Classified as "Secret Again"

Studying repressions could create a “threat to the interests of the Russian Federation” - and the archives were closed again

Approved on March 20, 2025 by order of the Federal Archive Agency (Rosarchive) No. 38, “The procedure for classifying documents of the Archive Fund of the Russian Federation stored in state and municipal archives as documents containing official information of limited distribution,” caused big problems for researchers of the cases of repressed people: people began to be denied the provision of materials because this could create a “potential threat to the interests of the Russian Federation.” Federation".

The Federal Law “On Archival Affairs in the Russian Federation” contains two basic provisions: the user of archival documents has the right to freely search and receive them for study (Article 24), and the restriction on access to documents containing information about the personal and family secrets of a citizen, his private life, as well as information that poses a threat to his safety, is set for 75 years (Article 26).

The cases of the repressed in question date back to the late 30s of the last century - almost 90 years have passed.

But the departmental procedure makes it possible to actually overturn the law.

The said procedure provides that the list of “official information of limited distribution contained in documents of the Archive Fund of the Russian Federation, stored in state and municipal archives, is developed by Rosarkhiv based on proposals from federal government bodies and approved by order of Rosarkhiv.”

Moreover, the list itself is also “a document containing proprietary information of limited distribution, and is marked “For official use.”

• Thus, it is impossible for the researcher to know what exactly he cannot know.

To compile the list, a commission is being created under the leadership of one of the deputy chairmen of Rosarkhiv. The grounds for including documents in the list are, in addition to regulations, also “appeals from federal government bodies, federal government bodies, and state corporations.” After the commission’s decision, the head of Rosarkhiv issues an appropriate order. Both commission protocols and orders are also “documents containing proprietary information of limited distribution” and are marked “For official use.”

• Thus, it is impossible for the researcher to find out the reasons why certain archival documents are inaccessible to him.

Article 26 of the aforementioned Federal Law “On Archival Affairs in the Russian Federation” contains three grounds for restricting access to archival documents.

Access is limited:

• in accordance with an international treaty of the Russian Federation, the legislation of the Russian Federation, as well as in accordance with the order of the owner or holder of privately owned archival documents;

• to archival documents, regardless of their form of ownership, containing information constituting state and other secrets protected by the legislation of the Russian Federation, as well as to originals of particularly valuable documents, including unique documents, and documents of the Archival Fund of the Russian Federation, recognized in the manner established by the authorized federal executive body in the field of archival affairs and record keeping, which are in unsatisfactory condition physical condition;

• to archival documents containing information about the personal and family secrets of a citizen, his private life, as well as information that creates a threat to his safety (as already mentioned, for a period of 75 years from the date of creation of these documents).

But Rosarkhiv came up with a fourth basis, which is not in the law: adding documents to the list of “official information of limited distribution.”

In response to a request from researcher Vasily Redekop, Deputy Head of the Department of Written Appeals from Citizens and Organizations of the Administration of the President of the Russian Federation A. Ivanov said:

• that by decree of the President of Russia dated November 11, 2024, Rosarkhiv received the authority to develop and approve lists of “official information of limited distribution”;

• that such information includes “unclassified information, the dissemination of which may pose a “potential threat to the interests of the Russian Federation”;

• that “the vesting of Rosarkhiv with these powers was dictated primarily by the need to protect the interests of the Russian Federation in conditions of unprecedented economic, political and information pressure on the Russian Federation and the commission of unfriendly actions against the Russian Federation, Russian legal entities and individuals by foreign states”;

• that this secrecy is also justified by “the need to protect the information contained in the documents of the Archive Fund of the Russian Federation, which are in open storage in state and municipal archives, from distortion of historical facts and events or their complete false interpretation, or use in the interests of unfriendly states and territories, by users of archival documents, among whom may be foreign citizens, citizens of the Russian Federation who have citizenship (nationality) of a foreign state (foreign states), persons recognized as foreign agents in the manner established by the legislation of the Russian Federation.”

For reference, Ivanov said that there are about 4.5 million open archival files in archival storage containing “sensitive information”, the use of which could harm the interests of the Russian Federation.

What exactly are the interests of the Russian Federation and what damage can be caused to them, Rosarkhiv determines independently.

The commission will receive an appeal from some interested “state body”, will decide to add the document to the “limited” list - and that will be enough.

“A judicial appeal is useless, since they have the right, and they establish the grounds themselves,” states Redekop.

Protect information stored in archival documents from distortion of facts - how to understand this? What does "false interpretation" mean? Who will determine that it is “false” and where is the “correct interpretation” established?

Facts and events are objective things, but interpretation is subjective. Everyone can have their own. There is only one way to “protect” facts and events from “false interpretation”—to prohibit their publicity altogether.

And what does “use in the interests of unfriendly states” mean? After all, as Vasily Redekop points out, “political repressions in the USSR were recognized and condemned by both the Soviet and Russian leadership. Therefore, it is impossible to use documents about repressions for “unfriendly” purposes against modern Russia - this is another state that has officially condemned these crimes.”

According to historian Nikita Petrov, the aforementioned order from Rosarkhiv violates both the norms of federal legislation and the constitutional rights of citizens to receive information.

The order gives Rosarkhiv the right to limit access to previously open documents by assigning them the classification “for official use” (DSP), which is essentially a form of classification.

Meanwhile, Russian legislation does not provide for re-classification. It turns out that there is a lot of scope for “amateur activities” of the Federal Archive in the field of access to information, and this cannot be controlled by anyone - the stamp “DSP” is applied to both the relevant decisions and prohibitive lists of documents. The situation becomes completely opaque.

“The absurdity and illegality of applying the stamp “DSP” to archival documents is quite obvious: the documents deposited by departments in state archives have long lost any official significance,” says Petrov. — That is, to consider that these documents can be intended for “official use” is obvious stupidity. And the retroactive assignment of a restrictive stamp is a violation of the Federal Law “On Archival Affairs.”

And one more conflict that Petrov notes: the right of access to archive documents classified as “secret,” “top secret,” or “special importance” is given to researchers who have obtained the appropriate “access” to documents containing state secrets from the FSB. And who will be allowed access to documents marked “DSP” and how will this be formalized? After all, such norms for archives do not exist. Or will they quickly come up with something and implement it by order of the Federal Archive?

Well, the criteria by which information will be limited are in a special high style: “unclassified information, the dissemination of which could create a potential threat to the interests of the Russian Federation.” This is precisely how the purpose of the new classification is indicated, vaguely but threateningly. What does this mean?

You don't have to look far for examples. Here and there they are already trying to block access to materials from archival investigative cases from the era of Stalinist repressions. That is, precisely to the source that contains information about mass repressions and violations of human rights. At the same time, the Federal Law “On State Secrets” in Art. 7 clearly states that information “about facts of violation of human and civil rights and freedoms” and “about facts of violation of the law by public authorities and their officials” is not subject to classification, and according to the same article, classifying these facts entails liability of officials up to and including criminal liability.

“What now? - asks Nikita Petrov. “New bans on “inconvenient” topics of historical research, an end to the increase in scientific knowledge?”

Let us quote Russian President Vladimir Putin, who two years ago at a meeting of the Russian Pobeda Organizing Committee said that “the open demonstration of archival documents will help in the fight against those who distort history to suit a political agenda and personal ambitions” and that “original documents are the most convincing arguments and evidence.”

But Rosarkhiv thinks differently.

Vladimir Maksimov