive right, ceteris paribus, to stay at work when public authorities, enterprises, institutions and organizations carry out organizational and (or) staff activities.

For employees of structural units for the protection of state secrets, in addition to the social guarantees established for officials and citizens admitted to state secrets on a permanent basis, a percentage bonus is established to wages for the length of service in these structural units.

(as amended by Federal Law No. 122-FZ of 22.08.2004)

Mutual obligations of the administration and the registered person are reflected in the employment contract (contract). The conclusion of an employment contract (contract) before the end of the inspection by the competent authorities is not allowed.

Three forms of access to state secrets for officials and citizens are established, corresponding to three degrees of secrecy of information constituting a state secret: to information of particular importance, top secret or secret. The fact that officials and citizens have access to information of a higher degree of secrecy is the basis for their access to information of a lower degree of secrecy.

The terms, circumstances and procedure for reissuing citizens' access to state secrets are established by regulatory documents approved by the Government of the Russian Federation.

The procedure for admitting officials and citizens to state secrets in the conditions of a declared state of emergency may be changed by the President of the Russian Federation.

Article 21.1. Special procedure for access to state secrets

(introduced federal law dated 06.10.1997 N 131-FZ)

Members of the Federation Council, deputies of the State Duma, judges for the period of exercising their powers, as well as lawyers participating as defenders in criminal proceedings in cases related to information constituting a state secret, are allowed to access information constituting a state secret without carrying out verification measures provided for in Article 21 of this Law.

These persons are warned about non-disclosure of state secrets that became known to them in connection with the exercise of their powers, and about bringing them to justice in case of its disclosure, about which they are deprived of the appropriate receipt.

The safety of state secrets in such cases is guaranteed by establishing the responsibility of these persons by federal law.

Article 22

The grounds for denying an official or a citizen access to state secrets may be:

recognition by a court of incompetent, limited capacity or a recidivist, being on trial or investigation for state and other grave crimes, having an unexpunged conviction for these crimes;

(as amended by Federal Law No. 131-FZ of 06.10.1997)

the presence of medical contraindications for him to work using information constituting a state secret, according to the list approved by the federal executive body authorized in the field of health and social development;

(as amended by Federal Law No. 58-FZ of June 29, 2004)

permanent residence of himself and (or) his close relatives abroad and (or) registration by the said persons of documents for leaving for permanent residence in other states;

as a result of verification measures, the actions of the person being registered that pose a threat to the security of the Russian Federation are revealed;

his evasion from verification activities and (or) the communication of knowingly false personal data to them.

The decision to deny an official or citizen access to state secrets is made by the head of a state authority, enterprise, institution or organization on an individual basis, taking into account the results of verification activities. A citizen has the right to appeal this decision to a higher organization or to a court.

Article 23

Tolerance official or a citizen to state secrets may be terminated by decision of the head of a state authority, enterprise, institution or organization in the following cases:

termination of an employment agreement (contract) with him in connection with the implementation of organizational and (or) staff events;

a single violation by him of his obligations under the employment contract (contract) related to the protection of state secrets;

the occurrence of circumstances that, in accordance with Article 22 of this Law, are grounds for refusing to allow an official or citizen access to state secrets.

Termination of access of an official or citizen to state secrets is an additional basis for terminating an employment agreement (contract) with him, if such conditions are provided for in the employment agreement (contract).

Termination of access to state secrets does not release an official or citizen from their obligations to not disclose information constituting a state secret.

The decision of the administration to terminate the access of an official or citizen to state secrets and to terminate the employment agreement (contract) with him on the basis of this may be appealed to a higher organization or to a court.

Article 24

An official or citizen admitted or previously admitted to state secrets may be temporarily restricted in their rights. Restrictions may apply to:

the right to travel abroad for a period specified in the employment agreement (contract) when registering a citizen's access to state secrets;

the right to disseminate information constituting a state secret and to use discoveries and inventions containing such information;

the right to privacy during verification activities during the period of registration of access to state secrets.

Article 25

The organization of an official's or citizen's access to information constituting a state secret is assigned to the head of the relevant state authority, enterprise, institution or organization, as well as to their structural subdivisions for the protection of state secrets. The procedure for access by an official or a citizen to information constituting a state secret is established by regulatory documents approved by the Government of the Russian Federation.

IN modern world information is regarded as one of the most valuable products of human life, and the information resources and technologies available to the state determine its strategic potential and influence in the world. As a result, the security of the state, its socio-political institutions, organizations and citizens currently includes information security as a mandatory component. An important element information resources is a state secret, classified under the terms of the legal regime as documented information of limited distribution.

Secrets are an integral part public life, part of the legal system and can even serve as a kind of measure for determining the type of political regime in the state, because the state of protecting secrets reflects the nature of the relationship between society and the state, the democratization of state power. Thus, any totalitarian state is characterized by hypertrophy of secrecy, an excessive expansion of the volume of information classified as state and official secrets: the general spirit of bureaucracy is a secret. A democratic state is characterized by an emphasis on the protection of human rights - in-depth legal regulation of relations related to the protection of personal and family secrets and related institutions of professional secrets (naturally, a democratic state assumes citizens' law-abiding, knowledge and strict observance current legal regulations).

State means of influencing information processes is the most important political condition for ensuring human rights and rationalizing the use of information resources in society. The system of protection of secrets is the strongest link in the state mediation of public relations in the information sphere. Information constituting a state secret is of particular importance for society and the state. Due to the magnitude of the possible damage from its disclosure, the state secret occupies a priority place in the system of the social institution of secrets. The state secret protection regime is the most important element of the public administration system.

