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Brovary city council explained denying information request by the fact they sent the requested document to the archive

02.11.2017, 21:24
In Brovary city council ceased to provide to the blogger of the website “No to corruption!” Dmytro Karpiy archive documents he requested. He reported this at the website “No to corruption!”. As Karpiy wrote, he several times requested copies of the decisions that the Brovary city council was making, as a journalist or activists. For a certain time, the self-government body was providing him the requested copies - after all, the archive department is just a subdivision of the city council. In September, the blogger requested several documents about allocating land plots and places for residence to the family of the judge of Brovary district court, Volodymyr Serdynskyi. In a week before the answers were supposed to be received, an investigation was published on ownership of this local official. Yet this time, the Brovary city council refused to provide the copies of its decisions for 2002, 2006 and 2008 as stipulated in the law “On access to public information” - the documents basing on which the judge's family was receiving chattel and real estate. The excuse that was given - the documents are already in the archive department, which is now part of the National Archive Fund. So their use is regulated not by the law mentioned above, but by the laws "on addresses of citizens" and "On national archive fund and archive institutions". As the lawyer of the Center of Democracy and Supremacy of Law Khrystyna Burtnyk commented, in Ukraine now the situation with access to governmental decrees and decisions and decisions of the local self-government that were transferred to archive institutions is pretty problematic now. Because of the definition given in the law "On access to public information", it is possible to pass certain documents to archives to effectively close access to them for the public, and many institutions did exactly this. To resolve this, amendments of the legislations are required. The courts, however, can take quite different decisions on such issues. Dmytro Karpiy decided to contest the refusal to provide him the copies of the city council decisions in the court.
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