In the Article 1 of the Law of Ukraine «On information» an information is referred to documented or publicly announced data about events and phenomena occurring in society, state and environment.
Civil Code of Ukraine slightly adjust the definition of «information» — documented or publicly announced data about events and phenomena that have taken place or are in the society, the state and the environment. That focuses on the dynamics of events and phenomena, which data is information.
Important for disclosure of the meaning of «information» is determination, enshrined by the Law of Ukraine «On Protection of Economic Competition»:
«Information is data in any form and format stored on any media (including correspondence, books, notes, illustrations (maps, diagrams, organograms, pictures, etc.), photographs, holograms, film, video — , microfilms, sound recordings, databases, computer systems or complete or partial reproduction of elements), explanations of persons and any other publicly announced or documented information». This definition focuses on the kinds of information.
Thus, the concept of «information» has the following features:
1) information is data about events and phenomena occurring:
- a) in the community,
- b) in the State;
- c) in the environment.
2) information is data that can be stored in any shape and form. However, for the acquisition of certain legal status information must comply with the requirements and features provided legal norms;
3) information is data that is documented or publicly announced;
4) information is the subject of civil rights and is classified as intangible benefits.
In this regard, under Article 178 of the Civil Code of Ukraine information as an object of civil rights can be «freely alienated or passed from one person to another in succession or inheritance or otherwise, if they are not removed from civil circulation, or unlimited in circulation, or are integral to natural or legal persons».
5) Sources of information are provided or statutory media:
— Other media, which are material objects that store information
— Media reports
— Public speaking.
Document in the information relationships is a statutory material form of receipt, storage, use and dissemination of information by fixing it on paper, magnetic, film, video or other media.
According to the provisions in the Article 1 of the Law of Ukraine of January 13, 2011 №2939-VI «On Access to Public Information» (hereinafter — the Law) public information is reflected and documented by any means and in any media data that has been obtained or created in the course of public authorities of their duties under applicable law, or that is in the possession of government agencies and other public information provided by this Law. Public information is open, except in cases established by law.
In the Article 5 of Law are set the ways of access to information, namely the systematic and prompt disclosure of information in the official publications, on official websites on the Internet, on notice boards and information on requests for information.
Within the meaning of the Law, public undisclosed information is defined, including:
1) Confidential information – information, access to which is restricted by individual or entity, except for government entities, and which can spread them in a certain order in their discretion, subject to conditions established by them;
2) Secret information – information, access to which is restricted pursuant to Article 6 of the Law, disclosure of which could harm the person, society and state. Secret is recognized information containing state, professional, banking secrecy, secret investigation by law and other secret;
3) Service information:
— is contained in the documents of government powers of intradepartmental business correspondence, memos, recommendations, if they are associated with a given institution or exercise of control, supervisory functions of public authorities, decision-making and public discussion prior to and/or decision-making;
— is gathered in the course of operational and espionage activities in the field of defense, which is not classified as state secrets.
Request for information is the request of the person to the information provider to provide the public information that is in his possession.
The requestor may apply to the information provider to request information whether this information relates to him personally or not, without giving reasons for the request.
The specialists of LLC «ACTIV CONSULTING GROUP» with the requirements of the Law and analyzed the situation or provided documents will professionally prepare a request for public information, which will be further as the evidence base on the representation of client’s rights in government and the courts.