Classified information in Russia

In the Russian Federation, a state secret (Государственная тайна), according to the definition adopted in the Official Secrets Act of the Russian Federation, is information protected by the state on its military, foreign policy, economic, intelligence, counterintelligence, operational and investigative and other activities, dissemination of which could harm state security.

Protection of State Secrets in the Russian Federation

Legislation of the Russian Federation on State Secrets was based on the Constitution of the Russian Federation, Federal Law "On Security" and "On State Secrets". The list of information constituting state secrets shall be determined by federal law "On State Secrets" (Section II), under which inter-ministerial Commission for the Protection of State Secrets generates a list of information classified as state secrets.

Public authorities, whose leaders have the authority to designate information as state secrets, develop, within their competence, detailed lists of information to be classified. Guided by these lists, originators determine the degree of secrecy of information, establish the secrecy of documents developed by them (carriers) and their restrictive measures.

Under the law "On State Secrets" it is forbidden to designate as state secrets and classify information:

• on emergencies and disasters that threaten the safety and health of citizens, and their consequences, as well as natural disasters, their official forecasts and consequences;
• state environmental, health, sanitation, demography, education, culture, agriculture, and the state of crime;
• on privileges, compensations and social safeguards provided by the state to citizens, officials, enterprises, institutions and organizations;
• about violations of human rights and freedoms of man and citizen;
• on the amount of gold reserves and government foreign exchange reserves of the Russian Federation;
• on the health status of senior officials of the Russian Federation;
• on any violations of law by public authorities and their officials.

Levels of secrecy

Levels of secrecy of documents in the USSR, from maximum to minimum are:

• CC/ОП (Совершенно Секретно. Особая Папка) [Completely Secret. Special Folder]
• ОП (Особая Папка) [Special Folder]
• ОВ (Особой Важности) [Particularly Important]
• СС (Совершенно Секретно) [Completely Secret]
• С (Секретно) [Secret]
• ДСП (Для служебного пользования) [For Official Use Only]

The degree of secrecy of information constituting state secrets, is consistent severity of damage, which may be caused by the public spread said information. There are three degrees of secrecy of information constituting state secrets, and related to these degrees of secrecy: "Special Importance", "Completely Secret" and "Secret." These roughly correspond to the levels top secret, secret and confidential used by NATO nations. Using these secrecy levels for classifying information that is not classified as state secrets is not allowed.

Declassification of information

The grounds for the declassification of information classified as state secrets (i.e. removal of restrictions on their distribution) are:

• compliance with the Russian Federation's international obligations under the open exchange of information constituting a state secret of the Russian Federation;
• change of objective circumstances, which result in further protection of information constituting a state secret being inappropriate.

The term of classification of information constituting state secrets, shall not exceed 30 years. In exceptional cases this period may be extended at the conclusion of the interdepartmental commission on protecting state secrets.

Limitations

Persons admitted to the degree of information "Top Secret" or "special importance", may be limited in their constitutional rights. Such restrictions may be placed only on an individual basis by the security organs on the basis of conclusions about the awareness of individuals in the information constituting a state secret.

Officials admitted to state secrets to the Russian Federation

List of positions, the substitution of which persons are admitted to the state secret, approved by Decree of the President of the Russian Federation on January 15, 2010 № 24-p

1. Russian Prime Minister
2. Attorney General of the Russian Federation
3. Head of Presidential Administration
4. Secretary of Russian Security Council
5. First Deputy Prime Minister
6. Deputy Prime Minister
7. Deputy Prime Minister - Minister of Finance of the Russian Federation
8. Deputy Prime Minister - Chief of Staff of the Russian Federation
9. First Deputy Prosecutor General of the Russian Federation - Chairman of the Investigative Committee of the Procuracy of the Russian Federation
10. Federal Minister
11. Chairman of the Central Election Commission of the Russian Federation
12. Chairman of the Accounting Chamber of Russian Federation
13. Chairman of the Central Bank of Russian Federation
14. President of the Russian Academy of Sciences
15. Head (Director) of the Federal Service
16. Head (Director) of the federal agency
17. Senior official (head of the supreme executive organ of state power) of the Russian Federation
18. Commissioner for Human Rights in the Russian Federation
19. Head of organization with in accordance with federal law the authority to exercise on behalf of the Russian Federation government in the specified area of activity

Officials with the right information, to designate state secrets to the Russian Federation

1994-1997

Order of the President of the Russian Federation from February 11, 1994 № 73-p "approved list of officials of public authorities, vested with authority to refer information to the state secret:

