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Responsibility for violation legislation on information
Tuesday, 18 June 2013 22:32

logo.enOne of the guarantees of the right to information is establishing a responsibility for violation legislation on information.

According to the article 7 of the Law of Ukraine "On Information" person may demand elimination of any infringements of the right to information. According to the article 3 of the Law of Ukraine "On Access to Public Information" the right to access to public information, among others, is guaranteed by establishing responsibility for violation of the legislation on access to public information. According to the article 27 of the Law of Ukraine "On Information" infringements of the information legislation of Ukraine lead to disciplinary, civil, administrative and criminal liabilities  according to the laws of Ukraine.

Legislator envisages a right to appeal decisions, actions or inaction of information owners (managers) to their supervision authority, a higher authority or a court (article 23 of the Law of Ukraine "On Access to Public Information").

A requestor has a right to appeal:

- rejection of information request;

- deferral of information request;

- failure to provide information;

- provision of false information or incomplete information;

- not due provision of information ;

- failure to publish information

- other decisions, actions or inaction of information owners (managers) that violated legal rights and interests.

Appeals of decisions, actions or inaction of information owners (managers)  should be filed to a court in accordance with the Code of Administrative Proceeding of Ukraine.

According to the article 24 of the Law of Ukraine "On Access to Public Information" persons, committing following offenses are brought to responsibility for violation of legislation on access to public information :

1) failure to provide an answer to an request;

2) failure to provide requested information;

3) ungrounded refusal to satisfy a request;

4) failure to publish information;

5) provision or promulgation of false, inaccurate or incomplete information;

6) untimely provision of information;

7) ungrounded limitation of access to information;

8) failure to register documents;

9) deliberate withholding or destruction of information or documents.

The Code on Administrative Offences of Ukraine provides an administrative liability for violation of information legislation.

According to the article 2123 of the Code on Administrative Offences of Ukraine unreasonable refusal to provide information or failure to provide complete information in due time and manner, or provision of false or misleading information, provided such information is to be delivered upon request of individuals or corporate entities, as established by the Laws of Ukraine «On Information», «On Access to Public Information», «On Citizens’ Appeals», «On Access to Court Decisions» and «On Grounds of Corruption Prevention and Counteraction» or upon advocate’s request, request of  Bar’s Commission of Qualification and Disciplinary, it’s Chamber or a member acсording to the Law of Ukraine «On the Bar and Legal Practice» shall entail imposing a penalty on officials.

According to the part 11 of the article 255 of the Code on Administrative Offences of Ukraine the prosecutor or his authorized representative from the staff of the Prosecutor office has a right to draw up protocols on such administrative offences.

Complaints on violation of legislation on information should be addressed to the Prosecutor office according to the Law of Ukraine “On Citizens’ Appeals”.

Prosecutor or his authorized representative from the staff of the Prosecutor office is authorized and obliged to inspect  possible violations of legislation on information and legislation on Citizens’ Appeals and if there are sufficient grounds to decide on drawing up a protocol on administrative offence.