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Information law. Access to the information. Request (most important)

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21. ACCESS TO INFORMATION. REQUEST

The procedure for obtaining information by the user (indication of place, time, responsible officials, necessary procedures) is determined by the owner or owner of information resources in compliance with the requirements of the Law "On Information, Informatization and Information Protection". Lists of information and information support services, information on the procedure and conditions for access to information resources are provided by the owners of information resources and information systems to users free of charge.

Access to the information can be done in the following order:

▪ familiarization with official documents containing the requested information;

▪ receiving a copy of the relevant document or an extract from it;

▪ receiving a certificate containing the requested information;

▪ receiving an oral statement of the content of the requested information;

▪ obtaining information about the source of publication of the requested information in the official publication.

A request for information, as well as the provision of information upon request, may be carried out orally or in writing or using electronic technologies.

The request must contain the last name, first name and patronymic of the person who applied for information, the name of the organization on behalf of which the request was made, the last name, first name and patronymic of the person to whom the answer should be sent, his address and telephone number for answering or clarifying the nature of the request, as well as the desired form and type of response.

A response to a request for information must be given as soon as possible, but no later than 30 days after the day the request was received.

If the requested information cannot be provided within the specified period, a written notice of the postponement of the provision of the requested information is sent to the applicant for its receipt. The notice must specify the period and reasons for the delay in providing the requested information.

If the body that received the request does not have the requested information, it must notify the person concerned about it no later than within 7 days, and, if possible, inform him of the name and address of the body, organization or person that may have the requested information, or indicate the name of the organization to which the specified request is sent.

The response to the request must contain the name of the organization, the name of the executor of the request and his telephone number. Requests (including oral ones), as well as responses to requests, are subject to registration at the place of receipt of these requests.

Reports, correspondence, instructions from officials and other information of an intra-organizational nature are not subject to mandatory provision upon request. A refusal to provide information must contain an indication of the reasons why the request cannot be satisfied, the date of the decision to refuse, as well as an explanation of the procedure for appealing it.

Persons belonging to socially and economically unprotected groups (categories) of the population (children, disabled people, pensioners, officially recognized unemployed) are exempted from payment for providing information at the request.

For the provision of information, a fee may be charged, not exceeding the overhead costs incurred in connection with its provision, in the manner prescribed by the rules for the provision of information.

Author: Yakubenko N.O.

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