Rules regulating the access to public information inUkraine have been changed to broaden and simplify citizen’s rights to accessinformation and materials maintained by the state and municipal authorities.

The relevant amendments (collectively referred to as the“Amendments”), introduced to a number of laws and regulations regulating thisaccess, were enacted on 19 April 2014. The Amendments are set to improve theexisting framework of public information access and indicate progress from theUkrainian government in the context of making information accessible andtransparent, including from the perspective of recent business facilitation andanti-corruption developments.

The Amendments aim to enhance access to and, mostnotably, the transferability of information. The points listed below highlightsome of the noteworthy changes introduced:

-        free access to the minutes of sessions oflocal councils, as well as to their resolutions and recommendations throughpublicly available sources and upon request;

-        free access to the meetings of the VerkhovnaRada (the Parliament);

-        free access to the materials of a locality’sgeneral plan (regarding the planning and development of urban areas, as well asconstruction or any other uses thereof);

-        free access to the statistics information,including information collected at the expense of sources other than the Statebudget of Ukraine; 

-        the obligation of controlling and enforcementauthorities to make the information regarding their activities and decisionspublicly available and provide such information upon request; and

-        the ability to impose fines of up to EUR 100for public officers for non-disclosure or limitation of access to informationwhich must be publicly available according to law.

The Amendments also provide that any documents bearingthe label “restricted use for officials only” must be revised by the relevantstate authorities’ officers within one year from the date of enactment of theAmendments. The purpose of the revision is to re-confirm or cancel theapplicability of the above status with respect to each document. Any documentsnot revised during this period shall automatically become publicly available ondemand.

The Amendments should bring some positive change to theUkrainian business environment: they enhance the awareness of existing foreigninvestors and their advisers in relation to current and pending legislativedevelopments relevant to their businesses, whilst opening more informationsources for potential investors exploring business opportunities in Ukraine.

Law: “On AmendingSome Laws and Regulations of Ukraine in Connection with Adoption of Law OnInformation and Law on Access to Public Information” № 1170-VII of 27 March2014.

Authors:

RuslanOstapenko, Associate, ruslan.ostapenko@cms-cmck.com