The legal institution of state secrets is an institution recognized by all countries for regulating information public relations. State secrecy exists to some extent in all developed democracies of the world. All this is quite understandable and logical, since information, on the one hand, is an object of people's relations, and on the other hand, it is a resource: a resource of management, decision-making. Therefore, as a real threat to their security, states are considering a potentially possible leak of protected information abroad.

The legal institution of state secrets has three components:

  • information classified as a certain type of secret, as well as the principles and criteria by which information is classified as a secret;
  • secrecy (confidentiality) mode - a mechanism for restricting access to the specified information, i.e. the mechanism of their protection;
  • sanctions for illegal receipt and (or) dissemination of this information.

The concept of state secrets is one of the most important in the system of protecting state secrets in any country. The policy of the country's leadership in the field of protecting secrets also depends on its correct definition.

The definition of this concept is given in the Law of the Russian Federation “On State Secrets”: “State secret is information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may harm the security of the Russian Federation ". This definition discloses the categories of information that are protected by the state, and indicates that the dissemination of this information may be detrimental to the interests of state security.

The state secret protection system is a combination of state secret protection agencies, the means and methods used by them to protect information constituting state secrets and their carriers, as well as activities carried out for these purposes. Three forms of access to state secrets for officials and citizens are established, corresponding to three degrees of secrecy: information of particular importance, top secret and secret. The legislation of the Russian Federation on state secrets and information protection is based on the Constitution of the Russian Federation, the federal laws of the Russian Federation “On State Secrets”, “On Information, Informatization and Information Protection”, the Law of the Russian Federation “On Security”, regulations yakh other acts of Russian legislation.

Officials and citizens guilty of violating the laws of the Russian Federation on state secrets and protection of information bear criminal, administrative, civil or disciplinary liability in accordance with applicable law.

The model for determining state secrets usually includes the following essential features:

  1. objects, phenomena, events, areas of activity constituting a state secret;
  2. the adversary (given or potential), from which the protection of state secrets is mainly carried out;
  3. an indication in the law, list, instructions of information constituting a state secret;
  4. damage to defense, foreign policy, economy, scientific and technological progress of the country, etc. in case of disclosure (leakage) of information constituting a state secret.

For comparison, here are brief definitions of the concept of state secrets given by experts from other countries.

The Criminal Code of the Federal Republic of Germany stipulates that state secrets are facts, objects or knowledge that are accessible only to a limited circle of people and must be kept secret from a foreign government in order to prevent the danger of serious damage to the external security of the Federal Republic of Germany.

The secrecy regime includes the following main groups of measures:

1) a permit system that determines the procedure for access for official purposes by specific employees to certain protected information and to specific premises where confidential or secret work is carried out;

2) the procedure and rules for dealing with secret or confidential documents and other carriers of protected information, while it is possible to separate the flows of documentary information according to the degree of secrecy of the information contained in the documents, as well as the separation of the flows of information, documents containing state and trade secret;

3) the establishment of access control and inside the facility mode, corresponding to the degree of secrecy of information available at the facility;

4) educational and preventive work, the level and content of which must correspond to the level of required information protection in order to prevent or significantly reduce the risk of leakage of classified information through the employees of the facility working with such information.

Within the framework of the secrecy regime established at the facility, all other measures are taken to protect information constituting a state secret.

In terms of the amount of protected information belonging to one owner, information constituting a state secret significantly exceeds other types of protected secrets and, in particular, commercial secrets. However, the total volume of protected commercial information constituting a certain secret may not be less than the volume of information constituting a state secret.

Let us dwell on the main factors that can influence the classification of information and the degree of its secrecy.

First, the goals and objectives of protecting secrets in the state must be subordinated to the needs of the socio-political and socio-economic development of the country. The information classification system, which will impose restrictions on the dissemination and use of certain categories of information, should be associated with the achievement of very specific strategic goals of the state and be based on the principle that an effective solution to a certain class of foreign policy, defense, economic and scientific and technical problems is possible provided that the methods, forces and means of solving them, as well as the ideas and intentions of the country's leadership, are hidden from rivals. The more important tasks for the state are solved, the higher the degree of secrecy of this information, the hidden use of which will contribute to their solution.

Secondly, the nature and extent of the possible damage to the state in the event of a leak, disclosure of this protected information. The damage can be political, economic, moral, etc.

Thirdly, the presence or possible manifestation of the competitor's interest in information that is subject to classification, his willingness to expend effort and money to overcome protective measures, to obtain this classified information.

Fourthly, the classification of information should not contradict the restrictions established by regulatory documents on the classification of this type of information.

There are several organizational and legal forms within which the classification of information classified as state secrets is carried out. They can exist both in a "pure" form and include elements of other types of forms. The correct choice of form can significantly influence the solution of information classification issues: within the framework of which classification methodology a system of criteria for determining, then the degree of information secrecy, is formed.

There are the following main forms of classification of information:

  • list form;
  • system of initial and derivative classification;
  • program-targeted approach to the classification of information.

The list currently used in our country

the form of classification of information is sometimes criticized. Along with positive aspects(the ability to quickly bring to the attention of each performer those categories of information that are subject to classification; clarity of wording and classification allow you to quickly find the information you need and discipline the performer) this system has a number of disadvantages.

