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„Public Information Database“ www.opendata.ge

2011 April August

“The Institute for Development of Freedom of Information” (IDFI) Project - “Public Information Database”

Informational Bulletin №3 The research has been carried out within the framework of the project “Public Information Database- www.opendata.ge”. Financial backing has been provided by The “Open Society-Georgia Foundation”

The ideas expressed in the Bulletin do not represent the position of The Open Society Georgia Foundation. Correspondingly, the organization is not responsible for the information contained in the Bulletin.

No part of this Bulletin may be reproduced in any form for commercial purposes without a written permission from the IDFI.

Authors: Sergi Jorbenadze, Project Coordinator Tea Tseradze, Project Analyst

Contact Information: 4, A.Machavariani (Aragvi) St. Tbilisi, Georgia, 0179 Phone: +995 32 2 996364 E-mail: info@idfi.ge

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„Public Information Database“ www.opendata.ge

I Project “Public Information Database”

2011 April August

3) analyze of requesting and giving of public information, determine the basic tendencies and problems related to this issues;

NNLE – The Institute for Development of Freedom of Information (next − IDFI) implements project “Public

4) Civil control on the work of public institutions and

Information Database”, which main goal is to promote

establish liability to protect legal norms.

easy access to public information and freedom of information in Georgia. The project is financed by “Open Society Georgia Foundation”. In the framework of the project, IDFI requests information from Public Institutions of Georgia and get them into electronic format - public information database (www.opendata.ge). Through this web-page everyone has opportunity to receive, download and use the public information, collected by the IDFI. On the web-mainpage there are the complete list of the Public Institutions, from where is requested information by IDFI.

Therefore interested persons can choose any

institution from the list and see information according his/her interests.

II Freedom of Information in Georgia Project is running under the Georgian legislation, namely basis of the authority, assigned by the Constitution of Georgia and General Administrative Code of Georgia. According to the Constitution of Georgia, article 24, everyone

has

opportunity

to

receive

and

information, but according to the Constitution of Georgia, article 41, giving of public information is the commitment of the public institutions only. 1

1) to develop freedom of information as a legal institute; 2) the next step to create civil society, where everyone are able to request public information freely;

At first, 2

must be separated article 24 from article 41 of the Constitution of Georgia.

1

For what and for whom there might be important Public Information Database? There are several answers to this question:

share

Article 24, Constitution of Georgia a. “Everyone has the right to freely receive and impart information, to express and impart his/her opinion orally, in writing or by in any other means. Mass media shall be free. The censorship shall be impermissible”; b. Mass media is free. Censorship is not permitted; c. State representatives or individuals have no right to monopolize mass media or means of dissemination; d. Actions mentioned in “a” and “b” are not applicable for situations, which are necessary in a democratic society to ensure the national security, territorial integrity or public safety, crime prevention, to protection of the rights and dignity of others, avoid to share confidential information or to ensure the independence and impartiality of the Courts. 2 Article 41, Constitution of Georgia a. “Every citizen of Georgia shall have the right to become acquainted, in accordance with a procedure prescribed by law, with the information about him/her stored in state institutions as well as official documents existing there unless they contain state, professional or commercial secret”; b. Official records of the information, which is connected with health, finances or other private matters, for anyone not to be accessible, without consent of these people, except in cases determined by law, when it is necessary for national security or public safety, health, other rights and freedoms.

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„Public Information Database“ www.opendata.ge

2011 April August

The secret is divided into three characters: the state,

finances or other private matters, should be available for

commercial and personal secret.

anyone, without this person’s consent. The same letter indicates that: "The requested information is financial

III Main aspects of activities, carried out by The IDFI in the framework of the project According to the General Administrative Code of

information and the personal data of the officials - and Ministry has no right to disclosure it, without consent of this person, except when Ministry face the limitations stipulated by the Constitution."6

Georgia, Chapter 3, everyone has a right to request public information from public institutions. The IDFI operates on the basis of these norms and requests public information from public institutions since 17 April, 2011.

