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Ukraine

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 Information

IRM Review

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

Starred: Yes Starred

Early Results: Did Not Change Did Not Change

Design i

Verifiable: Yes

Relevant to OGP Values: Access to Information Public Accountability

Potential Impact:

Implementation i

Completion:

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.  

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,