Case: appeal the refusal to provide information
Region: Ukraine, Ivano-Frankivsk region, Kalush city
Essence of the case: protection right of access to information
Parties: EPL, Ivano-Frankivsk regional state administration (Ivano-Frankivsk RSA)
Essence of the problem: violation of public access to environmental information on disposal of hazard wastes (Hexachlorobenzene (HCB))
On December 8, 2014 EPL appealed to Ivano-Frankivsk RSA with request to give such information and document on HCB disposal from Kalush district:
- At the balance of which company there were HCB wastes and in what amount, please provide copies of decisions on transfer HCB to the company balance and copies of the supporting accounting documents.
- Were the HCB wastes on Kalush landfill inventoried? If yes, please provide copies of inventory acts.
- In what amount, in what form and which container were HCB wastes at the time of packing them in specialized transportation containers for export abroad?
- Did the amount of wasted mentioned in agreements contain parts of soil and plants?
- Weight of containers. Who and when was placing HCB in containers?
- Were the acts of weighting and packing HCB made with the involvement of representatives of state executive authorities, local government and executor of agreements? If so, please provide copies of them.
- Was the concentration of HCB in wastes for disposal and export determinated? If so, please provide copies of research result.
- How much money and on what contracts were paid for HCB disposal? Please provide copies of all contracts, acts of acceptance of services, copies of payment documents.
- Are all acts of acceptance of services of all agreements of HCB signed? If so, please give their copies. Do the signed acts confirm the fulfillment of all the conditions for the HCB disposal? Please, provide documents, mentioned in the clauses 4.4.1 and 4.4.2 of the agreement No. 55 from August 29, 2013.
- Please, provide documents that confirm the amount and time of HCB disposal.
On December 22, 2014, with the letter No. 947, the Ivano-Frankivsk RSA answered that its Department of construction, housing, urban development and architecture would provide requested information. Department refused to provide information. According to their answer, there was opened criminal proceeding that made it impossible to provide copies of documents.
EPL appealed to the Lviv Regional Administrative Court with a lawsuit against Ivano-Frankivsk Oblast State Administration and Ivano-Frankivsk Regional State Administration with demands to admit that not providing information was illegal and to oblige defendant to provide information.
According to decision from November 02, 2015, court admit that not providing information was illegal. But it didn’t obliged defendant to provide requested information. EPL appeal this decision to Lviv appeal administrative court of Ukraine. But appeal court didn’t changed the decision of first instance court, so EPL went to second appeal. Case is pending decision in the court of second appeal.