Firstly, it reduces the ability of officials responsible for the development and implementation of foreign, economic, military, scientific and technical policy of the state, to respond flexibly to the evolving situation, to conform with it the strategy and tactics of applying restrictions on the spread of foreign -formation and access to it. For example, the List of the most important information constituting a state secret, approved in 1980, with some changes in 1990, was valid until 1992, despite the fact that the situation in the country changed significantly.

Secondly, the development of lists did not begin from above, but from enterprises (executors), which made their proposals, which were then generalized by associations, departments, ministries, etc. Thus, the lists laid down the policy of classifying information not from the state, but from enterprises, at best, ministries.

Thirdly, there were essentially no restrictions on the classification of information, so the ministries classified everything they practically wanted to.

In the United States, the system of initial classification has operated and is currently operating. Under such a system, the legislator (parliament or president) determines the information categories of classified information and gives the heads of ministries and departments (according to a special list approved by the president) the right to initially classify information, i.e. they determine on what issues, what information and to what degree of secrecy can be classified.

In the Russian Federation, in accordance with the Law "On State Secrets", a kind of mixed form of information classification is currently being formed, including elements of the list form and initial classification. In particular, the Law defines the categories of information classified as state secrets, then the President of the Russian Federation, on the basis of proposals from the Government of the Russian Federation, approves two lists: the List of officials of state authorities and administrations empowered to classify information as state secrets, and the List of information classified as state secrets - for the implementation of a unified state policy in the field of secrecy of information.

Managers empowered to classify information approve the lists of information to be classified in accordance with their industry, departmental or program-target affiliation. They are also vested with the authority to dispose of this information, to review the degree of their secrecy and declassification.

When determining the degree (classification) of secrecy of documents, products, works, enterprises will continue to be guided by the lists of information to be classified. Thus, the executors will be informed of the strategic guidelines for the application of regime restrictions in specific situations.

The program-target approach to classifying information assumes that the process of classifying information is not oriented towards the formal criteria for its secrecy specified in the lists, but towards achieving specific goals, for the sake of which regime restrictions are introduced for a certain period. At the same time, the period of validity of the legal regime of state secrets is established already when information is classified. If it is necessary to extend the period of validity of the established secrecy regime, an additional decision must be made by the enterprise concerned. This approach can be used in the creation of new technical systems, both in the interests of developing weapons and in the interests of the national economy.

It is assumed that any new program, before being accepted for development, must pass a competitive selection and examination. Regime support new program development of a technical system, especially in the field of weapons, should begin with its nomination for competition. The types of information that may be needed when developing a new technical system are determined on the basis of the following provision: technical systems develop within the framework of families - a stable, fairly long-term and constantly improving category technical devices. The fate of the device, its usefulness, the amount of costs, the efficiency of its use and the possibility of obtaining commercial benefits, the consequences of its operation depend to a certain extent on the level of information support - supplying the team with information (both open and secret) and its protection begins with idea stage.

The idea in the form of an idea formulated by the development manager requires a huge amount of work to search and analyze various sources of information. At the same time, developers should have a fairly clear idea of ​​the actual and expected technical achievements that are directly related to or gravitate towards this family of technical systems. Scientific and engineering and technical workers, together with representatives of the security service, decide on the classification of information on this problem: what newly received information on the problem will be classified as a state secret and what degree of secrecy?

At the same time, the principles and criteria for classifying information, which are usual in such cases, are taken into account: the ability of the customer to solve important tasks for this technical system, the expected damage from information leakage, the compliance of the work being carried out with the highest domestic or foreign level, the possible effect of using the technical system, interest in the problem of competitors, etc.

Methods for protecting state secrets

The main methods of protecting state secrets are as follows:

  • hiding;
  • ranging;
  • disinformation;
  • splitting up;
  • moral and ethical;
  • coding;
  • encryption.

1. Hiding is one of the most common and widely used methods of information protection. Basically, it is the implementation in practice of one of the basic organizational principles of information protection - the maximum limitation of the number of persons allowed to secrets. The implementation of this method is usually achieved by:

  • classification of information, i.e. classifying it as secret or confidential information of varying degrees of secrecy and, in connection with this, restricting access to this information depending on its importance for the owner, which is manifested in the secrecy label affixed to the carrier of this information;
  • elimination or weakening of technical unmasking signs of protected objects and technical channels for leaking information about them.

2. Ranging as a method of information protection includes: Firstly, division of classified information according to the degree of secrecy; secondly, the regulation of admission and delimitation of access to protected information, i.e. granting individual rights to individual users to access the specific information they need and to perform certain operations. Differentiation of access to information can be carried out on a thematic basis or on the basis of information secrecy and is determined by the access matrix.

Ranking is special case hiding method: the user is not allowed to access information that he does not need to perform his official functions, and thus this information is hidden from him and all other (outsiders) persons.

3. Disinformation is one of the methods of information protection, which consists in the dissemination of deliberately false information regarding the true purpose of some objects and products, the actual state of some area of ​​state activity. Usually, misinformation is carried out by spreading false information through various channels, by imitation or distortion of the features and properties of individual elements of protected objects, by creating false objects, by appearance or manifestations of objects similar to those of interest to the opponent, etc.

4. Fragmentation is the division of information into parts with such a condition that knowledge of any one part of the information (for example, one operation of the production technology of some product) does not allow to restore the whole picture, the entire technology as a whole. It is used quite widely in the production of weapons and military equipment, as well as in the production of some consumer goods.

