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Procedure for preparing and filing a request for public information

Public information of the Ministry of Economy of Ukraine shall be provided in response to a request for public information.

To simplify the procedure for registration of requests for information, we suggest that you file a request by filling in the appropriate information request forms.

The information request may be filed:

at postal address: the Ministry of Economy of Ukraine, 12/2 Hrushevskoho St., Kyiv 01008;

at e-mail address: [email protected];

by fax: (044) 253-95-72;

by phone: (044) 253-61-36.

The request may be filed to the Ministry of Economy of Ukraine during working hours in accordance with the internal policies and procedures (Monday-Thursday from 09:00 am until 13:00 pm and from 13:45 pm until 18:00 pm, Friday from 09:00 am until 13:00 pm and from 13:45 pm until 16:45 pm).

An information request form can be obtained in the public reception of the Ministry of Economy of Ukraine at the address:

28 Druzhby Narodiv blvd., Kyiv 01103, Office 107, during opening hours of the public reception: Wednesday from 9:30 am until 13:00 pm.

If a person may not file a written request for serious reasons (disability, limited physical ability, etc.), the request shall be compiled by employees of a structural unit responsible for coordination of the work of the Ministry of Economy of Ukraine related to implementation of the Law of Ukraine On Public Information Access, indicating name, surname, patronymic name and phone number in the request, and forwarding a copy of the request to a person who filed it.

The request for information can be provided in an arbitrary form.

The request for information shall contain the following information:

surname, name, patronymic name (corporate name) of the requesting person, postal or e-mail address, as well as phone number (if any);

general description of information or type, title, details and contents of the requested document (if known to the requesting person);

signature and date (in case of written request).

Citizen’s rights stipulated by the Law of Ukraine On Public Information Access

According to Article 10 of the Law of Ukraine On Public Information Access, each person has the right to:

1) know during the period of gathering information, however prior to use thereof, which information about him/her is gathered and for what purpose, how, by whom and for what purpose it will be used, transferred or distributed, except in cases envisaged by law;

2) have an access to information about him/her which is gathered and kept;

3) demand correction of inaccurate, incomplete, outdated information about him/her, destruction of information about him/her which is gathered, used or kept in violation of the requirements of the law;

4) familiarize himself/herself based on the court decision with information about other persons, if it is necessary to exercise and protect rights and legitimate interests;

5) reimbursement of losses in case of disclosure of information about this person in violation of the requirements prescribed by the law.

According to Article 19 of the Law of Ukraine On Public Information Access, the requesting person has the right to apply to the information holder with a request for information, regardless of whether this information is personally related to him/her or not, without explaining the reason for the request.

According to Article 23 of the Law of Ukraine On Public Information Access, the requesting person has the right to appeal against:

1) refusal to satisfy the request for information;

2) delay in satisfaction of the request for information;

3) failure to provide a response to the request for information;

4) provision of inaccurate or incomplete information;

5) untimely provision of information;

6) information holder’s failure to fulfill obligation to disclose information in accordance with Article 15 of this Law;

7) other decisions, actions or omissions of information holders who violated legal rights and interests of the requesting person.

Refusal and delay in satisfaction of the request for public information

According to Article 22 of the Law of Ukraine On Public Information Access, the information holder has the right to refuse to satisfy the request in the following cases:

1) the information holder does not possess and is not obliged within his/her competence envisaged by the law to possess the requested information;

2) the requested information belongs to the category of information with restricted access in accordance with Part 2 of Article 6 of this Law;

3) the requesting person failed to pay actual costs related to copying or printing provided by Article 21 of the Law;

4) the requirements to the request for information stipulated by Part 5 of Article 19 of the Law are not met.

Information holder’s response stating that the requested information may be received by the requesting person from public sources or irrelevant response shall be deemed an unlawful refusal to provide information.

The information holder who does not possess the requested information, however who knows or must know who possesses it by status or nature of activity shall be obligated to forward the request to relevant information holder along with simultaneous notification of the requesting person. If this is the case, the time period for examination of the request for information commences on the day the request is received by the respective information holder.

The refusal to satisfy the request for information shall specify:

1) surname, name, patronymic name and position of a person responsible for examining the request by the information holder;

2) date of refusal;

3) reason of refusal;

4) the procedure for filing an appeal against refusal;

5) signature.

The refusal to satisfy the request for information shall be provided in writing.

Delay in satisfaction of the request for information shall be allowed in the event that the requested information may not be provided for familiarization in the periods stipulated by this Law due to force majeure circumstances. The decision on the postponement shall be communicated to the requesting person in writing, explaining the procedure for filing an appeal against the decision.

The decision to postpone satisfaction of the request for information shall specify:

1) surname, name, patronymic name and position of a person responsible for examination of the request by the information holder;

2) date of dispatch or delivery of a notice of postponement;

3) reasons for which the request for information may not be satisfied within the time period established by this Law;

4) deadline by which the request will be satisfied;

5) signature.

Appealing against decisions of the information holder or omissions

According to the Law of Ukraine On Public Information Access, the response to the request shall be provided no later than five business days upon receipt of the request. If the request relates to the provision of large amount of information or requires search for information in large amount of data, the time period for examination of the request may be extended to 20 business days with substantiation of such extension.

According to Article 23 of the Law On Public Information Access, decisions, actions or omissions of information holders may be appealed to supervisor of the information holder, higher competent authority or the court.

Appeals against decisions, actions or omissions of information holders to the court shall be filed in accordance with the Administrative Procedure Code of Ukraine.

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