1. Russian Federation Minister of Atomic Energy 2. Minister of the Russian Federation for Civil Defence, Emergencies and Elimination of Consequences of Natural Disasters 3. Minister for Foreign Economic Relations of the Russian Federation 4. Minister of Internal Affairs of the Russian Federation 5. Minister of Health and Medical Industry of the Russian Federation 6. Minister for Foreign Affairs of the Russian Federation 7. Minister of Science and Technology Policy of the Russian Federation 8. Minister of Defence of the Russian Federation 9. Minister of Environment and Natural Resources of the Russian Federation 10. Minister of Transport of the Russian Federation 11. Minister of Communications of the Russian Federation 12. Minister of Agriculture and Food of the Russian Federation 13. Minister of Fuel and Energy of the Russian Federation 14. Minister of Transport of the Russian Federation 15. Minister of Finance of the Russian Federation 16. Minister of Economy of the Russian Federation 17. Chairman of the State Committee of Russia 18. Chairman Goskomproma Russia 19. Chairman of the State Committee Russia 20. Chairman of Russian State Customs Committee 21. Chairman Roskomnedr 22. Chairman Roskomrezerva 23. Chairman Roskomdragmeta 24. Chairman of the Committee under the President of the Russian Federation for Information Policy 25. Chairman Roskommasha 26. Chairman Rosskommetallurgiya 27. Chairman of Russian State Standard 28. Chairman Roskomhimnefteproma 29. Head Roscartography 30. Director of the FGC Russia 31. Director of the SVR of Russia 32. The Director-General FAPSI 33. Director of the Tax Police Department of the Russian Federation 34. RSA Director General 35. Chairman of the State Technical Commission of Russia 36. Head Guo Russia 37. Head of the Presidential Security Service of the Russian Federation 38. Chairman of the Bank of Russia 39. Commander of Border Troops of the Russian Federation (on the order of the President of the Russian Federation dated 27 June 1994 № 331-p) 40. The head of Hydromet (including the disposition of the President of the Russian Federation dated 27 June 1994 № 331-p) 41. Head of the Main Directorate of Special Programs of the President of the Russian Federation (on the order of the President of the Russian Federation on October 24, 1994 № 537-rp) 42. Head of Presidential Administration of Russian Federation (including the disposition of the President of the Russian Federation on June 6, 1996 № 290-rp) 43. Minister of Construction of Russian Federation (including the disposition of the President of the Russian Federation dated 21 June 1996 № 333-rp) 44. Chairman GKVTP Russia (including the order of the President of the Russian Federation dated 21 June 1996 № 333-rp) 45. Chairman Roskomzema (including the disposition of the President of the Russian Federation dated 21 June 1996 № 333-rp)

1997-2000

Order of the President of the Russian Federation from May 30, 1997 № 226-rp approved list of officials of public authorities, vested with authority to refer information to the state secret:

1. Russian Federation Minister of Atomic Energy 2. Minister of Foreign Economic Relations and Trade of the Russian Federation (Decree of the President removed the Russian Federation of 23 July 1998 № 280-rp) 3. Minister of Internal Affairs of the Russian Federation 4. Minister of the Russian Federation for Civil Defence, Emergencies and Elimination of Consequences of Natural Disasters 5. Minister of Health of the Russian Federation 6. Minister of the Russian Federation on Land Policy, Construction and Housing and Communal Services (including the disposition of the President of the Russian Federation of 23 July 1998 № 280-rp, expelled the order of the President of the Russian Federation of January 23, 1999 № 12-p) 7. Minister for Foreign Affairs of the Russian Federation 8. Minister of Science and Technology of the Russian Federation 9. Minister of Education of the Russian Federation 10. Minister of Defence of the Russian Federation 11. Minister of Natural Resources of the Russian Federation 12. Minister of Industry and Trade of the Russian Federation (including the disposition of the President of the Russian Federation of 23 July 1998 № 280-rp, expelled the order of the President of the Russian Federation of January 23, 1999 № 12-p) 13. Minister of Transport of the Russian Federation 14. Minister of Agriculture and Food of the Russian Federation 15. Minister of Fuel and Energy of the Russian Federation 16. Minister of Trade of the Russian Federation (including the disposition of the President of the Russian Federation of January 23, 1999 № 12-p) 17. Minister of Transport of the Russian Federation 18. Minister of Finance of the Russian Federation 19. Minister of Economy of the Russian Federation 20. Minister of Justice of the Russian Federation (including the disposition of the President of the Russian Federation of January 23, 1999 № 12-p) 21. Chairman of the State Committee of Russia (ruled out the order of the President of the Russian Federation of 23 July 1998 № 280-p, re-inserted in order of the President of the Russian Federation on January 23, 1999 № 12-p) 22. Chairman Goskomrezerv Russia 23. Chairman of the State Construction Committee of Russia (ruled out the order of the President of the Russian Federation of 23 July 1998 № 280-p, re-inserted in order of the President of the Russian Federation on January 23, 1999 № 12-p) 24. Chairman of the State Committee of Russia 25. Chairman of the State Committee of Russia 26. Chairman of Russian State Standard (deleted order of the President of the Russian Federation dated 23 July 1998 № 280-p, re-inserted in order of the President of the Russian Federation on January 23, 1999 № 12-p) 27. Chairman of Russian State Customs Committee 28. Director of Russian Federal Border Guard Service 29. Russian FSB director 30. Director of the SVR of Russia 31. Head Roscartography (deleted order of the President of the Russian Federation dated 23 July 1998 № 280-p, re-inserted in order of the President of the Russian Federation on January 23, 1999 № 12-p) 32. Director of the Russian Tax Police 33. The head of Hydromet (deleted order of the President of the Russian Federation dated 23 July 1998 № 280-p, re-inserted in order of the President of the Russian Federation on January 23, 1999 № 12-p) 34. Head of Russian Federal Security Service 35. RSA Director General 36. The Director-General FAPSI 37. Head of Presidential Administration 38. Head of the Main Directorate of Special Programs of the President of the Russian Federation 39. Chairman of the State Technical Commission of Russia 40. Chairman of the Bank of Russia