5. Insurance as a method of information protection is still only gaining recognition. Its essence boils down to protecting the rights and interests of the owner of information or information media both from traditional threats (theft, natural disasters) and from information security threats, namely: protection of information from leakage, theft, modifications (fakes), destruction, etc.

6. Moral and moral methods can be attributed to the group of those methods of information protection, which, if we proceed from the common expression that “it is not castles that keep secrets, but people”, play a very important role in information protection. It is a person, an employee of an enterprise or institution, who is admitted to secrets and accumulates colossal amounts of information in his memory, including secret information, often becomes a source of leakage of this information or, through his fault, the opponent gets the opportunity of unauthorized access to protected information carriers .

Moral and moral methods of protecting information involve, first of all, the education of an employee who is admitted to secrets, i.e. carrying out special work aimed at developing a system of certain qualities, views and beliefs (patriotism, understanding the importance and usefulness of protecting information for him personally), as well as training an employee who is aware of the information that constitutes a protected secrecy, rules and methods of information protection, instilling in him the skills of working with carriers of secret and confidential information.

7. Accounting is also one of the most important methods of protecting information, providing the ability to obtain at any time data on any carrier of protected information, on the number and location of all carriers of classified information, as well as data on all users of this information. Without accounting, it would be impossible to solve problems, especially when the number of carriers exceeds a certain minimum volume.

Principles of accounting for classified information:

  • obligatory registration of all carriers of protected information;
  • single registration of a specific carrier of such information;
  • an indication in the records of the address where the given carrier of classified information is currently located;
  • sole responsibility for the safety of each carrier of protected information and reflection in the accounts of the user of this information at the present time, as well as all previous users of this information.

8. Coding - a method of protecting information that aims to hide the content of protected information from an opponent and consists in converting plain text into conditional text using codes when transmitting information via communication channels, sending a written message when there is a threat that it may fall into the hands of an opponent, as well as in the processing and storage of information in CBT.

For encoding, a set of signs (symbols, numbers, etc.) and a system of certain rules are usually used, with the help of which information can be converted (encoded) in such a way that it can be read if the consumer has the appropriate key (code) for it. decoding. Encoding information can be done using technical means or manually.

9. Encryption is a method of protecting information, used more often when transmitting messages using various radio equipment, sending written messages, and in other cases when there is a danger of such messages being intercepted by an opponent. Encryption consists in converting open information into a form that excludes the understanding of its content if the interceptor does not have the information (key) to reveal the cipher.

Encryption can be preliminary (the text of the document is encrypted) and linear (the conversation is encrypted). Special equipment can be used to encrypt information.

Knowledge of the capabilities of the considered methods allows you to actively and comprehensively apply them when considering and using legal, organizational and engineering measures to protect classified information.

5. To obtain a license, the applicant shall submit the following documents to the relevant body authorized to conduct licensed activities:

a) an application for a license, indicating:

name, legal form and location of the enterprise;

taxpayer identification number;

date of payment by the enterprise of the state fee for granting a license;

information on whether the head of the enterprise has access to state secrets;

addresses of places where the licensed type of activity is carried out;

details of title documents for real estate objects necessary for the implementation of the declared type of activity for the period of validity of the license, the rights to which are registered in the Unified State Register of Rights to Real Estate and Transactions with It;

the type of activity for which a license must be issued;

the term of the license;

duly confirmed degree of secrecy of information constituting a state secret with which the applicant intends to carry out work;

forms of granting a license (on paper or in electronic form (in the form of an electronic document signed with an electronic signature));

b) copies of constituent documents of the legal entity;

c) copies of title documents for real estate objects necessary for the implementation of the declared type of activity for the period of validity of the license, the rights to which are not registered in the Unified State Register of Rights to Real Estate and Transactions Therewith;

d) a copy of the contract for the provision of services (if the applicant uses the services of a structural unit for the protection of state secrets of another organization).

Information about changes:

By Decree of the Government of the Russian Federation of May 5, 2012 N 445, this Regulation was supplemented by clause 5.1

5.1. The applicant has the right to submit the documents specified in paragraph 5 of this Regulation on paper or in electronic form (in the form of electronic documents signed with an electronic signature).

The applicant is responsible for the accuracy of the information provided by him.

All documents submitted for obtaining a license are registered by the body authorized to conduct licensed activities.

Information about changes:

By Decree of the Government of the Russian Federation of May 5, 2012 N 445, this Regulation was supplemented by clause 5.2

5.2. When checking the information contained in the application and the documents attached to it, the licensing authority requests the necessary information that is at the disposal of the authorities providing public services, the authorities providing municipal services, other state bodies, local governments or subordinate to state bodies or local governments organizations, in the manner prescribed by the Federal Law "On the organization of the provision of state and municipal services."

6. The body authorized to conduct licensed activities makes a decision to issue or refuse to issue a license within 30 days from the date of receipt of the application with all necessary documents.

If it is necessary to conduct an additional examination of the enterprise, the decision is made within 15 days after receiving the conclusion of the examination, but no later than 60 days from the date of filing an application for a license and the documents required for this.

Depending on the complexity and volume of materials subject to special examination, the head of the body authorized to conduct licensed activities may extend the period for making a decision on issuing or refusing to issue a license up to 30 days.

