Rivne region: Implementation of the Law of Ukraine "On Access to Public Information”. Monitoring results
Yurii Khorunzhyi11 November will be six month since the Law of Ukraine "On Access to Public Information” has been put into action. This period showed that adoption of a law in Ukraine doesn't guarantee its implementation. Especially when talking about the law which should help fighting corruption.
Complicated schemes of receiving public information have been facilitated the impunity of corrupt scheme participants for many years. They helped to conceal names of participants of illegal actions, amounts of stolen money, extent of negative consequences for the state, etc. Naturally, many officials were dissatisfied with adoption of the law which was supposed to uncover corruption sides of the country. The bill was changed several times under government pressure. People’s deputies refused to support it. In fact, adoption of the law is the merit of the public, not the officials. For the first time in Ukraine efforts of the public were effective, and have led to tangible results. Under the constant pressure of NGOs and journalists, deputies finally adopted the law "On Access to Public Information”.
It was a first step on the way to open government in Ukraine. Difficulties which appeared during voting give reasons to believe that officials will try minimize its implementation. Taking into consideration that this law is very important for society, Civic Network OPORA took responsibility for observing implementation of its standards.
The project "The government through the prism of information" is realized by the support of the International Fund "Revival", aimed on securing of implementation of the Law of Ukraine "On Access to Public Information” in six districts of Rivne region.
On the first stage of the project, lawyers of the organization have studied requirements of new legislation, observance of which ensures its effective implementation. The result of the analysis was a list of binding measures, namely:
- adoption of local regulation aimed at implementing the law;
- making amendments to council regulations;
- creating special departments or appointing people, responsible for access to the information;
- creating special places to work with documents containing public information;
- provide coverage of information on information boards;
- publishing information on official websites of local authorities;
- establishing a system for accounting public information;
- adjustment of work with requests for information.
Studying accomplishment of the legislation requirements by authorities has allowed us to estimate the level of implementation of the law and determine the effectiveness of government actions. Civic Network OPORA analyzed implementation of the legislation by 20 governmental bodies.
Governmental bodies, studied during the project realization
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Regional state administration |
District state administration |
Regional council |
District council |
City (village) council |
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Rivne |
Rivne |
Rivne |
Rivne |
Rivne |
|
|
Hoscha |
|
Hoscha |
Hoscha |
|
|
Dubno |
|
Dubno |
Dubno |
|
|
Zdolbuniv |
|
Zdolbuniv |
Zdolbuniv |
|
|
Sarny |
|
Sarny |
Sarny |
|
|
Ostroh |
|
Ostroh |
Ostroh |
Providing answer to a request
Monitoring showed that all subjects of authority only selectively implement the Demands of the Law "On Access to Public Information”. Most of governmental bodies under the examination paid special attention to the deadline of providing information. We can easily see it from the quality of answers given to the requests from OPORA. All governmental bodies have given answers or sent a notification about the necessity to extend time limits for working at the request. At the same time, the quality of provided answers remains low. Officials, at their own discretion, selectively provide not full information.
A serious problem for authorities is fulfillment of demands, which earlier were not provided by the legislation. For example giving respond in an electronic form or through writing on a disk. OPORA have had several situations when governmental body refuses giving an answer in such form or charges for copying documents on paper.
For example, when receiving an answer from Hoscha village council and Ostroh regional state administration. Village council has given answer after specifying. Ostroh administration refused to give information, what is a violation of the law.
Law requires to convert documents from paper media by scanning them into electronic. Thus, sooner or later, the officials will have to do this job anyway. However, refusing to provide information because there is no electronic copies of it is illegal.
Places to work with documents
A special requirement for implementation of the law on information is arrangement of a special place to work with public information.
During the monitoring, representatives of OPORA discovered, that such places don’t exist or don’t function. For example, in some city and regional administrations employees do not know about such a requirement of the law. They said, that work with information is practiced only by the means of written requirements.
Some governmental bodies have offices for working with documents. For example, in regional council and Rivne regional state administration. Nevertheless, it's impossible to use these offices for their intended purpose, because the quantity of provided public information there is very low.
Such offices should be equipped with furniture and office equipment. There is such specially equipped place in Hoscha district council. However, office equipment had no power supply at the moment of monitoring.
Law requirement on providing special equipped place to work with public information faced with shortage of financial and human resources in governmental bodies of Rivne region. We often witnessed answer that requirements of the law are not implemented because of absence of funds.
A system for accounting public information
The Law of Ukraine "On Access to Public Information” obliges the authorities to register all documents containing public information and create an accounting system. The requirement for such system are specified by Article 18.
It wasn't fulfilled by the vast majority of all monitored bodies. At the same time, the relevant requirement is present in prescriptions of most subjects of authority.
Between twenty subjects of monitoring only Dubno district council created previously mentioned system of accounting and filled it with information, however, not fully.
RECOMMENDATIONS
1. To conduct training for employees of the department or a person responsible for the implementation of the Law of Ukraine "On Access to Public Information". To ensure the possibility of consultations during whole working day.
2. Properly equip special place for work with documents which contain public information or their copies, to make possible copying, taking pictures, scanning, writing on any information carriers.
3. To provide publicity and accessibility of such place for citizens and publish information about it in printed media or official website in Internet.
4. For citizens with limited physical abilities, provide an opportunity for submission of requests for information on the first floor of the administrative building, appoint a responsible person.
5. To put appropriate informational nameplates near offices for work with documents, containing public information.
6. To provide the access to information through information stand for citizens which have no possibility to use Internet. In particular, to secure regular and timely publication of information, according to the Law of Ukraine "On Access to Public Information”.
7. To establish a system for accounting documents containing public information and kept by the correspondent subject of authority according to Article 18 of the Law of Ukraine "On Access to Public Information”. To provide by it not only documents created after 11 May 2011, but also of earlier time.
8. To secure free public access to the system for accounting documents containing public information.
9. To secure full and regular publishing of information on the official website in Internet according to the Article 15 Law of Ukraine “On Access to Public Information” or Resolution of the Cabinet of Ministers of Ukraine “On Procedure for publication in Internet information about the activities of bodies of executive power”.
10. To make amendments to the regulations in accordance with the recommendations specified in the "Regulations of local councils."
11. To provide the possibility to make information requests by e-mail and inform citizens about the e-mail address for that in any acceptable form.
12. To secure providing answers in electronic form by creating them on computer of scanning paper documents, according to the Article 7 (2) of the Law of Ukraine "On Information" where is stated, that no one may restrict the individual's right to choose the form and sources of information.
13. To explain to employees, responsible for providing answers to requests the term “information of public interest” and take measures to individuals which demand financial award for providing mentioned information.
FULL MONITORING REPORT (DOWNLOAD HERE)