Timoshenko I.G. Open Government in Foreign Countries: Modern Status and Problems

Abstract: This paper is concerned with issues of foreign states experience in the field of legal regulation of institutes of open government and foreign practice of its implementation in context of public government modernization, development of citizens’ right to information and participation in public government. Historic and comparative methods are used in the process of study. In particular evolution and contemporary substance of open government regulation approaches abroad are examined on the basis of comparative analysis of foreign countries legislation and practice as well as international recommendations. Positive and negative experience of open government concept implementation abroad is discussed. Special attention is given to consideration of electronic government and forms of its functioning in public government bodies’ activities in foreign countries. The analysis of legislative basis and practical experience of implementation of open government in foreign countries makes it clear that, in spite of some progress in this sphere, substantial quantity of states are faced to some legal, organizational and financial problems. These problems are connected with the practical difficulties in achieving the balance between traditional requirements of due public administration and contemporary requirements of providing of its openness. Advanced information technologies inculcation, while facilitating realization of openness, makes new problems, arising from necessity of protection of different kinds of information including personal data. Correct solution of these issues should be based on modernization of information legislation, systems of public control over executive bodies and development of other tools of public government democratization. This goal may be achieved on the base of balanced approach, making it possible to combine advantages of information openness with obligations of providing security of government bodies’ activities as well as protection of citizens’ rights in this process. Taking into account these reasons the author makes conclusion as to necessity of careful approach to possible application of some elements of foreign experience by Russian public bodies and officials.

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