11.04.2017
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About Kislyak are not supposed to ask

Почему МИД не ответил на вопросы журналистов, а суд отклонил их иск о нарушении закона о СМИ

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What happened?

11 APR Presnensky court rejected claim of the publication of “the Media” to the Russian foreign Ministry filed April 7, after the failure of the Ministry to provide the requested information. The claim about “illegal omission” was a reaction to the publication on the refusal to provide information about the meetings of the Russian Ambassador to the U.S. Sergei Kislyak with Senator Jeff Sissom and Advisor to the President of Donald trump Jared Kushner. In addition to the “Media” was interested in who the Russians contacted the former head of the electoral headquarters of the trump by Paul Manafort.

The court justified its decision on the claim from the editor-in-chief of the edition Sergey Smirnov fact that it was filed in the administrative proceeding, and this case belongs in the civil, not the same thing.

what is the essence of the claim to the Ministry of foreign Affairs?

March 3 “the Media” addressed to the Director of the Department of information and press of the Russian foreign Ministry Maria Zakharova to confirm or refute the fact of the meeting Sergei Kislyak and Jeff and Roman sessions.

Sergei Kislyak
Sergey Kislyak

As previously reported, The Washington Post, us Senator, now occupying the post of US attorney General, before the entry into this post twice met with the Russian Ambassador. Then, sessions hid this information, having declared at the hearings in the Senate that did not meet Kislyak as a representative of the team trump. Journalists interested in however, “what issues were discussed during contact”, and the status of performed sessions.

After the first treatment of the foreign Ministry left the questions of Russian media attention, so “the Media” on 18 March sent a second request. On March 27, the Ministry did respond to him, saying that the information about the contacts of Russian diplomats will not be granted.

has Been violated media law?

Edition of “the Media” have considered the refusal of the Ministry of foreign Affairs illegal as according to media law a journalist has the right to access any information unless it contains “information constituting a state, commercial or other specially protected by law secret”.

Sergey Smirnov
Sergey Smirnov

As notes the editor-in-chief Sergey Smirnov, authorities often leave journalists ‘ requests without attention. In his claim, “the Media” asked the court to oblige the Ministry to provide the necessary information and pay the state duty in the amount of 300 rubles.

Maria Zakharova
Maria Zakharova

Maria Zakharova, commenting on the situation, said “People are sitting and PR. Let them tell you how many times and in what form the foreign Ministry sent them.”

Sergey Smirnov commented on Twitter the court’s decision:

Comments Sergey Smirnov

 

 

 

 

 

 

expert

Alexey GoloshchapovAlexey Goloshchapov, PhD, associate Professor, faculty of law, HSE, Department of theory and history of law:

– Non-public information means a state, commercial or other specially protected by the law secret. The state is not obliged to disclose the reason for their actions, that are accepted by various conventions and agreements.

For example, in the “Vienna Convention on the law of treaties” governed by a political tact, diplomacy and legal etiquette. I think that it is the court planned to refer the Ministry of foreign Affairs, and his opponent — the law “On mass media”, which is based on the General regulations and may be limited to other international agreements.

Moreover, there are many unspoken rules of communication between countries for which some information should not be divulged to any of the parties. I’m not surprised that the court rejected the prosecution, and the reason is not confusion with administrative and civil claims, and that there is no real mechanism that could force the authorities to answer all the questions or hold them accountable for refusing to provide information.

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