Freedom of Information Center of Armenia.

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Success Story 37

03.02.2022

On October 14, 2022, the joint legislative initiative of the Freedom of Information Center of Armenia and the Ministry of Justice to increase the amount of administrative responsibility for the violation of the right to receive information entered into force.

The amount of the fine provided for in Article 189.7 has been increased by the amendment. now, instead of the previous fine of 10 to 50 thousand drams, a fine of 50 to 70 thousand drams has been set for the illegal disclosure of information by those in charge of information, and if the same violation is committed again within a year, instead of the previous 50 to 100 thousand drams, a fine of 100- a fine of 150 thousand drams.

The author of the proposal was the FOICA, which presented its initiative in the form of a petition to the Ministry of Justice, and the ministry gave a positive conclusion. Later, the Freedom of Information Center jointly with the Ministry of Justice developed a draft law "On Making Amendments to the Code of Administrative Offenses of the Republic of Armenia": see https://www.e-draft.am/projects/3931.

Thanks to the initiative, the fines set for violation of the right to freedom of information will become comparable to the public danger of the offense, they will be 17.2 to 40% of the average monthly nominal salary in state and local self-government bodies (less compared to the higher salary of the official responsible for freedom of information), the other will have a real deterrent effect on officials responsible for freedom of information in refraining from violating their duty to provide information.

On the one hand, the adoption of the project will enable journalists and CSOs to properly protect their right to receive information in the event of a violation of the right to freedom of information, on the other hand, it will have preventive significance, forcing information holders to properly comply with the regulations set by law for responding to written requests for information.

 The law “On Amendments to the Code of Administrative Offenses of the Republic of Armenia” Article 189.7 of the Code of Administrative Offenses

 Тhe FOICA Petition

 The draft law “On Amendments to the Code of Administrative Offenses of the Republic of Armenia” developed by the Freedom of Information Center and the Justification

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