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Ukraine

Draft Law on Open Data (UA0038)

Overview

At-a-Glance

Action Plan: Ukraine Second Action Plan 2014-2015

Action Plan Cycle: 2014

Status: Inactive

Institutions

Lead Institution: State Committee on Television and Radio Broadcasting

Support Institution(s): Ministry of Justice, Ministry of Regional Development, State Statistics Committee, Administration of the State Service for Special Communications and Information Protection, State Agency on E-Governance, the United Nations Development Programme (UNDP), International Renaissance Foundation, other unspecified NGOs and international organisations

Policy Areas

Legislation & Regulation, Open Data, Right to Information

IRM Review

IRM Report: Ukraine End-of-Term Report 2014-2016

Starred: Yes Starred

Early Results: Outstanding Outstanding

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Technology

Potential Impact:

Implementation i

Completion:

Description

Developing and submitting to the Cabinet of Ministers of Ukraine in due course a draft law on amending some legislative acts of Ukraine on access to information in the form of open data and reuse of information

IRM End of Term Status Summary

6. Open data draft law

Commitment Text: 6. Developing and submitting to the Cabinet of Ministers of Ukraine in due course a draft law on amending some legislative acts of Ukraine on access to information in the form of open data and reuse of information.

Commitment 20. Open data regulations

Commitment Text: 20. Preparing and submitting to the Cabinet of Ministers of Ukraine in due course proposals on the development of a procedure for disclosure of open governmental data on the Internet.

Editorial Note: These two commitments are evaluated together since they relate to the same subject.

Lead institution(s): State Committee on TV and Radio Broadcasting (Commitment 6); State Agency on E-Governance (Commitment 20)

Supporting institution(s): Ministry of Justice, Ministry of Regional Development, State Statistics Committee, Administration of the State Service for Special Communications and Information Protection, State Agency on E-Governance, the United Nations Development Programme (UNDP), International Renaissance Foundation, other unspecified NGOs and international organisations (commitment 6); Ministry of Regional Development, State Committee on TV and Radio Broadcasting, State Archive Service, National Centre for E-Governance of the State Company  Derzhinformresurs, UNDP, International Renaissance Foundation, other unspecified NGOs and international organisations (Commitment 20)

Start Date: Not specified                                End Date: 31 December 2015 (Commitment 6);                                                                                                31 May 2015 (Commitment 20)

Commitment aim

Prior to the commitment, Ukrainian legislation lacked provisions for machine-readable data as well as their proactive publication by authorities and re-use by private actors. Both commitments aimed to develop a legal framework for public access to information held by public authorities in an open data form and in machine-readable formats. This was supposed to boost investment and create a new data-driven sector of the economy.

Status

Midterm: Completed

The commitment to develop a draft of the Law on Access to Public Information in Open Data Form was fully completed. The draft law was developed with the support of the UNDP at the end of 2014. The president submitted the draft law[Note 95: http://bit.ly/1MwZ63f. ] to Parliament, which passed the law in April 2015. Initially, the government planned to develop its own regulations on open data. However, since the law was passed swiftly, it developed, instead, relevant regulations to implement the new provisions. Government regulations (adopted in October 2015) defined the minimum list of datasets (more than 300) to be disclosed by various public agencies (not only those subordinated to the government, but also the parliament, judiciary, and national bank) on their websites and the government’s open data web portal. They also determined the procedure for publishing open data and the requirements for data formats.[Note 96: Ibid, 68.]

End of term: Completed

In October 2015, the government adopted regulations on open datasets and procedures for their publication. In September 2016, the government agreed to adhere to the International Open Data Charter,[Note 97: http://bit.ly/2jadLON. ] and instructed the E-Governance Agency to develop an action plan to implement the Charter. In November 2016, the government assumed regulations on the Unified State Open Data Web Portal,[Note 98: http://bit.ly/2iEA9g8. ] and the Ministry of Regional Development adopted a Roadmap for Open Data Development in February 2016.[Note 99: http://bit.ly/1XnhtPa. ] As of December 2016, the government open data web portal (http://data.gov.ua) contained more than 9,700 datasets, all of which were uploaded by some 1,000 public authorities that hold information.

Did it open government?

Access to Information: Outstanding

The commitments aimed to introduce in Ukrainian law, for the first time, regulations on the reuse of public sector information in open data formats. The law on open data was potentially transformative insofar as it established the basic legal framework for public access to open datasets (i.e., information in machine-readable formats), and allowed for their free reuse. Regulations providing procedures of open data disclosure also represented a major step in implementing the new law.