7. Licenses are issued on the basis of the results of special examinations of enterprises and state certification of their managers responsible for protecting information constituting state secrets (hereinafter referred to as the heads of enterprises), and subject to the following conditions: compliance with the requirements of legislative and other regulatory acts of the Russian Federation to ensure protection information constituting a state secret in the process of performing work related to the use of the said information; the presence in the structure of the enterprise of a division for the protection of state secrets and the necessary number of specially trained employees for work on the protection of information, the level of qualification of which is sufficient to ensure the protection of state secrets;

availability at the enterprise of information security tools that have a certificate certifying their compliance with the requirements for protecting information of the appropriate degree of secrecy.

8. The license shall indicate:

the name of the authority that issued the license;

name, location of the enterprise, addresses of the places where the licensed type of activity is carried out (if necessary), including the addresses of the places where the licensed type of activity is carried out by the divisions of the enterprise;

taxpayer identification number;

the type of activity for which the license has been issued;

conditions for carrying out the type of activity for which the license was issued;

the degree of secrecy of the information constituting a state secret permitted for use for a license to carry out work related to the use of information constituting a state secret;

the term of the license;

registration number and date of issue of the license.

The term of the license is set depending on the specifics of the type of activity, but not more than 5 years. At the request of the applicant, a license may be issued for a period of less than 5 years. The period of validity of a license issued to an enterprise cannot exceed the period of validity of the license of an enterprise whose structural subdivision for the protection of state secrets provides services for the protection of state secrets.

The renewal of the license is carried out in the manner prescribed for obtaining it.

An enterprise can have multiple licenses.

If the licensed type of activity is carried out by the divisions of the licensee at several addresses, granting such divisions the right to carry out the declared type of activity is carried out taking into account the results of a special examination of these divisions and the state certification of their heads.

The license is issued on a form with a degree of protection at the level of the degree of protection of the security. License forms are strictly accountable documents, they have an accounting series and a number. The acquisition, accounting and storage of such forms is entrusted to the bodies authorized to conduct licensed activities. The license may have appendices that are its integral part (about which a corresponding entry is made in it) and containing information about the licensee provided for by these Regulations.

The license can be issued on several forms with individual accounting and registration numbers for the licensee's subdivisions located outside its location. The validity period of the license issued in this way cannot exceed the validity period of the license issued to the enterprise, the structure of which includes the specified subdivisions. The period of validity of a license for the admission of enterprises to carry out work related to the use of information constituting a state secret, issued for a territorial office of the Central Bank of the Russian Federation, is established regardless of the period of validity of a license issued to the Central Bank of the Russian Federation at the place of its activities.

The license is signed by the head of the body authorized to conduct licensed activities, or by a person authorized by him, and certified by the seal of this body. A copy of the license is stored in the body authorized to conduct licensed activities.

In case of changes in the conditions for conducting a licensed type of activity, changes in the degree of secrecy of information with which the activity is carried out (supposed to be carried out), as well as in relation to which the licensee intends to carry out activities and (or) provide services, change the legal form or reorganize the licensee, change its of the name, location, address of the places where the licensed type of activity is carried out, the licensee or his successor shall, within 15 days, submit to the body authorized to conduct licensed activities an application for reissuing a license in connection with a change in the conditions of activity, attaching documents confirming the relevant changes. In these cases, the body authorized to conduct licensed activities, based on the results of consideration of the application and the verification of the compliance of the enterprise with the licensing requirements and conditions, decides on the need for a special examination and notifies the applicant of its decision. If a decision is made on the need to conduct a special examination, a license is issued taking into account its results.

In case of loss of a license, the enterprise has the right to obtain a duplicate of the license, which is issued on the basis of a written application submitted within 3 days from the date of establishing the fact of the loss of an application in writing.

Prior to reissuing a license (obtaining a duplicate license), the enterprise operates on the basis of a previously issued license, but not more than 60 days.

9. The body authorized to conduct licensed activities has the right to refuse to issue a license. A written notice of refusal to issue a license, indicating the reasons for the refusal, is sent to the applicant within 3 days after the adoption of the relevant decision.

The grounds for refusal to issue a license are:

the presence in the documents submitted by the applicant of false or distorted information;

a negative conclusion of the examination, which established the non-compliance with the conditions necessary for the implementation of the declared type of activity, specified in paragraph 7 of this Regulation;

negative conclusion based on the results of state certification of the head of the enterprise.

10. A special examination of an enterprise is carried out by checking compliance with the requirements of regulatory and methodological documents on the regime of secrecy, countering foreign technical intelligence and protecting information from leakage through technical channels, as well as compliance with other conditions necessary for obtaining a license.

The state bodies responsible for organizing and conducting special examinations of enterprises are the Federal Security Service of the Russian Federation, the Federal Service for Technical and Export Control, the Foreign Intelligence Service of the Russian Federation, the Ministry of Defense of the Russian Federation, other ministries and departments of the Russian Federation and the State Atomic Energy Corporation "Rosatom", whose leaders are empowered to classify as a state secret information in relation to their subordinate enterprises.

The organization and procedure for conducting special examinations of enterprises are determined by instructions that are developed by the indicated state bodies and agreed with the Interdepartmental Commission.

To conduct special examinations, these state bodies can create certification centers, as well as attract, in the prescribed manner, enterprises that obtain licenses to carry out work related to the use of information constituting a state secret, as well as to carry out activities and (or) provide services to protect state secrets. Requirements for these enterprises (certification centers) are determined by the bodies authorized to conduct licensed activities.

