Implementation of laws regulating access to public information has a direct influence on accountability and transparency of public authorities. Moreover, access to public information constitutes Constitutional rights and liberties of Ukrainian citizens.
Decision of the Higher Administrative Court of Ukraine (of 9 February 2016) obliging the Apparatus of the Verkhovna Rada to provide OPORA a copy of its manning table is an important and unprecedented step towards guaranteeing the access to public information.
Yet on 27 march 2013, Civil Network OPORA AUNGO sent the Apparatus of the Verkhovna Rada of Ukraine a request for public information, particularly a copy of its manning table including all the structural subdivisions, positions and salaries for every position. However, Head of the Apparatus of the Verkhovna Rada of Ukraine refused to provide the requested data on 4 April 2013. Explanation for the refusal was that the requested document is an internal organizational act and shall not be disclosed upon a request. However, OPORA believes this refusal violates the right for access to public information guaranteed by the Law of Ukraine on Access to Public Information of 13 January 2011.
Thus, OPORA appealed to the Kyiv District Administrative Court the same month demanding to recognize the refusal (given by the Apparatus of the Verkhovna Rada of Ukraine on 4 April 2013) to provide requested information as unlawful and oblige the Apparatus of the Verkhovna Rada of Ukraine to provide a copy of its manning table to OPORA.
Manning table of the Apparatus of the Verkhovna Rada of Ukraine is a document created during realization of Ukrainian Parliament's duties and is maintained by the Apparatus of the Verkhovna Rada of Ukraine. Apparatus of the Verkhovna Rada of Ukraine is responsible for administering such information. Taking into consideration the aforementioned, the judges decided to satisfy OPORA's appeal, as long as salaries for employees of the Apparatus are financed out of the state budget and lists of employees don't include any personal information of the corresponding personnel. Therefore, such information is not classified or restricted.
Thus, both District Administrative Court (on 8 July) and Kyiv Administrative Court of Appeals (on 24 September 2013) satisfied OPORA's claims and recognized the refusal of Apparatus of the Verkhovna Rada as unlawful.
Apparatus of the Verkhovna Rada has filed a cassation appeal, claiming that the courts violated regulations of substantive and procedural law and that their decisions should be canceled.
Judge panel of the Supreme Administrative Court of Ukraine studied the case file and the corresponding decisions of courts, and rejected the cassation appeal on 9 February 2016. Thus, the decisions of courts were left unchanged.
As a result, Civil Network OPORA has defended its right for access to public information through courts. OPORA is waiting to receive a copy of manning table from the Apparatus of the Verkhovna Rada of Ukraine, effective as of the date of its sending.
Extra information:
According to the Article 1(1) of the Law of Ukraine on Access to Public Information, public information is information received or created in any form by public authorities whilst implementation of their duties under the effective legislation, or is kept by public authorities or other bodies maintaining public information under this Law.
Decision of the Supreme Administrative Court of Ukraine (of 9 February 2016)
Reference:
The Civil Network OPORA - is a non-governmental, non-political and financially independent all-Ukrainian network of activists. We united to enhance public participation in the political process by developing and implementing models of citizen participation in the activities of state and local governments.