The law provided for both passive and active access to open data information. Any person can submit a request to obtain certain datasets available from a public agency. Agencies also proactively began publishing information in open data format on their websites, which simultaneously submitted it to a central depository (i.e., the government-operated web portal of open data, http://data.gov.ua/). The law introduced important principles for open data reuse. That is, it allowed further use of open datasets free of charge and for any purpose, provided the source of information is cited. Unlike in many other countries, Ukrainian law allows free, non-paid commercial use of government-held open data information.

The State Agency on E-Governance maintains the central open data web portal.[Note 100: Data.gov.ua. ] This portal was created from a website developed by civil society actors. In addition to the central government’s deposits of open datasets, several public authorities have started publishing information they hold in machine-readable formats. For example, Parliament posted material on its open data web portal, http://opendata.rada.gov.ua; the Ministry of Justice published a number of public registers it maintains;[Note 101: http://bit.ly/2hTrLux.%5D Tax Administration publicised various tax-related datasets;[Note 102: http://bit.ly/2j5vzqg. ] and the register of e-declarations of public officials[Note 103: http://bit.ly/2iJ8qgz. ] and public finances and their use (see http://spending.gov.ua; etc.) are available online. Civil society organisations and government agencies have organised several public contests (hackathons, etc.) to develop IT tools using available government open data (e.g., http://egap-challenge.in.ua).

Carried forward?

The commitments were completed, and were not carried over to the next action plan.


Ukraine's Commitments

  1. Infrastructure Data Portal

    UA0070, 2018, E-Government

  2. Open Standard for e-System

    UA0071, 2018, E-Government

  3. Ensuring Openness and Transparency of Selling Public Assets and Property

    UA0072, 2018, E-Government

  4. Transparency in Public Procurement (Prozorro)

    UA0073, 2018, E-Government

  5. Awarenss Raising About Social and Economic Development

    UA0074, 2018, Aid

  6. e-Calls for Proposals to Support CSOs

    UA0075, 2018, Civic Space

  7. Beneficial Ownership Registry

    UA0076, 2018, Beneficial Ownership

  8. Anti-Corruption Training

    UA0077, 2018, Anti-Corruption Institutions

  9. Publishing Environmental Information

    UA0078, 2018, E-Government

  10. Database of Natural Resources

    UA0079, 2018, E-Government

  11. Interactive Map of Mines

    UA0080, 2018, E-Government

  12. Priority Electronic Services

    UA0081, 2018, Citizenship and Immigration

  13. Online Platform for Executive Bodies and CSOs

    UA0082, 2018, Civic Space

  14. EITI Online Data

    UA0083, 2018, E-Government

  15. Electronic Resources for Education

    UA0084, 2018, E-Government

  16. Online Verification of Education Certificates

    UA0085, 2018, E-Government

  17. Free Access to National Repository for Academic Texts

    UA0086, 2018, E-Government

  18. Administrative Service Decentrilisation and Improvement

    UA0057, 2016, Capacity Building

  19. United State Portal Extension; Electronic Government Information Services Unification; Modern Tools for Electronic Identification