1. Request for Public Information On the basis of the Georgian legislation, all persons are able to be a requester of public information, but it may be limited by various means, limitations are imposed by Georgian Constitution3, General Administrative code of Georgia4 and Georgian Law “On the State Secret”.

This answer lacks a legal basis, because, in General Administrative code of Georgia, Article 44, there is no mentioned that personal data of officials is private secret. Therefore, the argument given in the answer is groundless. It should be mentioned, that confidential information includes personal data and in most cases, judicial

2. Confidential Information

decisions, or judgment forms are provided us with

There are very interesting cases about confidential information.

Unfortunately,

some

of

the

public

institutions do not know all details about secret information. For example, the Ministry of Regional

barcodes by the courts, but the exception was the copy of verdict (N1/2308-11, 08 July, 2011) provided by the Tbilisi City Court, when the name of the convicts is visible.

Development and Infrastructure of Georgia5, its response to public information was legally unjustified. In the answer, received from the Ministry of Regional Development

and

Infrastructure

of

Georgia,

it’s

mentioned that according to the Article 41, Constitution of Georgia, all information, including a person's health,

If the names of persons involved in administrative - legal disputes are the personal data and needs barcodes, then

3

See note #2, Article 41, Constitution of Georgia 4 See General Administrative Code of Georgia, Articles, 271, 272, 273, 274 5 See http://www.opendata.ge/en#!lang/en/cat/news/topic/120

6

Letter #959, 04, May, 2011

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„Public Information Database“ www.opendata.ge

2011 April August

why the names of persons involved in blood - legal

This Answer is not complete, it cannot be considered as

disputes are public information? The above mentioned

received public information, because according to the

answer shows, that the General Courts do not have a

General Administrative Code of Georgia, any person has

common practice about this issue.

the right to elect the form and the face of the public information he/she want to receive. At the same time, if

A separate case is the answer, received from the

person does not have access to the internet, it’s violating

Investigation Service of Ministry of Finance of Georgia;

his right to obtain public information.

Investigation Service has provided requested public information,

but

not

completely. 7

Request

about

Distribution of Vehicles were rejected by the Service on

4. Requested Information

the basis of the General Administrative Code of Georgia, Part 4,

paragraph “b”,8 answer

shows

that this

justification is legal ground.

Information

requested

by

IDFI

did

not

contain

confidential information. In most cases, requests were standard, but specific questions were submitted to some of the Public Institutions also. Let’s consider each of

3. The Form of Public Information

them.

According to the General Administrative Code of Georgia, Article 2, part 1, paragraph “m” public information is the official document, processed by the

4.1 Standard Requests (General Requests) to all Public Institutions

public institution and it can be represented by drawings,

Standard questions were about: List of the Employees;

plans, schemes, or any other form.

Contact Information of Persons, who is responsible for providing

of

public

Information;

Communication

General Administrative Code of Georgia, Article 37 part 1

Expenses; Announced Tenders and State Procurements;

determines the opportunities of request for public

Salaries and Bonuses, Official Visit Expenses; Purchases

information and explains what kind of information may

and Maintenance Expenses of Vehicles; State Assets

be requested. Despite such norms of legislation, there are

(concrete cases); Reserve Funds; Reports on Release of

many cases where the public agencies provide a way of

Public Information; Implemented Projects and Programs;

providing information to the institutions, which requests

Cultural Events; Budget Balance. For more clarity we

public information.

present the specific questions:

For example, IDFI was requested complete list of the

1.

The list of officials, (name, surname) who

State Procurements and Tenders. In most of cases IDFI

implements public authority, for the moment of

has received complete answers, but there were incidents,

letter receiving.

when the answers contained web-page address.

For

example, answer received from the Parliament of

2.

contact information) responsible for providing of

Georgia.9 7 8

http://www.opendata.ge/en#!cat/text_info/id/1272/lang/en

"This Code does not apply to the activities of the executive bodies, [...] which are related to intelligence activities." 9 http://www.opendata.ge/en#!cat/text_info/id/672/lang/en

The list of employees who is (name, surname, public information.

