Document from CIS Legislation database © 2003-2019 SojuzPravoInform LLC


of January 13, 2011 No. 2939-VI

About access to public information

(The last edition from 09-04-2015)

This Law determines procedure and providing the right of everyone to information access which is in property of subjects of powers of authority, other managers of public information determined by this Law and information which is of public interest.

Section I. General provisions

Article 1. Public information

1. Public information is the information displayed and documented by all means and on any carriers which was received or created in the course of accomplishment by subjects of powers of authority of the obligations provided by the current legislation or which is in property of subjects of powers of authority, other managers of public information determined by this Law.

2. Public information is open, except the cases established by the law.

Article 2. Purpose and coverage of the Law

1. The purpose of this Law is ensuring transparency and openness of subjects of powers of authority and creation of mechanisms of realization of the right of everyone to access to public information.

2. This Law does not extend to the relations concerning receipt of information by subjects of powers of authority when implementing of the functions by them, and also to the relations in the field of addresses of citizens which are regulated by the special law.

Article 3. Guarantees of providing right to access to public information

1. The right to access to public information is guaranteed:

1) obligation of managers of information to provide and promulgate information, except the cases provided by the law;

2) determination by the manager of information of the special structural divisions or officials organizing in accordance with the established procedure access to public information which he possesses;

3) maximum simplification of the procedure of provision of request and receipt of information;

4) access to meetings of joint subjects of powers of authority, except cases, stipulated by the legislation;

5) implementation of parliamentary, public and state control over observance of the rights to access to public information;

6) legal responsibility for violation of the legislation on access to public information.

Article 4. Principles of ensuring access to public information

1. Access to public information according to this Law is provided on the principles:

1) transparency and openness of activities of subjects of powers of authority;

2) free receipt, distribution and any other use of the information provided or promulgated according to this Law except the restrictions established by the law;

3) equality, irrespective of signs of race, political, religious and other convictions, floor, ethnic and social origin, property condition, the residence, language or other signs.

Section II. Procedure for information access

Article 5. Ensuring access to information

1. The information access is provided in the way:

1) systematic and operational promulgation of information:

in official printing publications;

on official websites on the Internet;

on the single state web portal of open data;

at information stands;

any different way;

2) provisions of information on requests for information.

Article 6. Public information with limited access

1. Information with limited access is:

1) confidential information;

2) classified information;

3) office information.

2. Access restriction to information is performed according to the law in case of respect for set of such requirements:

1) only for the benefit of homeland security, territorial integrity or public order, for the purpose of prevention of conflicts or crimes, for public health care, for protection of reputation or the rights of other people, for prevention of disclosure of information obtained confidentially or for maintenance of the authority and impartiality of justice;

2) disclosure of information can do essential harm to these interests;

3) the damage from promulgation of such information exceeds public interest in its obtaining.

3. Information with limited access shall be provided by the manager of information if it legally promulgated it earlier.

4. Information with limited access shall be provided by the manager of information if there are no legal causes for restriction in access to such information which existed earlier.

5. The information access about the order by budgetary funds, ownership, use or the order of the state-owned, utility property, including to copies of the relevant documents, conditions of receipt of these means or property, surnames, names, middle names of physical persons and names of the legal entities who received these means or property cannot be limited. In case of observance of the requirements provided by part two of this Article, the specified provision does not extend to cases when promulgation or provision of such information can do harm to interests of homeland security, defense, investigation or prevention of crime.

6. Do not treat information with limited access of the data, persons specified in the declaration authorized on accomplishment of functions of the state or local self-government, Ukraine given according to the Law "About prevention of corruption" except the data specified in paragraph four of part one of article 47 of the specified Law.

7. Information, but not the document is subject to access restriction. If the document contains information with limited access, for acquaintance information, access to which is not limited, is provided.

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