2000-2005

Order of the President of the Russian Federation from January 17, 2000 № 6-pn approved list of officials of public authorities, vested with authority to refer information to the state secret:

1. Russian Federation Minister of Atomic Energy 2. Minister of Internal Affairs of the Russian Federation 3. Minister of the Russian Federation for Civil Defence, Emergencies and Elimination of Consequences of Natural Disasters 4. Minister of Health of the Russian Federation 5. Minister for Foreign Affairs of the Russian Federation 6. Minister of Science and Technology of the Russian Federation (deleted Decree of President of Russian Federation from September 26, 2000 № 419-rp) 7. Minister of Defence of the Russian Federation 8. Minister of Education of the Russian Federation 9. Minister of Natural Resources of the Russian Federation 10. Minister for Industry, Science and Technology of the Russian Federation (including the disposition of the President of the Russian Federation of 26 September 2000 № 419-rp) 11. Minister of Transport of the Russian Federation 12. Minister of the Russian Federation for Communications and Informatization 13. Minister of Agriculture of the Russian Federation (including the disposition of the President of the Russian Federation dated 26 September 2000 № 419-rp) 14. Minister of Agriculture and Food of the Russian Federation (Decree of the President removed the Russian Federation of 26 September 2000 № 419-rp) 15. Minister of Fuel and Energy of the Russian Federation (deleted Decree of President of Russian Federation from September 26, 2000 № 419-rp) 16. Minister of Trade of the Russian Federation (deleted decree of President of Russian Federation from September 26, 2000 № 419-rp) 17. Minister of Transport of the Russian Federation 18. Minister of Finance of the Russian Federation 19. Minister of Economy of the Russian Federation (Decree of the President ruled out the Russian Federation of 26 September 2000 № 419-rp) 20. Minister of Economic Development and Trade of the Russian Federation (including the disposition of the President of the Russian Federation of 26 September 2000 № 419-rp) 21. Minister of Energy of the Russian Federation (including the disposition of the President of the Russian Federation dated 26 September 2000 № 419-rp) 22. Minister of Justice of the Russian Federation 23. Chairman of the State Committee of Russia (ruled out the order of the President of the Russian Federation dated 26 September 2000 № 419-rp) 24. Chairman of the State Committee of Russia (ruled out the order of the President of the Russian Federation dated 26 September 2000 № 419-rp) 25. Chairman of Russian State Standard 26. Chairman of Russian State Construction Committee 27. Chairman of Russian State Customs Committee 28. Director of the SVR of Russia 29. Head Roszemkadastra (including the disposition of the President of the Russian Federation dated 26 September 2000 № 419-rp) 30. Head Roscartography 31. The head of Hydromet 32. Russian FSB director 33. Director of the Federal Tax Police Service of Russia (ruled by a presidential decree of November 25, 2003 № 1389) 34. Head of Russian Federal Security Service 35. Director of Russian Federal Border Guard Service 36. General Director of PAB (on order of the President of the Russian Federation from September 26, 2000 № 419-rp) 37. Director General of RACE 38. Director General of Rosaviakosmos 39. Director General of Munitions Agency 40. The Director-General Rossudostroeniya 41. The Director-General Rosrezerva 42. The Director-General FAPSI 43. Head GUSP 44. Chairman of the State Technical Commission of Russia 45. Head of Presidential Administration 46. Chairman of the Bank of Russia 47. Director of GFS Russia (including the order of the President of the Russian Federation dated 19 June 2001 № 325-rp) 48. CMTC chairman of Russia (including the disposition of the President of the Russian Federation on February 14, 2002 № 64-p) 49. Chairman of the Federal Drug Control Service of Russia (including a presidential decree of November 25, 2003 № 1389)

