Filing and submitting information requests. Challenging decisions of the information owner, his acts or omissions
Pursuant to Articles 19-21 of the Law of Ukraine "On Access to Public Information", an information request is a person’s request to an information owner for furnishing of public information vested in the possession of the latter.
The requesting party has a right to approach the information owner with its information request irrespectively of whether this information relates to it personally or not, without any further explanations of the reasons for such a request.
Information requests can be individual or collective. These can be submitted orally, in writing or any other manner (by regular mail, fax, telephone or e-mail), at the discretion of the requesting party.
A written request can be submitted in any format.
The information request shall contain:
- the name (title) of a requesting party, its mailing address or e-mail, as well as the number of a means of communication, if there is any;
- general description of the information, or type, name, details or content of the document constituting the subject of the request, if such information is known to the requesting party;
- signature and date - for requests filed in a written form.
To simplify the procedure for filing written information requests, the requesting party can submit a request through completing respective information request forms that can be obtained from the information owner and on the official web-site of the respective information owner.
If for some good reason (disability, or restricted physical ability etc.) the requesting party is unable to submit a written request, it should be filed by a person in charge for information requests, name and contacts of the responsible person to be specified and a copy of the information request to be provided to the requesting party.
The information owner shall provide a response to the information request not later that within five days from the date the request was received.
In cases when an information request is related to any information required to protect life or freedom of a person, to environmental conditions, to quality of food and household items, to accidents, disasters, dangerous natural phenomena and other emergencies, that have taken or can take place and thus threaten public safety, then the response should be provided within 48 hours from the date the request was received.
A motion for urgent processing of a request should be well-reasoned.
If a request implies providing of a substantial scope of information, or requires an extended information search among a vast scope of data, the information owner has a right to extend the request processing up to 20 working days giving reasoning for such extension. The information owner shall inform the requesting party of such extension in a written form within five working days from the date the request was received.
The requested information shall be provided free of charge.
In case the information request implies producing copies of documents over 10 pages, the requesting party shall reimburse for the actual cost of copying and printing.
The amount of actual costs of copying and printing shall be specified by the respective information owner within the limits established by the Cabinet of Ministers of Ukraine. In case the information owner does not specify the amount charged for copying or printing, the information shall be provided free of charge.
All decisions, acts and omissions of the information owners can be challenged with the chief executive officer of the information owner, with a superior authority (Ministry of Energy and Coal Industry of Ukraine) or with the court.
The requesting party has the right to challenge the following:
- a refusal to satisfy an information request;
- a delay in satisfying the information request;
- failure to provide a response to an information request;
- providing of incorrect or incomplete information;
- late delivery of information;
- failure of the information owner to meet the obligation on information disclosure pursuant to Article 15 of the Law;
- other decisions, acts or omissions of the information owners that violate lawful rights and interests of the requesting party.
Whenever decisions, acts or omissions of the information owners are challenged with the court, the Code of Administrative Court Procedure of Ukraine applies.
For any queries on the activities of SE NNEGC “Energoatom” please contact us at:
(Tel./Fax) +380 (44) 277-78-83
e-mail: firstname.lastname@example.org,; email@example.com
Mailing address of SE NNEGC “Energoatom”: 3 Nazarivska Street, Kyiv, 01032, Ukraine