Right to Access to Public Information
Paragraph 1 of Article 1 of the Law of Ukraine “On Access to Public Information” stipulates that public information is information reflected and documented by any means and on any data storage devices, which was obtained or created in the process of exercising their duties by subjects of power, as provided by the existing legislation, or which is in the possession of subjects of power or other public information holders specified by this Law.
According to Article 19 of the Law of Ukraine “On Access to Public Information” information requester shall have the right to address an information holder with an information request, regardless of whether the document in question is related to him/her personaly, without specifying the reason for request.
In accordance with the Law of Ukraine “On Access to Public Information” respond to the request shall be provided no later than within 5 business days following receipt of the request. If the request covers a large volume of information or requires processing of a large amount of data, the term for handling the request may be extended to 20 business days indicating the reason for such extension.
According to Article 23 of the Law of Ukraine “On Access to Public Information” the requester shall have the right to appeal:
- rejection of information request;
- deferral of information request;
- failure to provide information upon request;
- provision of inaccurate or incomplete information;
- untimely provision of information;
- failure to fulfill an obligation to disclose information by information holders in accordance with Article 15 of this Law;
- other decisions, actions or omission of information holders that have violated lawful rights and interests of information requester.
According to Article 23 of the Law of Ukraine “On Access to Public Information”, decisions, actions or omission of information holders are subject to appeal before the leadership of information holder, higher authority or the court. Appeals against decisions, actions or omission of information holders before the court are carried out in accordance with the Code of Administrative Procedure of Ukraine.