Ukraine: changes to public information access

Rules regulating the access to public information in Ukraine have been changed to broaden and simplify citizen’s rights to access information 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 this access, were enacted on 19 April 2014. The Amendments are set to improve the existing framework of public information access and indicate progress from the Ukrainian government in the context of making information accessible and transparent, including from the perspective of recent business facilitation and anti-corruption developments.

The Amendments aim to enhance access to and, most notably, the transferability of information. The points listed below highlight some of the noteworthy changes introduced:

• free access to the minutes of sessions of local councils, as well as to their resolutions and recommendations through publicly available sources and upon request;
• free access to the meetings of the Verkhovna Rada (the Parliament);
• free access to the materials of a locality’s general plan (regarding the planning and development of urban areas, as well as construction or any other uses thereof);
• free access to the statistics information, including information collected at the expense of sources other than the State budget of Ukraine;
• the obligation of controlling and enforcement authorities to make the information regarding their activities and decisions publicly available and provide such information upon request; and
• the ability to impose fines of up to EUR 100 for public officers for non-disclosure or limitation of access to information which must be publicly available according to law.

The Amendments also provide that any documents bearing the label “restricted use for officials only” must be revised by the relevant state authorities’ officers within one year from the date of enactment of the Amendments. The purpose of the revision is to re-confirm or cancel the applicability of the above status with respect to each document. Any documents not revised during this period shall automatically become publicly available on demand.

The Amendments should bring some positive change to the Ukrainian business environment: they enhance the awareness of existing foreign investors and their advisers in relation to current and pending legislative developments relevant to their businesses, whilst opening more information sources for potential investors exploring business opportunities in Ukraine.

Law: “On Amending Some Laws and Regulations of Ukraine in Connection with Adoption of Law On Information and Law on Access to Public Information” No 1197-VII dated 10 April 2014.