Mykolaiv regional council refused to give requested information to “Prestupnosti.net”
The chairman of the Mykolaiv regional council Victoria Moskalenko refused to provide the copy of the contract signed with the director of municipal hospital Svetlana Fedorova to the journalist of the edition "Prestupnosti.net" Yulia Akimova, referring to its confidentiality. The journalist Yulia Akimova told it the representative of IMI in the Mykolaiv region.
Earlier, IMI reported that the director of the communal infectious diseases hospital in Mykolaiv Svitlana Fedorova had refused to provide to the journalist with "Prestupnosti.net” Yulia Akimova the copy of the contract signed with the Mykolayiv Regional Council, under which she holds the position of hospital superior.
“In compliance with the clause 29 of the standard form of the contract, the parties shall take measures to respect the confidentiality of the terms of this contract, except as provided by law. The parties have the right to inform about the terms of this contract their advisers, proxies, representatives. So, the similar norm is provided also in the contract which is concluded with the director of communal non-profit entreprise "Mykolaiv regional center of treatment of infectious diseases" of the Mykolaiv regional council Fedorova S. F. Taking into account the above, it is clear that the requested contract contains some confidential information on the physical person ", the reply signed by the chairman of the Nikolaev regional council Victoria Moskalenko read.
The IMI lawyer Ali Safarov noted that the answer of the Mykolaiv regional council was an illegitimate refusal to the request for access to public information and the requester could seek legal redress.
According to Ali Safarov, the refusal to provide the information must meet the requirements of Article 22 of the Law of Ukraine "On Access to Public Information". However, the lawyer added, the answer of regional council didn't correspond to them.
“The answer of the Mykolaiv regional council doesn't meet the requirements specified in the article 22 of the law. Consequently, there is an illegitimate refusal to satisfy a request for access to public information. In compliance with the provisions of Article 23 of the Law of Ukraine “On Access to Public Information”, the requester has the right to seek the legal redress contesting the failure to respond to a request for information. The applicant may also apply to the Verkhovna Rada Commissioner for Human Rights with a request to bring the perpetrators to administrative responsibility in accordance with Article 212-3 of the Code of Ukraine on Administrative Offenses, ”Ali Safarov said.
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