Supervisory Mechanism for the Right to Information (UA0039)
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, Parliament's Ombudsman, International Renaissance Foundation, unspecified NGOs and international organisations
Policy Areas
Legislation & Regulation, Right to InformationIRM Review
IRM Report: Ukraine End-of-Term Report 2014-2016
Starred:
Yes
Early Results: Did Not Change
Design i
Verifiable: Yes
Relevant to OGP Values: Access to Information Public Accountability
Implementation i
Description
Developing and submitting to the Cabinet of Ministers of Ukraine in due course a draft law on exercising state supervision over enjoyment of the right to access to public information
IRM End of Term Status Summary
✪ 7. Right to information supervisory mechanism
Commitment Text: 7. Developing and submitting to the Cabinet of Ministers of Ukraine in due course a draft law on exercising state supervision over enjoyment of the right to access to public information.
Expected result: relevant draft law endorsed by the Cabinet of Ministers of Ukraine, submitted to the Verkhovna Rada of Ukraine, and followed up until adoption.
Lead institution(s): State Committee on TV and Radio Broadcasting
Supporting institution(s): Ministry of Justice, Parliament's Ombudsman, International Renaissance Foundation, unspecified NGOs and international organisations
Start Date: Not specified End Date: 31 December 2015
Commitment aim
In 2011, Parliament adopted a new Law on Access to Public Information. It did not provide for a separate mechanism for supervising its enforcement, notably through an extrajudicial review of complaints. Lack of the relevant provisions was one of the main deficiencies of the new law. The commitment aimed to address this deficiency by establishing a supervisory mechanism for enforcing the access to information provisions. This would enhance the right to access information, increase accountability of public authorities, and make the government more transparent.
Status
Midterm: Complete
The 2014 Law on Anti-Corruption Strategy of Ukraine for 2014-2017[Note 28: http://bit.ly/1LvuQWk. ] established as one of its policy directions setting up or designating a state authority to oversee implementation of the right to access information. Such authority would have to comply with standards of effectiveness and independence. From October 2014 to April 2015, a working group at the ombudsman’s office developed draft amendments to the Law on Access to Public Information, particularly in regard to the oversight authority. A joint EU and Council of Europe project provided assistance during the drafting process.[Note 29: Independent Reporting Mechanism (IRM) Progress Report 2014-15: Ukraine, 38-39.] The commitment reflected international standards[Note 30: See, for example, Article 19 of the Model Freedom of Information Law, the Council of Europe Convention on Access to Official Documents, and the Right to Information Global Rating Indicators.] and Ukraine’s commitment to its international partners. In addition to the OGP action plan, the enactment of amendments to the body overseeing access to information was one of the conditions for EU funding for Ukraine.[Note 31: Independent Reporting Mechanism (IRM) Progress Report 2014-15: Ukraine, 39.]
A group of MPs submitted the draft law, developed by experts, to Parliament in May 2015.[Note 32: http://bit.ly/1jy74C7. ] The relevant committee endorsed it, and the draft law awaited its consideration in the first reading. While the commitment stated that the government had to develop a relevant draft law, it can be viewed as completed because a group of MPs submitted the draft law to Parliament. The commitment did not require adoption or enforcement of the law.
The draft law identifies the ombudsman as an oversight authority for access to information, and assigns a range of powers to that office. Those powers include receiving and reviewing complaints on access to information violations; obtaining any information (documents) from any party, including classified information; obtaining explanation and other evidence; and issuing binding decisions on the disclosure of requested information or on addressing any other violation of the access to information legislation. Decisions of the ombudsman in this regard will be executed by the bailiff’s service, much like a court decision.
As written, the commitment was complete at the midterm. This is because the scope of the commitment did not include adoption or enforcement of the law. Since the midterm, there has been no further progress on the draft law in parliament.
Did it open government?
