Collaborating with non-systemic opposition Duma Deputy Dmitry Gudkov twice recently was denied access to information from public authorities. Contrary to the law on the Deputy status he was denied the accounts chamber and Ministry of foreign Affairs. An attempt to read one of the documents in the Duma failed: the Chairman of the budget Committee Andrey Makarov refused to give his Gudkov.
The confidential report
A year ago the audit chamber’s report on the cosmodrome East Gudkov asked in the house in late April, after media reports about numerous violations in the construction of land infrastructure of the cosmodrome. In the request to the President of the JV Tatyana Golikova (u) MP also requested to be informed of the views that the chamber sent after checking.
The answer from SP was signed by the auditor (former Senator) Sergey-Agapovy, although the law on status of Deputy requires the reaction of officials to whom the Deputy referred, or someone who replaces him. Gudkov requested a report sent to the state Duma, and the evidences of the East to the Prosecutor General, the Investigative Committee and the FSB, mentioned in the letter Agaptsov written on behalf Golikova (have). The auditor also reported that according to the materials of the accounts chamber of the TFR opened a criminal case and is investigating it.
Remained unanswered on the merits and the request Gudkov at the foreign Ministry. In early June, after the publication of the Finnish national TV list of the 89 Europeans, who are allegedly denied entry to Russia, Gudkov has addressed to the Minister of foreign Affairs Sergey Lavrov with the request to refute or confirm the existence of a black list of Europeans who are denied entry to Russia. The Deputy also requested a list, if one exists, citing articles of the law on the status of parliamentarians, which guarantee him the right to access information from public authorities.
For Gudkov, who is a member of several parliamentary groups for relations with parliaments of European States, applied to the European colleagues with a request to clarify the situation with the list, wrote the Deputy in inquiry Lavrov (have). Gudkov himself and noticed that the cases of catastrophic failure in visiting Russia European officials, he indicated in the request.
The answer Gudkov from the Foreign Ministry labeled the stamp “for official use only” and may not be published in the media, said the man surrounded by a Deputy. The meaning of the answer, as in the case with the accounts chamber, was to ensure that interested the member information submitted to the state Duma.
The report on the Eastern spaceport was sent addressed to the speaker of the state Duma Sergei Naryshkin in 2014, said the press officer of the JV in additional written comments. “Deputies can see the contents of the report according to the internal regulation of the State Duma. The chamber according to the current legislation sends to the chambers of the Federal Assembly of the Russian Federation reports on all conducted audits on a mandatory basis. In this regard, the statement that the chamber allegedly classified the results of inspections from Deputy Dmitry Gudkov, inaccurate and does not reflect the situation objectively,” — said the press service.
First of Gudkov problems access to information public authorities: on request he ever received the documents themselves, or could find them in the special libraries of the departments, if the documents had a limited regime of tolerance, says official.
But he was aware that the chamber refused to provide information to regional and opposition MP Lev Shlosberg: the MP wanted to get a report relating to its region, but JV said that he is responsible only to the deputies at the Federal level.
The law on the status of Senator and Deputy of the guarantee to the Deputy of the state Duma to provide not only the answer to the inquiries of any governmental authorities, and requested information, even if they constitute a state secret (article 17 of the law).
“Of course, every Deputy in accordance with the law on his status has the right to request and receive information from departments, including from the accounting chamber”, — said the Deputy head of the state Duma Yuri Shuvalov. But the chamber, denying Gudkov, followed their own law on the accounts chamber, to the reply of the press service of the Agency on request . The letter said: “In accordance with the law on the accounts chamber on the results of control activities the accounting chamber shall inform the chamber of the Federal Assembly of Russia (the Federation Council and the state Duma)”.
The foreign Ministry at the time of publication on the request is not answered.
Gudkov may request the desired information in the agencies again, and in case of refusal to apply to the Prosecutor or the court, says one of interlocutors of the Duma .
Colleagues do not give
One of the documents, access to which Gudkov denied the Agency, the audit chamber’s report on the inspection of the Vostochny space centre — the Deputy tried to get in the Duma, where was redirected to SP. He wrote Naryshkin (inquiry) — requested the Commission to give him the document for review. Naryshkin instructed the Chairman of the budget Committee of the Duma, the Deputy-the United Russia party, Andrei Makarov, which forwarded its report to the JV, it follows from the answer Makarova Naryshkin, who have .
Makarov on behalf of the speaker of the Duma said that Gudkov refused to grant access to the audit chamber report. The report is marked with the stamp “for official use” has “a particular mode of acquaintance”, and Gudkov, member of the constitutional Committee of the Duma, “to the profile which these materials are irrelevant”, said in a letter to Makarov Naryshkin.
In addition, Makarov, in his words, not found it possible to give Gudkov the document, since, as Chairman of the Duma Committee on the budget, “responsible for maintaining the access mode referred to Committee documents”.
To connect with Makarov at the time of publication of the article failed.
The information that is in the Duma, in accordance with the rules of the house painted (the Chairman of the Duma) subject to the directions of the legislative work carried out by committees, said Shuvalov. Responsible for the document sent to the Committee, it is the President, the source specified.
On the basis of the law on the status of parliamentarians, Makarov — Deputy of the same, as rings, and could not refuse to provide requested materials, Gudkov insists.
If Gudkov is a permit necessary forms for security purposes, Makarov had no right to deny him membership in any committees of relevance to the case has not, explained the first Deputy Chairman of the Duma Committee on rules Nadezhda Gerasimova. In the state Duma in accordance with the law, is secret keeping; the form of access to classified information all the deputies, said the interlocutor . According to her, if hooters has the right to be acquainted with materials of appropriate degree of secrecy, he could obtain the requested information “not only in the budget Committee, but in any other place” because it comes in the Duma [not a Committee].
Gudkov notes that has a permit not only to materials classified as “restricted”, but also to the more secret. According to him, earlier in the special library of the Duma, he became acquainted with the classified report of the accounts chamber on the disbursement of budgetary funds to the Olympics in Sochi. The obligation not to disclose the information received had they performed, indicated by the Deputy.
For bad behavior
Makarov technically have not violated any of the provisions of the law: the law governing the status of parliamentarians, nor the Duma regulations do not oblige him to provide information Gudkov, of the Duma indicates one of the interlocutors . Legislate to oblige the deputies to share information is not necessary, said the source: it will affect their legal rights and will limit natural political life in Parliament.
The reluctance of Makarov to give Gudkov the requested information may be due to the fact that November 2014 Gudkov published on his blog in “Live journal” marked with the stamp “for official use” the answer of Foreign Minister to his request about the reasons of the refusal to renew a Russian passport to the famous dissident Vladimir Bukovsky, the Duma does not exclude the other interlocutor . For the same reason, information he did not provide and departments, said a source.
The audit chamber’s report on the East — not the kind of information, without which you cannot live, but the important fact restrict the member access to requested information — both in the departments and in the Duma, Gudkov believes. The interlocutor has the impression that this technology is limiting access of opposition to the data will be used in the future: the reluctance of agencies to comply with the law on status of parliamentarian in his / her personal case and negates the overall status, said a source.
“What was the scale of theft at the Baikonur East, if people chose to deny access to the record of this, even knowing that this situation will be made public?” — sums of rings.
The Communist Deputy, chief lawyer of the CPRF Vadim Soloviev with the problem of obtaining documents from government agencies, he said . According to Solovyov, he only once refused the mayor of the city of Kimry, Maxim Litvinov. But after the treatment of Soloviev in the Prosecutor’s office demanding to bring officials to administrative responsibility for breach of law on status of Deputy of the requested documents were received, the source said .