What to do if you do not receive an response for an respond to a claim or request
Did you write a claim or a request to a public authority, local government, company, institution or organization – but you haven’t received any answer? Being ignored in such a way is a violation of your rights, says Sergiy Plakhotnyuk, lawyer of the Kherson Office of the Legal Development Network at the NGO “Information Resource Center “Legal Space”. He consulted us on this issue and advised not to get discouraged.
Sergiy Plakhotnyuk, lawyer of the Kherson Office of the Legal Development Network at the NGO “Information Resource Center” Legal Space”
According to the IRC “Legal Space”, people often turn to the state authorities, local self-government, enterprises, institutions, organizations (regardless of the ownership form) with applications filed in accordance with the Law on Citizens’ Appeal, or requests filed in accordance with the Law of Ukraine “On receiving public information”. However, their requests remain unanswered, the addressee does not send a response explaining why the application or request has not been satisfied. Usually the citizens do not properly respond to violations of their rights, because they simply do not know how to do it. Therefore, when a claim or request is left unanswered, many people give up.So what should you do in such cases?
First of all, you need to know that according to Article 212-3 of the Code of Ukraine on Administrative Offenses:
– violation of the Law “On access to public information”, namely: unreasonable classification of information to restricted information category, failure to provide information on request, failure to provide information, unlawful refusal to provide information, untimely or incomplete provision of information, provision of inaccurate information, – entails imposing a fine on officials from 25 to 50 non-taxable minimum incomes of citizens (from 425 to 850 UAH);
– Illegal refusal to accept and consider a petition or other violations of the Law “On Citizens’ Appeals” – entails imposing a fine on officials from 25 to 50 tax-free minimum incomes (from 425 to 850 UAH).
However, in case of repeated infringement within a year, the liability will be greater: a fine of 60 to 80 non-taxable minimum incomes (from 1020 to 1360 UAH) will be imposed or public works for a period of 20 to 30 hours.
Therefore, if your right was violated, for example, you sent a petition or request and did not receive a response, or the addressee unreasonably (illegally) refused to comply with such a petition or request, – a complaint should be submitted to the Commissioner of the Verkhovna Rada of Ukraine for Human Rights.
According to Article 255 of the Code of Ukraine on Administrative Offences in cases of Administrative Infringement cases outlined in Articles 188-39, 188-40, 212-3 of the Code of Ukraine on Administrative Offences, protocols on offences can be filed by the authorized representatives of the secretariat of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights or his representatives.
Thus, a complaint on the actions of officials responsible for responding to a claim or request has to be submitted to the secretariat of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights at the address: 21/8 Institutska St, Kyiv, 01008. It would make sense to add to the complaint a copy of the letter left without response and proof of its submission.
Author: Sergiy Plakhotnyuk, “Information Resource Center “Legal Space”
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