Access to information: Did not change
Public accountability: Did not change
The law was not adopted and, as such, did not change the status of government practice. If adopted, it could have a significant impact in terms of strengthening enforcement of the right of access to information in Ukraine. Citizens continue to face limited options for challenging access to information restrictions through administrative appeals to the public agency that violated the access rights. Appeals to a superior administrative agency have also proved ineffective, while judicial appeals are time consuming and costly. The supervisory mechanism envisioned by the draft law would fill this gap if it were passed into law.
Carried forward?
The commitment was not carried over to the new action plan. The IRM researcher recommends adopting as soon as possible the draft law pending in Parliament, and ensuring its implementation. The draft law will vest significant additional powers and responsibilities in the ombudsman office, which should be matched with commensurate resources. The government will need to ensure that relevant funding is allocated in the state budget, and that the ombudsman has the necessary human and other capacities to implement the law and process complaints related to alleged violations of the access to information legislation. In the midterm, public authorities should explore the possibility of amending the Constitution of Ukraine to allow the establishment of a stand-alone oversight agency with enforcement powers to relieve the ombudsman of this function. Such an agency could also oversee respect for the right of personal data protection, which is often related to access to information.
Commitments
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Infrastructure Data Portal
UA0070, 2018, E-Government
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Open Standard for e-System
UA0071, 2018, E-Government
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Ensuring Openness and Transparency of Selling Public Assets and Property
UA0072, 2018, E-Government
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Transparency in Public Procurement (Prozorro)
UA0073, 2018, E-Government
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Awarenss Raising About Social and Economic Development
UA0074, 2018, Aid
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e-Calls for Proposals to Support CSOs
UA0075, 2018, Civic Space
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Beneficial Ownership Registry
UA0076, 2018, Beneficial Ownership
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Anti-Corruption Training
UA0077, 2018, Anti-Corruption Institutions
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Publishing Environmental Information
UA0078, 2018, E-Government
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Database of Natural Resources
UA0079, 2018, E-Government
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Interactive Map of Mines
UA0080, 2018, E-Government
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Priority Electronic Services
UA0081, 2018, Citizenship and Immigration
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Online Platform for Executive Bodies and CSOs
UA0082, 2018, Civic Space
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EITI Online Data
UA0083, 2018, E-Government
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Electronic Resources for Education
UA0084, 2018, E-Government
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Online Verification of Education Certificates
UA0085, 2018, E-Government
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Free Access to National Repository for Academic Texts
UA0086, 2018, E-Government
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Administrative Service Decentrilisation and Improvement
UA0057, 2016, Capacity Building
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United State Portal Extension; Electronic Government Information Services Unification; Modern Tools for Electronic Identification
UA0058, 2016, Capacity Building
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System for Entities Performing Government Functions
UA0059, 2016, Capacity Building
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Free Urban Planning Documentation
UA0060, 2016, E-Government
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Beneficial Ownership Verification System
UA0061, 2016, Beneficial Ownership
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CoST Beneficial Ownership Standards
UA0062, 2016, E-Government
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Transpartent Budget System
UA0063, 2016,
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Open Public Procurement
UA0064, 2016, Capacity Building
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Extractive Industries Transparency Initiative
UA0065, 2016, Extractive Industries
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Environmental Public Monitoring
UA0066, 2016, Environment and Climate
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Community Policing System
UA0067, 2016, Education
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Draft Law on Public Consultations
UA0068, 2016, Legislation & Regulation
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Development of E-Democracy.