Special examinations of enterprises (certification centers) are carried out by the Federal Security Service of the Russian Federation, the Federal Service for Technical and Export Control, the Foreign Intelligence Service of the Russian Federation, the Ministry of Defense of the Russian Federation and their local authorities (within their competence).

Special examinations are carried out on the basis of an agreement between the enterprise and the body conducting the special examination. The costs of conducting special examinations are charged to the enterprise.

11. State attestation of the heads of enterprises is organized by the bodies authorized to conduct licensed activities, as well as the ministries and departments of the Russian Federation and the State Atomic Energy Corporation "Rosatom", the heads of which are empowered to classify as state secret information in relation to their subordinate enterprises.

Expenses on state attestation of heads of enterprises are charged to enterprises.

Heads of enterprises who have a document on education and (or) qualifications issued by an organization that carries out educational activities, included in the list determined by the Interdepartmental Commission, are considered to have passed state certification if no more than 5 years have passed since the end of the organization engaged in educational activities.

12. Bodies authorized to conduct licensed activities suspend the license or cancel it in the event of:

submission by the licensee of the relevant application;

detection of inaccurate data in the documents submitted for obtaining a license;

violation by the licensee of the terms of the license;

non-fulfillment by the licensee of instructions or orders of state bodies or suspension by these state bodies of the activity of the enterprise in accordance with the legislation of the Russian Federation;

liquidation of the enterprise.

The decision to suspend, renew and annul a license is made by the authority that issued the license.

The body authorized to conduct licensed activities shall send a notice of suspension of a license or annulment of a license to the licensee in writing no later than 3 days from the date of such decision.

The licensee who has received the decision of the body authorized to conduct licensed activities to suspend the license or to cancel the license is obliged to return the license within 10 days and notify all interested parties of the suspension (cancellation) of the license. Until a decision is made to renew the license, it is kept by the body authorized to conduct licensed activities.

The body authorized to conduct licensed activities sets a time limit for the licensee to eliminate the circumstances that led to the suspension of the license. The specified period cannot exceed 6 months.

If the circumstances that led to the suspension of the license are eliminated, its validity may be renewed. The license is considered to be renewed after the relevant decision is made by the body authorized to conduct licensed activities, about which it notifies the licensee within 3 days from the date of the decision and returns the license to him, containing information about the terms of its suspension.

13. Bodies authorized to conduct licensing activities quarterly submit to the Interdepartmental Commission information on issued and canceled licenses.

14. Monitoring compliance with license conditions by licensees performing work related to the use of the Government of the Russian Federation of September 24, 2010 N 749, this Regulation is supplemented by clause 17

17. For granting a license by the licensing authority, reissuing a document confirming the existence of a license, issuing a duplicate of a document confirming the existence of a license, and extending the term of the license, a state fee is paid in the amount and procedure established by the legislation of the Russian Federation on taxes and fees.

_____________________________

* The functions of the Interdepartmental Commission in accordance with the Decree of the President of the Russian Federation of March 30, 1994 N 614 are temporarily assigned to the State Technical Commission under the President of the Russian Federation.

The main methods of protecting state secrets are as follows:

Hiding;

Ranging;

Disinformation;

Splitting up;

Insurance;

Moral;

Coding;

Encryption.

1. Hiding is one of the most common and widely used methods of information protection. Basically, it is the implementation in practice of one of the basic organizational principles of information protection - the maximum limitation of the number of persons allowed to secrets. The implementation of this method is usually achieved by:

Classification of information, i.e. classifying it as secret or confidential information of varying degrees of secrecy and, in connection with this, restricting access to this information depending on its importance for the owner, which is manifested in the secrecy label affixed to the carrier of this information;

Elimination or weakening of technical unmasking signs of protected objects and technical channels for leaking information about them.

2. Ranking as a method of protecting information includes: firstly, the division of classified information according to the degree of secrecy; secondly, the regulation of admission and delimitation of access to protected information, i.e. granting individual rights to individual users to access the specific information they need and to perform certain operations. Differentiation of access to information can be carried out on a thematic basis or on the basis of information secrecy and is determined by the access matrix.

Ranging is a special case of the hiding method: the user is not allowed to access information that he does not need to perform his official functions, and thus this information is hidden from him and all other (outsiders) persons.

3. Disinformation - one of the methods of information protection, which consists in the dissemination of deliberately false information regarding the true purpose of some objects and products, the actual state of some area of ​​state activity. Usually, disinformation is carried out by spreading false information through various channels, imitation or distortion of the signs and properties of individual elements of protected objects, creating false objects, similar in appearance or manifestations to the objects of interest to the opponent, etc.

4. Fragmentation is the division of information into parts with such a condition that knowledge of any one piece of information (for example, one operation of the production technology of a product) does not allow restoring the whole picture, the entire technology as a whole. It is used quite widely in the production of weapons and military equipment, as well as in the production of some consumer goods.

5. Insurance as a method of information protection is still only gaining recognition. Its essence is to protect the rights and interests of the owner of information or the media from both traditional threats (theft, natural disasters) and information security threats, namely: protection of information from leakage, theft, modification (forgery), destruction and etc.

6. Moral and moral methods can be attributed to the group of those methods of information protection, which, if we proceed from the common expression that “it is not castles that keep secrets, but people”, play a very important role in information protection.

