Where are we office@sw-partners.com +38(097) 946 65 81
- Details
-
Published: 02 December 2014
-
Hits: 1159
02.12.2014. Persons who now are authorized by Ombudsman have the right to do reports (protokols) about the violation of the right of acces to information (according art. 212-3 of the Administrative Code). But is such a ruling legal?
By Order of the Ombudsman dated 24th of November 2014 № 10 / 02-14 the order of registration of materials about administrative violations was changed, namely was added the authority of the Head and Deputy Head of the Secretariat of the Verkhovna Rada of Ukraine on Human Rights, representatives of the Verkhovna Rada of Ukraine on Human Rights and other employees of the Secretariat of the Verkhovna Rada of Ukraine on Human Rights right to do reports (protocols) about the violation of the right of access to informations (according art. 212-3 of the Administrative Code).
We would like to note that this right was added by order of the Ombudsman, BUT according to the 2nd part of art. 255 of the Administrative Code is written:
"In the cases expressly provided by law, reports about administrative violations may also be done by officials of other government bodies, local authorities and representatives of community organizations.”
Law of Ukraine "About Ombudsman" does not contain of such right of Ombudsman!!
Earlier, authorized persons had the right to be engaged in cases about violation of legislation about protection of personal datas and about not following to legal requirements of the Ombudsman).