CONTROVERSIAL ASPECTS OF THE DEFINITION OF THE TERM «RIGHT TO INFORMATION»

Abstract

The results of the conducted studies ascertained the lack of the legal term «right to information». Proven is the fact of the multiplicity of approaches to the definition of what the «right to information» is. The author presents various interpretations of the legal category, identifies two main concepts for understanding the right to information and traces the connection of the first concept with the recognition of the independence of the right to information. Proven is the link between the second concept with the negation of independence of the studied law. Under both conceptions the broad and narrow approaches to the interpretation of the right to information are developed. The author states that in the most broad sense the right to information acts as a link of the whole system of rights and freedoms by absorbing other law, analyzing the attempts of the Russian researchers in the framework of the broad approach to delineate the boundaries of the «right to information», and ascertaining the identification of the «right to information» with «the right to information access» from the standpoint of the narrow approach and showing the attempts of some scholars to prove the independence of the right to access to information. The article demonstrates the submissions of foreign studies confirming the autonomous character of the law, suggesting the ratio of the «right to information» with «the right to information access» as a generic and species concepts. It is revealed that supporters of the negation of independence of the «right to information» consider it as an element of freedom of thought and speech. The author proves the independence of the right to information in the system of constitutional rights and freedoms of a human and citizen, as well as his key role in the formation and development of the information law.