New view on providing access to confidential information in business activity: tendencies, principles, requirements to inquiries, ways of overcoming of legislative gaps
( Pp. 29-33)

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Yakovleva Irina aspirantka kafedry Predprinimatelskogo prava MGYuA im. O.E. Kutafina
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Abstract:
In article the analysis of the main problems arising at businessmen at an assessment of legitimacy of providing access to confidential information, such as the requirement direction by authorized body (face) with excess admissible its competence of level of access is carried out. Now at definition of access there was an application tendency not the formalistic approach consisting in simple verification of the link to norm in the text of inquiry, and in carrying out an assessment of consequences of providing required data, norm application in a context of a concrete situation. All this allows to speak about emergence of new approach in an assessment of the legitimacy, based on the principle of motivation. Its essence consists in purpose and rule of law definition on the basis of which the requirement, compliances of required information to functionality of body and the person, its competence, and also existence enough accurate instructions is directed on an immediate cause of the direction of the requirement which has to contain all established requisites. Offered approach to definition of opportunity and limits of access to information allows to avoid the existing collisions of rules of law expressed in absence of accurate criteria of determination of powers of bodies and persons on obtaining confidential information, by definition based on application in full the principle of motivation of conditions under which owners of confidential information have to open it.
How to Cite:
Yakovleva I.., (2013), NEW VIEW ON PROVIDING ACCESS TO CONFIDENTIAL INFORMATION IN BUSINESS ACTIVITY: TENDENCIES, PRINCIPLES, REQUIREMENTS TO INQUIRIES, WAYS OF OVERCOMING OF LEGISLATIVE GAPS. Business in Law, 5 => 29-33.
Reference list:
Andronova T. A. Bankovskaya tayna: problemy pravovogo regulirovaniya: Avtoref. diss . kand. yurid. nauk. M., 2008.- 23 s.
Vlasyuk M. A. Grazhdansko-pravovoe regulirovanie bankovskoy tayny: Avtoref. diss. kand. yurid. nauk. Krasnodar. 2008.- 22 s.
Danilenko S. A. Pravovoe regulirovanie bankovskoy tayny: Avtoref. diss . kand. yurid. nauk. M., 2007.- 26 s.
Kirilina V. E. Pravovoy rezhim nalogovoy tayny // Zakony Rossii: opyt, analiz, praktika. 2010. № 4. S. 79-84.
Pronin K.V. Kak zashchitit kommercheskuyu taynu predpriyatiya. M., 2008.- 143 s.
Keywords:
information with limited access, privacy policy, request information, limit access, the details of the request, the principle of motivation, appropriateness of disclosure of, the definition of competence, mandatory requirements for the request.


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