NAKO has analysed the draft Law of Ukraine 8394 “On Security of Classified Information”.
In general, the adoption of this draft law is strategically important in the context of harmonising Ukraine’s legislative framework in line with NATO and EU security requirements and standards. In other words, it potentially brings Ukraine closer to integration with each of these organisations.
The registered draft law contains some positive provisions that are important for ensuring a balance between guaranteeing the right of access to information and national security.
At the same time, despite the progressive nature of certain provisions of the draft law, the proposed text also has a number of systemic shortcomings, such as the preservation of the concept of a single list of classified information, the monopoly of the Security Service of Ukraine in the field of restricted information, which leads to a conflict of interest and reduced transparency, as well as increased corruption risks in this area, etc.
To mitigate the risks, NAKO experts provided suggestions and recommendations for improving the draft Law No. 8394 “On Security of Classified Information”.
A detailed analysis in Ukrainian can be found below: