Media Law Institute Represented the Interests of Oksana Kovalenko in the Court

September 24, 2014

2 October 2013 the journalist Oksana Kovalenko in writing requested the Apparatus of the Verkhovna Rada of Ukraine to provide her with the information about either the official print publication of the Parliament where the declarations of the MP Oleksandr Yefremov were published or the website address of the official web-portal where this declaration can be found. However, the Apparatus of the Verkhovna Rada factually refused to provide the plaintiff with the public information.

24 December 2013 the lawyers of Media Law Institute representing the interests of the claimant filed the case and took the matter to the Kyiv’s District Administrative Court demanding to recognize the denial of the Apparatus of the Verkhovna Rada as illegitimate and oblige the Apparatus to provide the information mentioned in the request.

In fact, according to the Law of Ukraine On Access to Public Information“; the Apparatus of Verkhovna Rada of Ukraine is obliged to publicize the declarations of the MPs by also publishing the details of the declaration of the MPs (in particular, Oleksandr Yefremov) in “Voice of Ukraine.”

Since the court of the first authority incorrectly established the facts of the case and made a completely unjustified decision, the experts of Media Law Institute took the review against the judgement to the Kyiv’s Administrative Court of Appeal.

The review on appeal took place on 13 May 2014 and the Court recognized that the refusal to provide information about Oleksandr Yefremov’s declaration is unlawful.

The Court of Appeal overturned the decision of the District Administrative Court and obliged the Defendant to provide full information on Oksana Kovalenko’s request.

Media Law Institute as the representative of Oksana Kovalenko initiated the enforcement proceedings, as a result of which the Apparatus of the Verkhovna Rada published the Oleksandr Yefremov’s declaration of 2012 on the official website of the Parliament and provided a complete response to the request.