    UA0058, 2016, Capacity Building

  20. System for Entities Performing Government Functions

    UA0059, 2016, Capacity Building

  21. Free Urban Planning Documentation

    UA0060, 2016, E-Government

  22. Beneficial Ownership Verification System

    UA0061, 2016, Beneficial Ownership

  23. CoST Beneficial Ownership Standards

    UA0062, 2016, E-Government

  24. Transpartent Budget System

    UA0063, 2016,

  25. Starred commitment Open Public Procurement

    UA0064, 2016, Capacity Building

  26. Starred commitment Extractive Industries Transparency Initiative

    UA0065, 2016, Extractive Industries

  27. Environmental Public Monitoring

    UA0066, 2016, Environment and Climate

  28. Community Policing System

    UA0067, 2016, Education

  29. Draft Law on Public Consultations

    UA0068, 2016, Legislation & Regulation

  30. Development of E-Democracy.

    UA0069, 2016,

  31. Improve Government Rules on CSO Involvement

    UA0031, 2014, E-Government

  32. Financing of Charities

    UA0032, 2014, Civic Space

  33. Not-For-Profit Status for CSOs

    UA0033, 2014, Civic Space

  34. Public Participation Law

    UA0034, 2014, E-Government

  35. Establishing Rules on Processing Official Information

    UA0035, 2014, E-Government

  36. Access to Urban Planning Documents

    UA0036, 2014, E-Government

  37. Starred commitment Access to Communist-Era Archives

    UA0037, 2014, Legislation & Regulation

  38. Starred commitment Draft Law on Open Data

    UA0038, 2014, Legislation & Regulation

  39. Starred commitment Supervisory Mechanism for the Right to Information

    UA0039, 2014, Legislation & Regulation

  40. Compliance with EITI

    UA0040, 2014, Extractive Industries

  41. Monitoring of Infrastructure Projects

    UA0041, 2014, Anti-Corruption Institutions

  42. Adopt Regional Anti-Corruption Programmes

    UA0042, 2014, Anti-Corruption Institutions

  43. Corruption Risk Assessment Methodology

    UA0043, 2014, Anti-Corruption Institutions

  44. Starred commitment Asset Disclosure on a Single Web Portal

    UA0044, 2014, Asset Disclosure

  45. Law on Administrative Procedure

    UA0045, 2014, Legislation & Regulation

  46. Law on Streamlining Payment of Administrative Fees

    UA0046, 2014, E-Government

  47. Administrative Services Portal

    UA0047, 2014, E-Government

  48. Draft Law on Decentralisation of Administrative Services

    UA0048, 2014, Legislation & Regulation

  49. Draft Law on Social Services

    UA0049, 2014, E-Government

  50. e-Government Laws

    UA0050, 2014, E-Government

  51. Electronic Readiness Assessment

    UA0051, 2014, E-Government

  52. Government Regulations on Open Data

    UA0052, 2014, E-Government

  53. Electronic Democracy Development Roadmap

    UA0053, 2014, E-Government

  54. Open Budget Initiatives

    UA0054, 2014, E-Government

  55. e-Petitions

    UA0055, 2014, E-Government

  56. e-Governance Training for Local Government

    UA0056, 2014, Capacity Building

  57. Laws on Public Participation

    UA0001, 2012, Civic Space

  58. Amendments to the Law on Community Associations

    UA0002, 2012, Civic Space

  59. Amendments to Resolutions on Collaboration with Civil Society

    UA0003, 2012, E-Government

  60. Training for Public Servants on Consultations

    UA0004, 2012, Capacity Building

  61. Harmonisation of Access to Information Laws

    UA0005, 2012, E-Government

  62. By-Laws on Access to Information

    UA0006, 2012, Legislation & Regulation

  63. Guidelines for Classifying Data

    UA0007, 2012, Public Participation

  64. Public Information Recording Systems

    UA0008, 2012, Records Management

  65. Law on Public Broadcasting

    UA0009, 2012, Civic Space

  66. Public Access to Information in State Registers

    UA0010, 2012, E-Government

  67. Starred commitment Extractive Industries Transparency Initiative

    UA0011, 2012, E-Government

  68. Law for Controlling Declarations of Public Servants

    UA0012, 2012, Asset Disclosure

  69. Public Declarations of Officials’ Assets

    UA0013, 2012, Asset Disclosure

  70. Guidelines on Conflicts of Interest

    UA0014, 2012, Conflicts of Interest

  71. Updated Anti-Corruption Laws

    UA0015, 2012, E-Government

  72. Regional Anti-Corruption Programmes

    UA0016, 2012, E-Government

  73. Law on Competitive e-Government Procurement

    UA0017, 2012, E-Government

  74. Starred commitment Administrative Services Reforms

    UA0018, 2012, E-Government

  75. Electronic Access to Administrative Services

    UA0019, 2012, E-Government

  76. Governmental Web Portal of Administrative Services

    UA0020, 2012, E-Government

  77. Administrative Services in a Digital Format

    UA0021, 2012,

  78. Starred commitment Regional Administrative Service Centres

    UA0022, 2012, Public Service Delivery

  79. Programme for Promotion of e-Government

    UA0023, 2012, E-Government

  80. Electronic Collaboration Between Executive Agencies

    UA0024, 2012,

  81. Web-Based Petitions System

    UA0025, 2012,

  82. One Stop Shop for e-Reporting

    UA0026, 2012, E-Government

  83. e-Region Pilot Project

    UA0027, 2012, E-Government

  84. Network of e-Government Practitioners

    UA0028, 2012, Public Participation

  85. Public Libraries as Bridges Towards e-Governance

    UA0029, 2012, E-Government

  86. e-Government Knowledge Management Portal

    UA0030, 2012,