Region: Kyiv, Ukraine
Case Overview: Appeal against the unlawful response of the Ministry of Environmental Protection, which refused to provide information about the process of issuing a license for hazardous waste management activities to LLC “NEW EKOSVIT.”
Problem Description: On the official website of the Ministry of Environmental Protection and Natural Resources of Ukraine, Order No. 432 dated April 24, 2024, regarding the issuance of a license to LLC “NEW EKOSVIT,” was published. EPL submitted an information request to the Ministry of Environmental Protection and Natural Resources of Ukraine, but a proper response was not provided.
Key Facts:
On April 24, 2024, the Ministry of Environmental Protection and Natural Resources of Ukraine published Order No. 432 on its official website, issuing a license to LLC “NEW EKOSVIT” to conduct hazardous waste management activities.
There was no publicly available information on whether LLC “NEW EKOSVIT” had completed the required procedures and obtained the necessary documents stipulated for such a license.
On May 1, 2024, EPL sent an information request (Outgoing №. 401) to the Ministry of Environmental Protection and Natural Resources of Ukraine (hereinafter referred to as the “Ministry”).
This request concerned the permitting procedures and the acquisition of the relevant permitting documents by LLC “NEW EKOSVIT” (legal entity identification code 38629116).
In response to this information request, the Ministry replied (Ref. No. 24/24-03/759-24, dated May 7, 2024), stating: “We satisfy the request for public information and inform you that the Ministry has sent a letter to LLC ‘NEW EKOSVIT,’ as the holder of the requested information, and received a response dated May 7, 2024 (Ref. No. 07/05), in which the company stated that it does not consent to the transfer of information to third parties, except for the list of hazardous wastes.”
Thus, the Ministry did not respond to any of EPL’s questions, apart from providing a list of hazardous wastes submitted by LLC “NEW EKOSVIT.” The Ministry did not even indicate whether the requested documents exist, including the inspection report on LLC “NEW EKOSVIT’s” material and technical base, the environmental impact assessment conclusion for LLC “NEW EKOSVIT’s” hazardous waste management activities, the permit for air pollutant emissions, the permit for the commencement of high-risk operations and the operation of high-risk machinery and equipment, the permit for special water use, the permit for waste processing operations, and the notification of the results of identifying high-risk facilities.
Most of the listed documents are issued by the Ministry itself, which makes the Ministry the custodian of the requested information.
To protect its right to access public information, EPL sent an appeal (Outgoing No. 469, dated May 23, 2024) to the Verkhovna Rada Commissioner for Human Rights (hereinafter referred to as the “Ombudsman”).
As a result of considering EPL’s appeal, the Ombudsman opened proceedings regarding the violation of human and citizen rights and freedoms under Article 17 of the Law of Ukraine “On the Verkhovna Rada Commissioner for Human Rights” and sent a letter to the Ministry.
In response to the Ombudsman’s appeal, the Ministry sent a letter (Ref. No. 24/24-03/898-24, dated June 12, 2024) to LLC “NEW EKOSVIT,” again failing to recognize itself as the custodian of the requested information and recommending that LLC “NEW EKOSVIT” conduct a “three-part test” and provide the relevant information to the Ministry.
In a letter to the Ministry dated June 17, 2024 (Outgoing No. 23/06/17), LLC “NEW EKOSVIT” classified the requested information as confidential and containing trade secrets. The Ministry, in turn, sent this response to EPL (Ref. No. 24/24-03/922-24, dated June 18, 2024), supporting LLC “NEW EKOSVIT’s” conclusions regarding the confidentiality of the requested information and again failing to provide EPL with answers to the questions raised.
Ultimately, the Ombudsman concluded the proceedings without taking any measures to ensure the restoration of the violated right to access public information, necessitating the protection of this right in court.
Thus, by incorrectly and unlawfully classifying the requested information as confidential, failing to recognize itself as the custodian of the requested information, and failing to provide the requested information in response to EPL’s and the Ombudsman’s inquiries, the Ministry violated EPL’s right to access public information.
Legal Proceedings:
In connection with the above, EPL filed a lawsuit with the Kyiv District Administrative Court.
By the ruling of the Kyiv District Administrative Court dated May 20, 2025, in case No. 320/18287/25, proceedings were initiated in this administrative case. It is stipulated that the case will be considered under the simplified claim procedure without notifying the parties (in written proceedings). The full text of this ruling is available at the following link: https://reyestr.court.gov.ua/Review/127475855
It is worth emphasizing that the MEPR, in its response to the statement of claim, refers to the requested information as confidential and a commercial secret. It also states that Part 8 of Article 4 of the Law of Ukraine “On Environmental Impact Assessment” applies only to public access to materials of the planned activity during the public discussion stage of the EIA procedure.
