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Members of Parliament are not taken to responsibility for violations of the legislation on access to information
Thursday, 28 February 2013 20:25

deputies

Press Release

General Prosecutor’s Office of Ukraine informed that they do not carry supervision over compliance with the laws of Parliament (Verkhovna Rada) of Ukraine and its officials.

Such information was received on the complaint of Expert Advisory Centre "Legal Analytics" (EACLA) to General Prosecutor’s Office of Ukraine during realization of the project "Information about public figures and implementing public information accounting systems" with the support of International Renaissance Foundation. The complaint to the General Prosecutor’s Office was connected with the parliamentarians’ failure to provide information of public interest on recent declaration of their incomes.

According to the Laws of Ukraine "On Public Appeals", "On the Status of National Deputy of Ukraine", "On Information", "On Principles of Prevention and Combating Corruption" national deputies of Ukraine shall provide information on appeals. Control over implementation of this legislation should be carried by prosecutor’s office. In practice, the experience of the organization proved, that, when national deputies of parliament do not provide answers to the requests, prosecutor's office do not react on such inaction, although penalties for violations of the above laws in Ukraine are imposed by prosecutor’s office.

As the director of "Legal Analytics" Mariana Bulgakova mentioned "regardless of violation of legislation on access to information and public appeals, MPs are not penalized; consequently, the requirements of the Administrative Code and the Law "On Prevention and Combating Corruption" are actually ignored. Responsibility of MPs in this area is not regulated by the law "On the Status of National Deputy of Ukraine" either".

Expert of the EACLA Andriy Petriv believes that "possible way to protect the right to information of public interest in this situation is filing a lawsuit; and, in the case of failure to protect the rights on access to information by the Ukrainian justice, there are ground for filing an appeal to the European Court of Human Rights, since the requested information is of public interest and therefore is open".

Thus, because of uncertainty of legal norms, conflict between certain provisions of current legislation, there are prerequisites for failure to implement the legislation on access to information by members of Parliament in Ukraine as such violations can be ignored. The need for a clear settlement of mechanism for responsibility of MPs for their illegal actions or inaction is obvious, and therefore it is necessary to amend the legislation, but ironically development and improvement of legislation depends mostly on members of parliament...

For more information contact:

Mariana Bulgakova ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ),

Andriy Petriv ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it )

Tel.: 032-2257718, P/O Box 3060, Lviv-17, Ukraine.