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Failure to create public information accounting system by the Ministry appealed to the сourt
Friday, 08 February 2013 20:53

23160

On 01.02.2013 District Administrative Court of Kyiv opened a proceeding in administrative case to the Ministry of Defense of Ukraine (Ministry) because of failure to establish public information accounting system.

The lawsuit was initiated by the Expert Advisory Center "Legal analytics" (EACLA), that monitors establishment of public information accounting systems by governmental agencies under the project "Information about public figures and establishment of public information accounting systems", supported by International Renaissance Foundation.

The cause of action is violation by the Ministry of right on access to information because of failure to create public information accounting system.

Project manager Mariana Bulgakova indicated that according to the Law of Ukraine “On access to public informationall documents in possession of governmental agencies shall be registered in public information accounting systems. Thus the Cabinet of Ministers adopted a Regulation, which obliged governmental agencies to create public information accounting systems until February 21, 2012. However, as for February 7, 2013, public information accounting system is not availableon the Ministry’s website.

The expert of the center Andriy Petriv said that "the Ministry gave incorrect information, as in one letter they responded that the public information accounting system is not created due to lack of funds, but it is in the process of creating of such a system, which is planned to be established till the end of 2012. However, in the second letter of the Ministry they responded that establishing system in the Ministry is considered as inappropriate in 2012. Thus the Ministry has provided absolutely different information in the next letter.

Therefore, the court will consider the issue of unlawful inaction of the ministry because of failure to create public information accounting system and obliging the Ministry to take steps to create such system and make it publicly available. Also the EACLA asked the court to recognize unlawful providing misleading (incorrect) information by the Ministry on reported actions about creating public information accounting system.

For more information please contact the project manager M. Bulgakova and expert A. Petriv: This e-mail address is being protected from spambots. You need JavaScript enabled to view it , P.O.Box 3060, Lviv-17