It is a person, an employee of an enterprise or institution, who is admitted to secrets and accumulates colossal amounts of information in his memory, including secret, often becomes a source of leakage of this information or, through his fault, the opponent gets the opportunity of unauthorized access to the media of protected information.

Moral and ethical methods of information protection involve, first of all, the education of an employee who has access to secrets, i.e. carrying out special work aimed at developing a system of certain qualities, views and beliefs (patriotism, understanding the importance and usefulness of information protection for him personally), as well as training an employee who is aware of the information constituting a protected secret, the rules and methods of information protection, instilling in him the skills of working with carriers of secret and confidential information.

7. Accounting is also one of the most important methods of protecting information, providing the ability to obtain at any time data on any carrier of protected information, on the number and location of all carriers of classified information, as well as data on all users of this information. Without accounting, it would be impossible to solve problems, especially when the number of carriers exceeds a certain minimum volume.

Principles of accounting for classified information:

Mandatory registration of all carriers of protected information;

One-time registration of a specific carrier of such information;

Indication in the records of the address where the given carrier of classified information is currently located;

The sole responsibility for the safety of each carrier of protected information and the reflection in the accounts of the user of this information at the present time, as well as all previous users of this information.

8. Coding - a method of protecting information that aims to hide the content of protected information from an opponent and consists in converting plain text into conditional text using codes when transmitting information via communication channels, sending a written message when there is a threat that it may fall into the hands of an opponent, as well as in the processing and storage of information in CBT.

For encoding, usually a set of characters (symbols, numbers, etc.) and a system of certain rules are used, with the help of which information can be converted (encoded) in such a way that it can be read if the consumer has the appropriate key (code) to decode it. Encoding information can be done using technical means or manually.

9. Encryption is a method of protecting information, used more often when transmitting messages using various radio equipment, sending written messages and in other cases when there is a danger of such messages being intercepted by an opponent. Encryption consists in converting open information into a form that excludes the understanding of its content, if the interceptor does not have the information (key) to reveal the cipher.

Encryption can be preliminary (the text of the document is encrypted) and linear (the conversation is encrypted). Special equipment can be used to encrypt information.

Knowledge of the capabilities of the considered methods allows you to actively and comprehensively apply them when considering and using legal, organizational and engineering measures to protect classified information.

State secrets are protected on the basis of the Law of the Russian Federation "On State Secrets". He defines state secrets as information protected by the state in the field of its military, foreign policy, economic, intelligence, counterintelligence and operational-search activities, the dissemination of which may harm the security of the Russian Federation, and the state secret protection system - as a set of state secret protection agencies, the means they use and methods for protecting information constituting state secrets and their carriers, as well as measures taken for these purposes.

The following information shall not be classified as state secrets and classified:

About emergencies, catastrophes and their consequences that threaten the safety and health of citizens, as well as about natural disasters, their official forecasts and consequences;

On the state of ecology, health care, sanitation, demography, education, culture, Agriculture as well as crime;

On privileges, compensations and benefits provided by the state to citizens, officials and organizations;

Facts of violation of human and civil rights and freedoms;

On the size of the gold reserves and state foreign exchange reserves of the Russian Federation;

The state of health of senior officials of the Russian Federation;

On the facts of violation of the law by public authorities and their officials.

Officials who have made decisions to classify the listed information or to include it for these purposes in a carrier of information constituting a state secret shall bear criminal, administrative or disciplinary responsibility, depending on the material and moral damage caused to society, the state and citizens. Citizens have the right to appeal such decisions to the court.

In accordance with Art. 20 of the Law, the bodies for the protection of state secrets include:

Interdepartmental Commission for the Protection of State Secrets;

State authorities and their territorial bodies;

Organizations and their structural subdivisions for the protection of state secrets.

The Interdepartmental Commission for the Protection of State Secrets is a collegial body coordinating the activities of state authorities for the protection of state secrets in the interests of developing and implementing state programs, regulatory and methodological documents that ensure the implementation of the legislation of the Russian Federation on state secrets. The functions of the interdepartmental commission for the protection of state secrets and its supra-departmental powers are implemented in accordance with the Regulations on the interdepartmental commission for the protection of state secrets, approved by the President.


State authorities and organizations ensure the protection of information constituting a state secret in accordance with the tasks assigned to them and within their competence. Responsibility for organizing the protection of information constituting a state secret in state authorities and organizations rests with their heads. Depending on the volume of work using information constituting a state secret, the heads of state authorities and organizations create structural units for the protection of state secrets, the functions of which are determined by the specified

Managers, in accordance with the regulations approved by the Government, and taking into account the specifics of their work.

The admission of officials and citizens of the Russian Federation to state secrets is carried out on a voluntary basis and provides for:

Assuming obligations to the state for non-dissemination of information entrusted to them, constituting a state secret;

Consent to private or temporary restrictions on their rights;

Written consent to conduct verification activities in relation to them by the competent authorities;

Acquaintance with the norms of the legislation of the Russian Federation on state secrets, providing for liability for its violation;

Making a decision by the head of a state authority or organization on the admission of a person being registered to information constituting a state secret.

The scope of verification activities depends on the degree of secrecy of information to which the person being registered will be allowed (Article 21 of the Law).

