Originally from The Journal of Eurasian Law (JEL)

I. Introduction

The free flow of information is critical to such foundational issues as the rule of law, greater trust in state institutions, a more functional economy, and greater accountability for political figures and their appointees. This is as true in developing democracies as it is in established states with vibrant public participation and lively political debate. Until recently, Russia's freedom of information legislation cast a stultifying pall over the ability of Russian activists to operate effectively and defend their own rights and those of their constituents.1 This situation appears to have changed somewhat with the introduction in 2009 of the Federal Law No. 8-FZ On Guaranteeing Access to Information about the Actions of State and Local Government Agencies (hereinafter “No. 8-FZ,” or “the Law on Access to Information”).2

This paper analyzes the new Russian law through the lens of its American counterparts, the Freedom of Information Act, or FOIA3 and the Government in the Sunshine Act of 1976,4 referred to collectively as “FOI Laws.” The recent changes to Russian freedom-of-information law in many ways represents a positive step forward, especially when compared with the legislation it replaced. These changes have incorporated most of the important rights that are implicated by access to information about national and local government agencies. In some ways, the Law on Access to Information even exceeds its Western progenitors; for example, No. 8-FZ requires the creation of internet access points for citizens in government institutions, such as local libraries.5 This provision could be called revolutionary, at least from the standpoint of guaranteeing access to average citizens in a country that had only thirteen computers per hundred people in 2006.6