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Salus populi suprema lex . Marcus Tullius Cicero

Public information accounting system of the Ministry of Defense of Ukraine was due to be created in February 2012, despite the fact that it is not created even today, the courts do not consider such omission as unlawful
Monday, 04 November 2013 20:15

23160 District Administrative Court of Kyiv and Kyiv Appeal Administrative Court came to such decisions in 2013.

Inaction of the Ministry of Defense (the Defendant) was challenged in court by the Expert Advisory Centre "Legal Analytics" (the EACLA, the Plaintiff), who monitored performance of the Cabinet of Ministry’s Resolution which obliged public authorities to create public information accounting systems.

The director of the EACLA Mariana Bulgakova commented: "We believe that these court rulings are illegal, because in fact public information accounting system of the Ministry of Defense does not exist. The courts do not consider this fact in their decisions and refer to the section of the Defendant’s website "Access to Public Information", despite the fact that this section contains notification "system of accounting information", which is empty and does not contain any information. So no system or any other information is provided, there is the only text sign "Information is being updated".

As the program manager of the EACLA Andriy Petriv mentioned: "Despite the fact that the establishment, operation and maintenance of public information accounting system is responsibility of the Defendant and this fact was established by the Court, unlawful inaction of the Ministry of Defense in connection with failure to create public information accounting system occurred not only in 2012 but continues in 2013, and therefore the Defendant should be obliged by court to take adequate measures to establish public information accounting system."

Thus the Plaintiff filed an appeal against the decision of the District Administrative Court of Kyiv and Kyiv Appeal Administrative Court ruling and asked to recognize unlawful omission of the Ministry of Defense of Ukraine in connection with failure to create public information accounting system, and to order the Ministry of Defense of Ukraine to take sufficient measures to provide public access to its public information accounting system.