Постановление Европейского суда по правам человека от 22.10.2009 "Дело "Пасько (Pasko) против Российской Федерации" [рус., англ.]

/> (a) Period prior to 6 October 1997
39. Federal Law on State Secrets No. 5485-1 ("the State Secrets Act") was enacted on 21 July 1993 and entered into force on 21 September 1993. Section 5 provided:
"The following information may be classified as State secrets:
(1) information in the military field:
...
[information] about the location, actual names, organisational structure, armament, numerical strength of troops...
...
(4) information in the field of intelligence, counter-intelligence and operational and search activities:
...
[information] about the means and methods of protection of classified data..."
40. Section 9 set out the procedure for classifying information as State secrets. Authority to classify information was delegated to heads of State agencies. The law itself did not contain the list of such officials which was to be approved by the Russian President. The latter was also to approve the List of Information classified as State secrets, which was to be officially published. State agencies whose heads were competent to decide to classify information were to draw up extended lists of information that was to be classified as State secrets. The State Secrets Act did not specify whether such "extended lists" could be made public.
41. On 16 March, 26 and 27 October 1995 the State Duma, noting that the absence of the list of classified information "deprived the law-enforcement agencies of a legal basis for the performance of their duty to protect the security of the State, community and individuals", repeatedly petitioned the Government to prepare for the President's approval a draft decree containing the list of classified information.
42. On 30 November 1995 the President approved Decree No. 1203 on the List of Information classified as State Secrets. Paragraphs 13 and 77 of the list provided for the classification of "information disclosing the location, actual names, organisational structure, armament and numerical strength of troops, which is not subject to open declaration in accordance with the international obligations of the Russian Federation" and "information disclosing measures which are planned and/or being carried out to protect information from unauthorised access, foreign technical intelligences services and leaks through technical channels". They also designated the Ministry of the Interior, the Ministry of Defence and several other State agencies as bodies authorised to classify such information.
(b) Period after 6 October 1997
43. On 6 October 1997 Federal Law No. 131-FZ amending the 1993 State Secrets Act was enacted. The amendment was published and became operative on 9 October 1997. Section 5 of the State Secrets Act was amended to read:
"State secrets shall include:...
(1) information in the military field:
...
[information] about the location, actual names, organisational structure, armament, numerical strength of troops...
...
(4) information in the field of intelligence, counter-intelligence and operational and search activities:
...
[information] about the means and methods of protection of classified data..."

3. Case-law of the Russian courts

44. On 20 December 1995 the Russian Constitutional Court examined the compatibility of the Criminal Code of the RSFSR, then in force, with the Russian Constitution, in so far as the former established criminal liability for State treason, and stated:
"... It follows that the State may classify as State secrets information in the field of defence and economic and other activities, disclosure of which is capable of undermining the national defence and security of the State. In this connection Article 29 § 4 of the Russian Constitution provides that the list of information const



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