3.

The comprehensive list of advertising and culture events (listing), organized by the Public

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„Public Information Database“ www.opendata.ge

4.

wear), for the period of the first quarter (three

(three months) 2011.

months) 2011.

The

complete

list

of

State

Procurement

11. The list of the real estate and each of the market

(announced tenders, competitions and other

value, which is on the balance of the Institution,

types of purchases) and the State Property

at the moment of the receiving the statement.

any other way) embodied by the Public Institution, for the period of the first quarter (three months) 2011.

acts (indicating the data), which include comply

which customer, performer or any part of the

with request of public information or the

sales operation represents the Institution, for the

decisions of the rejection, issued by the

period of the first quarter (three months) 2011.

Information

about

the

telecommunication

the period of the first quarter (three months) 2011. Information

13. Total

amount

of

disbursements

from

the

President and the Government reserve funds, for

local calls) of the staff of the Central Office, for

the period of the first quarter (three months) 2011. 14. Information on the state budget on expenditure of appropriations (the state budget balance) by the Institution, for the period of the first quarter

about

the

business/

official/

international visit expenses of the officials (Administration or other public employees) of the Central Office for the period of the first quarter (three months) 2011. Distribution of vehicles for the officials or other public administration employees, (including vehicle model) which are registered on the balance of the Central Office, for the period of the first quarter (three months) 2011. 9.

directed for development of certain sphere and appropriate legal act and/or on its own initiative,

expenses (mobile operators, international and

8.

goal-oriented, research, scientific, educational,

The list of the individual-Administrative–Legal

(three months) 2011.

7.

12. The list of the projects and programs (social,

other) implemented on the basis of the

Institution, for the period of the first quarter

6.

August

Institution for the period of the first quarter

Privatization (e / public auctions, direct sales, in

5.

2011 April -

(three months) 2011. 15. The total amount of quarterly information of salaries and supplements (if any) for the staff (without specific identity of persons) of the Central Office, given by the Institution, for the period of the first quarter (three months) 2011. 16. Information about the total amount of quarterly information of the salaries and supplements (if any) for the staff (without specific identity of persons) of complete Institution system (all the

Fuel consumption on actual incurred expenses

structural units, territorial and other systems

and a monthly limit (including fuel type) of

within the body or unit) of employees, for the

Central Office for the period of the first quarter

period of the first quarter (three months) 2011.

(three months) 2011.

17. The information about the total amount of

10. The amount of money spent from the budget of

quarterly bonuses (without specific identity of

Central Office, for the service of vehicles (repair,

persons) rationed to the staff of the Central

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„Public Information Database“ www.opendata.ge

Also,

first quarter (three months) 2011.

Administration of the President, Ministry of Regional

quarterly bonuses (without specific identity of persons) rationed for the staff of the of complete

Requests

were

August

Office of the Institution, for the period of the

18. The information about the total amount of

different

2011 April -

submitted

to

the

Development and Infrastructure of Georgia, National Statistics Office of Georgia “Geostat”, Ministry of Foreign Affairs of Georgia, Tbilisi City Hall and others.

Institution system (all the structural units, territorial and other systems within the body or

5. Public Information Registry

unit) of employees, for the period of the first quarter (three months) 2011. General Administrative Code of Georgia, article 3512 obliges all public institutions to have a Public Registry

4.2 Different Requests

and collect all types of data (public information) that is related to their activity. But IDFI has received answers from several institutions, that they have no Public

In most cases, requests submitted to the Courts of Georgia

Registry. Also, Kutaisi Appeal Court replied that, they do

(also Constitutional Court of Georgia) were different

not proceeding the General statistics were will be noted

types.

the total number of disputes, arising on the bases of the

Expect of the standard requests, there were

requested the total number of disputes, arising on the

articles 72-76 and 78 ot the Georgian Civil Code.13

bases of the articles 72-76 and 78 of the Georgian Civil Code.

