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EASTERN UKRAINIAN CENTRE FOR PUBLIC INITIATIVES v. UKRAINE and 13 other applications

Doc ref: 18036/13, 43206/13, 14667/14, 14681/14, 36985/14, 48140/14, 56744/14, 73448/14, 73450/14, 2855/15, 4... • ECHR ID: 001-209014

Document date: March 2, 2021

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EASTERN UKRAINIAN CENTRE FOR PUBLIC INITIATIVES v. UKRAINE and 13 other applications

Doc ref: 18036/13, 43206/13, 14667/14, 14681/14, 36985/14, 48140/14, 56744/14, 73448/14, 73450/14, 2855/15, 4... • ECHR ID: 001-209014

Document date: March 2, 2021

Cited paragraphs only

Communicated on 2 March 2021 Published on 22 March 2021

FIFTH SECTION

Application no. 18036/13 EASTERN UKRAINIAN CENTRE FOR PUBLIC INITIATIVES against Ukraine and 13 other applications (see list appended)

SUBJECT MATTER OF THE CASE

The applications concern the applicant ’ s complaint, under Article 10 of the Convention, of denial of access to information of public interest held by public authorities in reply to its requests.

The applicant is a non-governmental organisation aiming at the protection of the right to free access to public information in the field of spatial planning.

In November 2009 (in application no. 38956/15 – in January 2014) the applicant NGO requested a number of municipalities to provide the information regarding their spatial planning, including disclosure of master plans of settlements ( генеральні плани населених пунктів ). It was mentioned in the requests (except the request in application no. 38956/15) that the applicant NGO monitors accessibility of master plans of 70 settlements in Ukraine and the information obtained would be analysed and released to the public. These requests were refused on the ground of restricted access to the information (it was either marked as “for internal use only” or “classified information” or “confidential information”) or due to the inability to copy a vast amount of information (application no. 56744/14).

The domestic courts, acting upon the applicant NGO ’ s complaints, ruled against it.

QUESTIONS TO THE PARTIES

1. Has there been an interference with the applicant NGO ’ s freedom of expression, in particular its right to receive and impart information, within the meaning of Article 10 § 1 of the Convention (see Magyar Helsinki Bizottság v. Hungary [GC], no. 18030/11, 8 November 2016)?

2. If so, was that interference prescribed by law and necessary in terms of Article 10 § 2?

APPENDIX

\* MERGEFORMAT

App. n o .

Lodged on

Application name

Authority requested

Final decision

18036/13

21/02/2013

Eastern Ukrainian Centre for Public Initiatives

Mykolaiv city council

Higher Administrative Court of Ukraine (HACU)

21/08/2012

43206/13

19/06/2013

Ternopil city council

HACU

25/12/2012

14667/14

22/01/2014

Dnipropetrovsk city council

HACU

17/07/2013

14681/14

22/01/2014

Vinnytsya city council

HACU

19/07/2013

36985/14

21/04/2014

Donetsk city council

HACU

16/10/2013

48140/14

02/06/2014

Simferopol city council

HACU

26/12/2013

56744/14

30/07/2014

Rivne city council

HACU

24/01/2014

73448/14

13/11/2014

Ivano-Frankivsk city council

HACU

12/06/2014

73450/14

13/11/2014

Sumy city council

HACU

12/06/2014

2855/15

24/12/2014

Chernihiv city council

HACU

26/11/2014

4168/15

24/12/2014

Cherkasy city council

HACU

07/08/2014

5067/15

22/12/2014

Odesa city council

HACU

25/11/2014

5883/15

24/12/2014

Chernivtsi city council

HACU

28/10/2014

38956/15

27/01/2015

Kyiv city council

HACU

30/10/2014

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