1) the information administrator does not possess and is not obligated, according to
his competence envisaged by the legislation, to possess information which was
requested;
2) requested information belongs to the category of information with limited
access according to paragraph 2 of Article 6 of this Law;
3) the person who requested information did not pay factual expenses related to
copying and printing envisaged by Article 21 of this Law;
4) requirements to information request envisaged in paragraph 5 of Article 19 of
this Law were not complied with.
2. The information administrator’s reply that information can be obtained by the
requester from publicly available sources or reply not on substance of the request
shall be considered an unlawful refusal to provide information.
3. The information administrator, who does not possess the requested information yet
who by his status or the nature of his activity is aware or should be aware of who
possesses it, shall be obliged to transfer this request to the appropriate administrator
while simultaneously notifying the requester thereof. In this case, the term for
request consideration shall start on the day of receipt of the request by the
appropriate administrator.
4. A refusal to satisfy information request shall include:
1) the last, first and paternal name and position of the person responsible for
consideration of the request by the information administrator;
2) the date of the refusal;
3) grounded reason for the refusal;
4) procedure to appeal the refusal;
5) signature.
5. A refusal to satisfy information request shall be provided in writing.
6. A postponement in satisfaction of the information request shall be acceptable in
case the requested information cannot be provided for examination within the terms
envisaged by this Law due to force majeure. The requester shall be notified of the
decision about the postponement in writing with accompanying explanation of how
to appeal the adopted decision.
7. The decision to postpone satisfaction of the information request shall indicate the
following:
1) the last, first and paternal name and the position of the person responsible for
consideration of the request by the information administrator;
2) the date of mailing or delivery of the postponement notification;
3) reasons in connection with which it is impossible to satisfy the information
request within the term envisaged by this Law;
4) term within which the request will be satisfied;
Translated for the Council of Europe/EU Project “Promotion of European standards in the Ukrainian media environment”.
Translation edited by Dmytro Kotlyar.
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