UA0069, 2016, Money in Politics
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Improve Government Rules on CSO Involvement
UA0031, 2014, E-Government
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Financing of Charities
UA0032, 2014, Civic Space
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Not-For-Profit Status for CSOs
UA0033, 2014, Civic Space
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Public Participation Law
UA0034, 2014, E-Government
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Establishing Rules on Processing Official Information
UA0035, 2014, E-Government
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Access to Urban Planning Documents
UA0036, 2014, E-Government
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Access to Communist-Era Archives
UA0037, 2014, Legislation & Regulation
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Draft Law on Open Data
UA0038, 2014, Legislation & Regulation
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Supervisory Mechanism for the Right to Information
UA0039, 2014, Legislation & Regulation
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Compliance with EITI
UA0040, 2014, Extractive Industries
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Monitoring of Infrastructure Projects
UA0041, 2014, Anti-Corruption Institutions
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Adopt Regional Anti-Corruption Programmes
UA0042, 2014, Anti-Corruption Institutions
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Corruption Risk Assessment Methodology
UA0043, 2014, Anti-Corruption Institutions
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Asset Disclosure on a Single Web Portal
UA0044, 2014, Asset Disclosure
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Law on Administrative Procedure
UA0045, 2014, Legislation & Regulation
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Law on Streamlining Payment of Administrative Fees
UA0046, 2014, E-Government
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Administrative Services Portal
UA0047, 2014, E-Government
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Draft Law on Decentralisation of Administrative Services
UA0048, 2014, Legislation & Regulation
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Draft Law on Social Services
UA0049, 2014, E-Government
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e-Government Laws
UA0050, 2014, E-Government
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Electronic Readiness Assessment
UA0051, 2014, E-Government
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Government Regulations on Open Data
UA0052, 2014, E-Government
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Electronic Democracy Development Roadmap
UA0053, 2014, E-Government
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Open Budget Initiatives
UA0054, 2014, E-Government
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e-Petitions
UA0055, 2014, E-Government
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e-Governance Training for Local Government
UA0056, 2014, Capacity Building
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Laws on Public Participation
UA0001, 2012, Civic Space
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Amendments to the Law on Community Associations
UA0002, 2012, Civic Space
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Amendments to Resolutions on Collaboration with Civil Society
UA0003, 2012, E-Government
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Training for Public Servants on Consultations
UA0004, 2012, Capacity Building
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Harmonisation of Access to Information Laws
UA0005, 2012, E-Government
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By-Laws on Access to Information
UA0006, 2012, Legislation & Regulation
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Guidelines for Classifying Data
UA0007, 2012, Public Participation
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Public Information Recording Systems
UA0008, 2012, Records Management
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Law on Public Broadcasting
UA0009, 2012, Civic Space
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Public Access to Information in State Registers
UA0010, 2012, E-Government
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Extractive Industries Transparency Initiative
UA0011, 2012, E-Government
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Law for Controlling Declarations of Public Servants
UA0012, 2012, Asset Disclosure
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Public Declarations of Officials’ Assets
UA0013, 2012, Asset Disclosure
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Guidelines on Conflicts of Interest
UA0014, 2012, Conflicts of Interest
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Updated Anti-Corruption Laws
UA0015, 2012, E-Government
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Regional Anti-Corruption Programmes
UA0016, 2012, E-Government
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Law on Competitive e-Government Procurement
UA0017, 2012, E-Government
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Administrative Services Reforms
UA0018, 2012, E-Government
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Electronic Access to Administrative Services
UA0019, 2012, E-Government
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Governmental Web Portal of Administrative Services
UA0020, 2012, E-Government
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Administrative Services in a Digital Format
UA0021, 2012,
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Regional Administrative Service Centres
UA0022, 2012, Public Service Delivery
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Programme for Promotion of e-Government
UA0023, 2012, E-Government
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Electronic Collaboration Between Executive Agencies
UA0024, 2012,
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Web-Based Petitions System
UA0025, 2012,
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One Stop Shop for e-Reporting
UA0026, 2012, E-Government
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e-Region Pilot Project
UA0027, 2012, E-Government
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Network of e-Government Practitioners
UA0028, 2012, Public Participation
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Public Libraries as Bridges Towards e-Governance
UA0029, 2012, E-Government
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e-Government Knowledge Management Portal
UA0030, 2012,