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Article 53. Non-disclosure of Issues of National Security

1. In the process of criminal court proceeding, measures to keep state secrets (state, military and official secrets, investigation and preliminary investigation secrets) and other secrets (trade secret, information for official use, medical, private secrets and any other types of secrets) from divulging shall be taken pursuant to this Code and other legislation.

2. Persons, whom the agency, conducting criminal proceeding, asks to disclose information on state and other secrets, should fulfill this requirement, but before doing that, have the right to obtain the appropriate explanation which is subject to be entered into the protocol, and which proves that this information is necessary and shall be used in the criminal proceeding.

3. The procedure of access to the state secret information for the participants of the proceeding shall be determined by the legislation.

4. Evidences related to state secrets shall be examined in a close court session.

5. Evidences which reveal any other secrets and disclose privacy can be examined in a close court session at the request of persons whom the divulging the aforementioned information threatens.

6. A harm inflicted to a person as a result of privacy violation, as well as divulging private and family secrets, shall be subject to be compensated in the procedure determined by law.

7. Investigation and preliminary investigation information shall not be divulged. It can be made public with the consent of the criminal investigation agency in the possible amount only, if it does not contradict the interests of investigation and is not related to the violation of rights and legal interests of other individuals.

8. The criminal investigation agency shall have the right to notify a defender, witnesses, victim, civil plaintiff, civil defendant or their representatives, experts, specialists, interpreters and other persons attending the investigation proceeding on inadmissibility of divulgence of information related to the matter without the permission of that agency. These individuals shall sign a notification on the responsibility.

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