Information law. The procedure for accessing archival funds and using archival documents (the most important)

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Information law. The procedure for accessing archival funds and using archival documents (the most important)

Lecture notes, cheat sheets

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82. ORDER OF ACCESS TO ARCHIVAL FOUNDATIONS AND USE OF ARCHIVAL DOCUMENTS

Documents of the state part of the Archival Fund of the Russian Federation and reference books to them are provided for use by all legal entities and individuals.

The use of an archive or archival document owned by public and religious associations and organizations or in private ownership is carried out only with the consent of the owner.

The procedure for using archival documents in state archives is determined by the Federal Archival Service of Russia.

How to use documents of the state part of the Archival Fund of the Russian Federation, which are temporarily stored in the central executive bodies of the Russian Federation, in state institutions, organizations and enterprises, are determined by them in agreement with the relevant bodies and institutions of the system of the Federal Archival Service of Russia.

When issuing copies of archival documents and reference books to the said documents to users for commercial purposes, the State Archives have the right to establish the conditions for their use (conclude license agreements). The procedure for concluding license agreements is established by the Government of the Russian Federation.

The use of documents of the state part of the Archival Fund of the Russian Federation, containing state or other secrets protected by law, is permitted after 30 years from the date of their creation, unless otherwise provided by law.

An increase in the specified period in relation to individual archival documents is established in the manner prescribed by the legislation of the Russian Federation, on the proposal of the Federal Archival Service of Russia.

The use of documents of the state part of the Archival Fund of the Russian Federation containing classified information is permitted by the bodies and institutions of the system of the Federal Archival Service of Russia together with the relevant central executive authorities of the Russian Federation, institutions, organizations and enterprises until the expiration of 30 years from the date of their creation as the secrecy of this information is lost.

Restrictions in use archival documents containing information about the personal life of citizens (about their health, family and intimate relationships, property status), as well as posing a threat to their life and home security, are established for a period of 75 years from the date of creation of documents, unless otherwise provided by law . Before this period, access to such documents may be allowed by the citizen himself, and after his death - by his heirs.

Citizens, institutions, organizations and enterprises, as well as public and religious associations and organizations have the right to receive certified copies of archival documents and extracts from archival documents stored in state archives or archives of institutions, organizations, enterprises, or independently make copies of these documents and make extracts from them, if this does not threaten the physical safety of the documents.

Users of archival documents are responsible for their use and preservation in the prescribed manner. Users of archival documents may appeal against decisions of archival management bodies and archival institutions on the use of archival documents to a superior archival management body in the order of subordination, and in case of disagreement with its decision - in court in accordance with the law.

Author: Yakubenko N.O.

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