The answers received from Courts become

obvious, that courts cannot make the description of

6. Public Employee Responsible for Providing

disputes arising on the bases of separate provisions.

Public Information

In addition, there were requested the total number of

General Administrative Code of Georgia, article 3614

cases discussed in closed session; information about

obliges all public institutions to have Public Employee,

video-audio recording at trials; total number of decisions

responsible for providing Public Information. The norm

/ judgments (copies), arised on the bases of issue of public

is given as a directive and public institution does not have

information; total number of plea bargains concluded at

the authority to do on the contrary.

the Court and others.10 In the most cases, official responses of public information Different question was submitted to the Georgian Public

do not contain a sign of public employee, who is

Broadcaster, in which IDFI were requested the list of the

responsible for providing Public Information.

For

physical and / or legal entities who nominating guardians and candidates for the Board.11 12

10

http://www.opendata.ge/en#!cat/other_useful_information_text/id/55/la ng/en 11 Letter № 20110725, 11 July, 2011, received response №2296/02 12 July, 2011

General Administrative Code of Georgia, article 35 Public institution is obliged to put public information in Public Information Registry. In public registry must be mentioned public information of its adoption, from the creation, processing or publication within 2 days, with the names, making, creating, processing, publication date, the natural or legal person, public official, public agency, the name of the reference from which it came and / or who sent it. 13 http://www.opendata.ge/userfiles/files/qutaisis_sasamartlo0001.pdf 14 General Administrative Code of Georgia, article 36 Public institution is obliged to identify a public employee responsible for providing public information.

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„Public Information Database“ www.opendata.ge

example, at the end of the letter, received from the Mestia District Court, there is a sign of Judge.

15

2011 April August

IDFI has received public information in comply with 10 days period, prescribed by the General Administrative Code of Georgia Article 40, Part 1 from many of public institutions.

7.2 10 Days Period for Providing Public Information According to the General Administrative Code of Georgia, Article 40, public institution has a right to request a deadline if information needs search and processing.17 In the framework of the project, such cases are not often observed, which was dependent on several factors: 1.

The public agency could not respond to public information immediately;

The answer may be considered for two terms: 1. the representative of the public agency does not have the 2.

legal knowledge that, when she/he is providing public

Public institution was indifferent to providing information;

information will sign as a public employee, responsible for giving of Public Information, 2. On the bases of the 3.

General Administrative Code of Georgia, article 36 Public

Representatives had no legal knowledge that she/he has a right to request 10 days period,

Agency have not determined such person in its structure.

prescribed by the General Administrative Code of Georgia, Article 40.

7. Time Frames for Providing Public Information

4.

Public

institution

information According to the General Administrative Code of

should

thought

that

be

provided

public not

immediately, but within 10 days period.

Georgia, public institution is obliged to providing public information immediately. But, if the information requires

The IDFI conducted the statistical description of all the

processing, as in the letter above inserted, it can be

requests of a 10 days period. From only 23 from 154

defined 10 days period for providing public information.

public institutions were requested 10 days period, one of the examples of requesting 10 days period you can see

7.1 Providing Public Information Immediately

below.

According to the General Administrative Code of Georgia, Article 40, public institution is oblige to provide public information immediately.

15

16

http://www.opendata.ge/pdf_files/mestia.pdf

16

General Administrative Code of Georgia, Article 40 A public agency shall provide public information immediately or no later than 10 days, if the answer to the request for public information requires finding and processing, search and processing from another area of its subdivision or Consultation with other public institutions 17 See note #17

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„Public Information Database“ www.opendata.ge

2011 April August

8.1 Complete Answers The response is complete, if letter detailed answers to all requests, submitted by IDFI.

7.3 Violation of Time Frames Prescribed by the Law

The complete answers were recevied from the National Center for Educational Quality Enhancement, 18 Olympic Trainings Centre of Georgia,19 Laboratory of the Ministry

Dispite the above mentioned two paragraphs, public

of Agriculture of Georgia20 and others.

institutions often violates the fime frames or 10 days

For example, see the answer to the requested list of the

period, prescribed by the law. For example, response

implemented state procurements from the Olympic

from

Training Center.

the

Ministry

of

Economy

and

Sustainable

st

Development were received on 01 of June, 2011, while the date of letter submittion was 02nd of May, 2011. Moreover, either of them requested 10-day period, during this months.

