Verkhovna Rada has refused to promulgate information about officials of the Apparatus and indicate their salaries, referring to the fact that the document is for internal use only and is not subject to disclosure. OPORA has filed a lawsuit against the Apparatus of the Verkhovna Rada of Ukraine demanding to recognize the refusal to provide requested information as unlawful.
On March 27, Civil Network OPORA had requested a copy of the lists of employees of the Apparatus of the Verkhovna Rada of Ukraine, effective as of the date of answer, including all details of its structural subdivisions, positions of the Apparatus of the Verkhovna Rada of Ukraine, and amounts of salaries for every position.
The Apparatus of the Verkhovna Rada has provided an answer: "lists of employees – is internal document and shall not be disclosed upon request."
However, we should remind that in January 2012, Kyiv District Administrative Court considered an identical case –the Ministry of Justice refused to provide lists of employees to the Department of International Law and Cooperation, and European Integration Office of this department. The reason was similar to those given to OPORA by the Apparatus of the Verkhovna Rada. The Court had ruled: to consider a refusal of the Ministry of Justice of Ukraine as unlawful and to provide copies of requested by a plaintiff documents.
The Ministry of Justice filed a cassation complaint to the Supreme Administrative Court. It was rejected with the following explanation: salaries for employees of the Ministry of Justice of Ukraine are financed out of the state budget; lists of employees doesn't include any personal information of personnel included to the list, and, therefore, is not classified or restricted. HAC had ruled – to leave the decision taken by the court of first instance unchanged.
It is also worth to be mentioned that Yuliia Bankova, the journalist of the Dear Deputies TV program which is broadcased on the TVi Channel, sent similar request to the Apparatus of the Verkhovna Rada with a reference to the abovementioned decisions of courts. Nevertheless, the journalist received the same answer as OPORA.
On April 12, Kyiv District Administrative Court has started proceedings in the administrative case against the Apparatus of the Verkhovna Rada, brought by the Civil Network OPORA. OPORA has filed a lawsuit against the Apparatus of the VR demanding to recognize the refusal to provide requested information as unlawful and oblige to provide the corresponding information. Preliminary hearing of the corresponding case is to be held on April 25 at 14.00 in the premises of the Kyiv District Administrative Court at the address: Khreshchatyk Str. 10, III floor, hall No. 7