Since 2005

Order of the President of the Russian Federation from April 16, 2005 № 151-rp approved list of officials of public authorities (in accordance with Presidential Decree of April 8, 2008 № 460 - government departments and organizations), confers the power to designate information a state secret:

1. Head of Presidential Administration 2. Deputy Prime Minister - Chief of Staff of the Russian Federation Government (including the disposition of the President of the Russian Federation from November 1, 2008 № 654-rp) 3. Deputy Prime Minister - Minister of Finance of the Russian Federation (including the disposition of the President of the Russian Federation from November 1, 2008 № 654-rp) 4. Minister of Internal Affairs of the Russian Federation 5. Minister of the Russian Federation for Civil Defence, Emergencies and Elimination of Consequences of Natural Disasters 6. Minister for Foreign Affairs of the Russian Federation 7. Minister of Defence of the Russian Federation 8. Minister of Justice of the Russian Federation 9. Chief of Staff of the Russian Federation - Minister of Russian Federation (Decree of the President ruled out the Russian Federation from November 1, 2008 № 654-rp) 10. Minister for Health and Social Development of Russian Federation 11. Minister of Education and Science of the Russian Federation 12. Minister of Natural Resources of the Russian Federation in accordance with the decree of the President of the Russian Federation from November 1, 2008 № 654-p "- Minister of Natural Resources and Environment of the Russian Federation 13. Minister of Industry and Energy of the Russian Federation in accordance with the decree of the President of the Russian Federation from November 1, 2008 № 654-p, - Minister of Industry and Trade of the Russian Federation 14. Minister of Agriculture of the Russian Federation 15. Minister of Transport of the Russian Federation 16. Minister of Information Technologies and Communication of the Russian Federation in accordance with the decree of the President of the Russian Federation from November 1, 2008 № 654-p "- Minister of Communications of the Russian Federation 17. Minister of Finance of the Russian Federation (Decree of the President ruled out the Russian Federation from November 1, 2008 № 654-rp) 18. Minister of Economic Development and Trade of the Russian Federation in accordance with the decree of the President of the Russian Federation from November 1, 2008 № 654-p "- Minister of Economic Development; 19. Minister of Energy of the Russian Federation (including the disposition of the President of the Russian Federation from November 1, 2008 № 654-rp) 20. Minister for Regional Development of the Russian Federation (including the disposition of the President of the Russian Federation of 26 July 2008 № 436-p) 21. Chairman of the Bank of Russia 22. Director of GFS Russia 23. Director of the SVR of Russia 24. Russian FSB director 25. Director of Russian Federal Drug Control Service 26. Director of Russian Federal Security Service 27. Head GUSP 28. The head of Hydromet (deleted order of the President of the Russian Federation from November 1, 2008 № 654-rp) 29. The head of Rosatom (deleted order of the President of the Russian Federation from November 1, 2008 № 654-rp) 30. Head of the agency 31. Director FSTEK Russia 32. Head of Federal Customs Service of Russia (including the disposition of the President of the Russian Federation on October 12, 2007 № 570-rp) 33. The Director-General of the State Atomic Energy Corporation Rosatom (includes Presidential Decree of April 8, 2008 № 460) 34. Director FSVTS Russia (including the order of the President of the Russian Federation on February 28, 2009 № 124-rp)

Notes

• this article is based on a Google translation of the Russian Wikipedia article "State Secrets" http://ru.wikipedia.org/wiki/Государственная_тайна

References

• N. Stolyarov, "Organization of protection of state secrets in Russia" (Н. В. Столяров «Организация защиты государственной тайны в России»)
• Questions of a fair trial in criminal cases concerning espionage or divulging state secrets , the report of PACE, 2007 (Вопросы справедливого судебного разбирательства в уголовных делах о шпионаже или разглашении государственной тайны, доклад ПАСЕ, 2007)