Working group on Access to Public Information Law in Ukraine. Photo: Andriy Shevchenko

President Viktor Yanukovych has officially kicked off “a new era” in Ukraine by signing the Law on Access to Public Information. The Law is viewed as one of the most progressive pieces of legislation in the region

 

By Antonina Cherevko, IMS

The Law, which sets a new standard of freedom of information for the post-Soviet country, was passed by  Parliament on 13 January 2011 after 2.5 years of concerted efforts of drafting it and advocacy work by Ukrainian civil society, international organisations and opposition parties. The passing of the Law  became the best New Year’s gift ever received for Ukrainian journalists and civil society activists from those in power. The Law received 408 votes out of 450 in Parliament and the adoption coincided with the Orthodox calendar New Year celebrated on 13-14 January. The law will come into force three months after its publication.

What does the new Law do?

The Law shortens the time limit for responding to information requests from 30 days  to 5 working days. It obliges information holders to disclose information systematically via the different communication channels available, including publication on the official web-sites. It states that in the vast majority of cases with only few explicitly mentioned exceptions, access to information on budget spending may not be limited. The Law also includes international freedom of information practices such as a 3-step test which determines whether access to certain information should be restricted or not, a provision to protect “whistle-blowers”, and thirdly, the notion that restricted access applies only to certain information, but not to the full document.

The adoption of the new Access to Public Information Law, one of the most progressive pieces of legislation enforced in the region, is the result of joint efforts of leading civil society organisations such as the Media Law Institute, the Centre for Political and Legal Reforms, the Institute for Mass Information, the Association of Media Lawyers of Ukraine, the National Union of Journalists, the Kharkiv Human Rights Protection Group. Also involved were international organisations such as IMS, Article 19, OSCE and the Council of Europe, all working with the Parliament opposition and the ruling Party of Regions.

New law attacks “illness” of Ukrainian society

Due to its “progressive nature”, the new Law will help immensely to improve accountability of public administration and to diminish the level of corruption, the major “illness” of Ukrainian state and society. Apart from this, the new legislation will ease the work of journalists and media, providing them with secured right to get the requested information in time.

However, as the Law is quite “modern” for Ukrainian public service and for ordinary citizens, much should be done to ensure its implementation, particularly through organising specialised trainings for journalists, civic activists, public servants and judges. They are the four key target groups on whom the success of the new legislation will largely depend.

IMS welcomes the adoption of the new legislation and congratulates all our national and international partners with this prominent victory. IMS also acknowledges the willingness of Ukrainian Government to cooperate on the issue and to compromise for the benefit of the Ukrainian society.

Click here for an un-official translation of new Law on Access to Public Information by the US Embassy in Ukraine.

For more information, please contact Antonina Cherevko, IMS Programme Officer for Ukraine, at ac[snabela]i-m-s.dk or +380 50 410 27 68.