REGULATORY AND LEGAL REGULATION OF THE CONCEPT OF «SECRET»: ESSENCE, FEATURES AND PROBLEMATIC ASPECTS

Abstract

The article is devoted to the problem of various definitions of the concept of
«secret» contained in national legislation and scientific legal literature, the article
examines existing approaches to the legal regulation of this phenomenon. Using

general scientific methods of analysis and synthesis, it is established that the
legislatively defined cases of restriction of access to «information» are aimed at
ensuring the socially useful function of regulating relations in order to prevent
harm from the disclosure of certain information.
The absence of a single regulatory legal act that would establish a list of all
varieties of «secrets» is noted, and the essence of the reasons that complicate the
classification of «secrets» is also emphasized.
The conclusion is made about the inexpediency of codifying the relevant
legal norms at the current stage of development of national legislation. The use of
incorporation (based on the main features of the «secret» category) as an
approach, the results of which can be effectively used in the processes of
education, training and rulemaking, is proposed.