FOR INTERNAL USE ONLY - Article 19

ARTICLE 19GLOBAL CAMPAIGN FOR FREE EXPRESSIONthe Protection of Population and Territories from Emergency Situations of Technical and NaturalOrigin, 164 and the Use of Nuclear Energy and Radiation Safety. 165The right to accurate and timely information on personal and public health issues, includingon existing and potential risk factors and the degree of their severity, is enshrined in the Principles ofLegislation on Health Protection in Ukraine 166 and in the Law on Ensuring the Sanitary andEpidemiological Well-Being of the Population. 167However, there are also certain environmental laws in Ukraine that lack provisions on theright of access to environmental information. These include the Code of Ukraine on the Subsurface, 168the Land Code of Ukraine, 169 and the Laws on: the Natural Resource Fund of Ukraine, 170 Resorts, 171Flora, 172 Fauna, 173 and the Protection of the Atmosphere. 1744,4 ." 8%The Law on Information provides for proactive and reactive dissemination of information by statingthat people may receive information: a) in response to an information request; or b) as a result ofinformation made public by State bodies, companies, organisations, institutions and individuals. ItsArticle 32 defines an ‘information request’ as a ‘statement requesting access to official documents’that must be submitted in writing. 175The law stipulates that the body processing the request must notify the requester within tendays as to whether her/his request can be satisfied (Article 33(1)). When the response is positive, theinformation has to be disseminated within one month, ‘unless otherwise provided by law’ (Article33(2)). Applications that do not require an archive search have to be answered immediately wherepossible, and overall no later than 15 days from their submission. State bodies ‘determine the164 Article 4. Law On the Protection of Population and Territories from Emergency Situations of Technical andNatural Origin of 8 June 2000, No. 1809-III.165 Articles 5, 10 and 16(4). Law On the Use of Nuclear Energy and Radiation Safety, 8 February 1995, No.39/35-. The law establishes that human and environmental safety are priorities in the use of nuclear energy.166 Article 6. Principles of Legislation on Health Protection in Ukraine, 19 November 1992, No. 2801-II.167 Article 4. Law of Ukraine On Ensuring Sanitary and Epidemiological Well-Being of the Population, 24February 1994, No. 4004-II.168 Code on the Subsurface, 27 July 1994, No. 132/94-.169 See note 159.170 Law On the Natural Reserve Fund of Ukraine, 16 June 1992, No. 2456-II.171 Law On Resorts, 5 October 2000, No. 2026-III.172 Law On Flora, 9 April 1999, No. 591-IV, Official Gazette of Ukraine, 1999, No. 18, p.775.173 Law On Fauna, 13 December 2001, No. 2894-III, Official Gazette of Ukraine, 2002, No. 2, p.47.174 Law On the Protection of the Atmosphere, 16 October 1992, No. 2707-XII.175 The information can be provided orally or in written form, but the request must be written under the Law onInformation. The Law on Information and the Law on Public Appeal have different procedures, but sometimesthey overlap.For Internal Use Only. Is Post-Chornobyl Ukraine Ready for Access to Environmental Information?ARTICLE 19, London, 2007%,