Publication date: 15.07.2024
The right of access to public information in Ukraine
Introduction
The right of access to public information is an important element of a democratic society, which ensures transparency and accountability of public authorities, as well as facilitates the exercise of other fundamental rights and freedoms of citizens. In this article, we will consider the main aspects of the right to access public information in Ukraine, including the legal framework, principles, mechanisms for the implementation and protection of this right.
Legal framework
The Constitution of Ukraine
The Constitution of Ukraine enshrines the right of everyone to freedom of information, which includes the right to collect, store, use and disseminate information. Article 34 of the Constitution guarantees the right to information, as well as freedom of thought and speech.
Law of Ukraine "On Access to Public Information"
This law is the main legal act regulating access to public information in Ukraine. The Law defines the concept of public information, the principles of access to it, the rights and obligations of subjects of information relations, as well as the procedure for appealing against decisions, actions or inaction of information administrators.
Other legal acts
- TheLaw of Ukraine "On Information": establishes the general principles of information activity and regulates relations in the field of creation, collection, storage, use and dissemination of information.
- TheLaw of Ukraine "On Personal Data Protection": regulates the processing and protection of personal data in the context of access to public information.
- Subordinate legislation: orders, resolutions, instructions and other regulatory documents detailing the procedure for exercising the right of access to public information.
Principles of access to public information
Transparency
State and local self-government bodies are obliged to ensure transparency of their activities by providing access to public information.
Openness
Public information is open, except as provided by law, when access to information may be restricted due to the need to protect national security, public order, health or the rights of others.
Accessibility
Access to public information is provided on equal terms for all persons without discrimination.
Legality
Information is provided on the basis and in the manner prescribed by the legislation of Ukraine.
Reasonableness of refusal
Refusal to provide information must be substantiated and executed in writing, stating the grounds provided for by law.
Mechanisms for exercising the right to access public information
Request for information
Every person has the right to submit a request for information to the public information manager. The request may be submitted orally, in writing or electronically.
Requirements to the request
A request for information must contain:
- Name and surname of the requestor, his/her contact details (postal address or e-mail, telephone number).
- A general description of the information the requestor wishes to receive.
- The form of information provision (e.g., a copy of the document, access to viewing documents, etc.)
Procedure for consideration of the request
The information manager is obliged to consider the request and provide a response no later than five business days from the date of receipt of the request. If the request concerns provision of a large amount of information or requires searching for information among a significant amount of data, the term of consideration may be extended up to twenty business days with justification of the reasons for the extension.
Refusal to provide information
The information manager has the right to refuse to provide information in the following cases:
- The information is of restricted access (confidential, secret or proprietary).
- The requested information is not at the disposal of the subject.
- The request is too general.
- Other grounds provided for by law.
Appeal against refusal
In case of refusal to provide information or failure to respond to a request, the requestor has the right to appeal such actions to a higher authority, the Ukrainian Parliament Commissioner for Human Rights or to a court.
Protection of the right to access public information
Administrative protection
A requestor may apply to the Ukrainian Parliament Commissioner for Human Rights to protect his/her right to access public information. The Commissioner is empowered to conduct inspections, consider complaints and take response measures.
Judicial protection
A requester has the right to appeal to the court against decisions, actions or omissions of the information controller. The court may oblige the information controller to provide the requested information, compensate for moral and material damage caused by unlawful refusal to provide information.
Liability for violation of the right to access public information
Administrative and criminal liability is provided for violation of legislation on access to public information. Officials of information administrators may be held liable for unlawful refusal to provide information, failure to respond to a request, provision of false information, etc.
Conclusion
The right of access to public information is an important component of a democratic society that ensures transparency and accountability of public authorities, as well as facilitates the exercise of other fundamental rights and freedoms of citizens. Ukrainian legislation establishes clear mechanisms for exercising this right, including the submission of requests for information, the procedure for their consideration, the grounds for refusal, and the ways to protect the rights of requesters. Compliance with these norms contributes to increasing the transparency of public authorities and strengthening public confidence in the government.
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