In accordance with Art. 22 of the Law, the grounds for denying an official or a citizen access to state secrets may be:

Recognition of a person by a court as incapable or partially capable, being on trial or under investigation for state and other grave crimes, having an unexpunged conviction for these crimes;

The presence of medical contraindications for work with the use of introductions constituting a state secret, according to the list approved by the Ministry of Health of the Russian Federation;

Permanent residence of a person and (or) his close relatives abroad and (or) execution by the said persons of documents for leaving for permanent residence in other states;

Identification as a result of verification activities of the actions of the registered person that create a threat to the security of the Russian Federation;

Evasion of a person from verification activities and (or) communication of knowingly false personal data to them.

The decision to deny an official or citizen access to state secrets is made by the head of a state authority or organization in individually, taking into account the results of verification activities. A citizen has the right to appeal this decision to a higher organization or court.

The admission of an official or citizen to state secrets may be terminated by decision of the head of a state authority, enterprise, institution or organization in the following cases:

Termination of an employment contract with him in connection with organizational and (or) staff events;

Single violation of the obligations stipulated by the employment contract related to the protection of state secrets;

Occurrence of obligations that are grounds for denial of access to state secrets.

Termination of access to state secrets does not release an official or citizen from their obligations to not disclose information constituting a state secret. The decision of the administration to terminate the access of an official or citizen to state secrets and, on the basis of this, an employment contract with him can be appealed to a higher organization or court (Article 22 of the Law).

Criminal liability for the disclosure of state secrets is established by several articles of the Criminal Code of the Russian Federation: Art. 275 of the Criminal Code of the Russian Federation (“high treason”), art. 276 of the Criminal Code of the Russian Federation (“Espionage”), art. 283 of the Criminal Code of the Russian Federation (“Disclosure of state secrets”), etc.

The fundamental element of state secrets under the current legislation are certain categories of information protected by the state, the list of which is grouped in Art. 5 of the Law of the Russian Federation "On State Secrets" in the most important areas of state activity. The concept of a list of information constituting a state secret occupies exclusively important place in the process of constructing the institution of information, the regime of which is defined as a state secret. Therefore, it is no coincidence that the legislator dedicates a special section of the Law of the Russian Federation “On State Secrets” to this list.

The list of information constituting a state secret is understood as a set of categories of information in accordance with which information is classified as a state secret and is classified on the grounds and in the manner established by federal law. Categories of information are associated with specific areas of government activity. Thus, information in the military field (military secret) includes, in particular, information on the content of strategic and operational plans, documents of the combat directorate on the preparation and conduct of operations, strategic, operational and mobilization deployment of the Armed Forces of the Russian Federation, other troops, military formations and organs; on plans for the development of the Armed Forces of the Russian Federation, other troops of the Russian Federation, directions for the development of weapons and military equipment, the content and results of the implementation of targeted programs, research and development work to create and modernize weapons and military equipment; in the development, technology, production, production volumes, storage, disposal of nuclear weapons; with tactical and technical characteristics and the possibilities of combat use of weapons and military equipment; location, purpose, degree of readiness, protection of regime and especially important facilities, their design, construction and operation; about location, actual names, organizational structure, armament, number of troops and the state of their combat support.

The composition of information in the field of economics, science and technology, subject to being kept in the regime of state secrets, includes, in particular, information about the content of plans for preparing the Russian Federation and its individual regions for possible military operations, the mobilization capacities of the industry for the manufacture and repair of weapons and military equipment ; use of the infrastructure of the Russian Federation in order to ensure the defense capability and security of the state; volumes, plans (tasks) of the state defense order, production and deliveries (in cash or in kind) of weapons, military equipment and other defense products; achievements of science and technology, research, development, design work and technologies that have an important defense or economic importance affecting the security of the state.

To information in the area foreign policy and the economy, in particular, information about the foreign policy, foreign economic activity of the Russian Federation, the premature dissemination of which may harm the security of the state; on financial policy in relations with foreign states (with the exception of generalized indicators on external debt), as well as financial or monetary activities, the premature dissemination of which may harm the security of the state.

Information constituting a state secret in the field of intelligence, counterintelligence and operational-search activities, in particular, includes: information about the forces, means, sources, methods, plans and results of these types of activities, as well as data on the financing of these activities; persons cooperating or collaborating on a confidential basis with the bodies carrying out intelligence, counterintelligence and operational-search activities; about the system of presidential, governmental, encrypted, including coded and classified communications, about ciphers, methods and tools for analyzing encryption and special protection means, information and analytical systems for special purposes; methods and means of protecting classified information; training of personnel, revealing the activities carried out in order to ensure the security of the state.

The above list of information is very generalized, but it forms the basis on the foundation of which more detailed compositions of information are formed, which, in the prescribed manner, are classified as information that is in the regime of state secrets.

Based on the basic list of information constituting a state secret, formulated in Art. 5 of the Law of the Russian Federation "On State Secrets" and in accordance with paragraph 2 of Art. 4 of the said law, the President of the Russian Federation approves a detailed list of information classified as state secrets, which, in addition to the information itself, indicates state bodies empowered by their order. This list is periodically and as necessary reviewed in accordance with the principles of classifying information as state secrets and classifying this information.

These principles are enshrined in Art. 6 of the Law of the Russian Federation "0 state secret". These include the principles of legality, validity and timeliness.

Questions and tasks for self-control

1. What is information?

2. What is a trade secret?

3. What information cannot be a trade secret?

4. What is a state secret?

5. What information is not subject to classification as a state secret?

6. How is access to state secrets carried out?

7. What are the main legal acts regulating the protection of information and state secrets?

8. What are the types of liability for the disclosure of state secrets?

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