8. Received Public Information

It should be noted that, in most cases, some of the information provided in complete format are received by

During the framework of the project, accumulated a large

the violation of time frames.21

database, in which answers, received from the Public Institutions are devided in several categories:

8.2 Incomplete Answers

a) Complete Answers; b) Incomplete Answers;

The response is incomplete, if letter doesn’t detailed

c) Decline;

answer to all requests, submitted by IDFI.

d) Unanswered. 18 19 20 21

http://www.opendata.ge/en#!cat/news/topic/155/lang/en http://www.opendata.ge/en#!cat/news/topic/229/lang/en http://www.opendata.ge/en#!cat/news/topic/201/lang/en http://www.opendata.ge/en#!cat/text_info/id/797/lang/en

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„Public Information Database“ www.opendata.ge

For example, response received from the Ministry of Economy and Sustainable Development doesn’t contain the information about bonuses of the complete system and structural units’ separately. 22

One of the most important category is the rejection without the bases of the legal ground. This is the case, when public institution doesn’t replay to the request, submitted by IDFI. The diference of the incomplete and the declined answers is that the second one has no legal ground. For example the legal bases of the Cadets Military Lyceum’s response is an order #42 of the President of Georgia, but there is no mentioned the date, article or section of the order.

August

Also the responses, received from the Tbilisi City Court and Kutaisi City Court are rejections without a legal ground. According to this letter, IDFI was denied access to public information on the base of the following: systematization

8.3 Declined Requests Submitted by the IDFI

2011 April -

and

calculate

of

requested

public

information will cause interruptions in Tbilisi City Court and this in turn, will be a violation of people rights, which cases are in progress in Tbilisi City Court.23 The Answer is unsatisfactory, because: 1. To provide public information will not be a violation of people rights, which cases are in progress in Tbilisi City Court, because cases considers judge and does not consider employee, who is responsible for public information. Therefore it is not judge’s responsibility to calculate such kind of information and this in turn exclude a violation of people

rights.

2.

In

accordance

with

General

Administrative Code of Georgia, Article 36, public institution is obliged to have a person, which is responsible for public information. Also, IDFI has received an official letter from The National Examinations Center. Letter answers only two questions about officials and responsible person on public information. In all other cases National Examinations Center explains that, Center conducts secondary school examinations and then starts National and Master Exams and Teachers Certification Exams, cause of this, it’s inconceivable

for

information to IDFI.

the

center

to

provide

public

24

The same cases, in detailed form you can see on www.opendata.ge .

8.4 Unanswered In some cases, public institutions don’t implement of their obligations and have no any reaction on the requests submitted by the IDFI.

23 22

http://www.opendata.ge/en#!cat/text_info/id/784/lang/en

24

http://www.opendata.ge/en#!cat/news/topic/176/lang/en http://www.opendata.ge/en#!cat/news/topic/156/lang/en

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„Public Information Database“ www.opendata.ge

These Public Institutions are:

2011 April August

IV Public Institutions

1.

Ministry of Internal Affairs of Georgia;

2.

Service Agency of the Ministry of Internal Affairs of Georgia;

NNLE – The Institute for Development of Freedom of Information has submitted a official requests for public information to the 154 public institutions. (All requests

3.

Ministry of Defence of Georgia;

4.

Military Hospital of the Ministry of Defence of

2721). These public institutions are Ministries, Legal Entities of Public Law, Sub-divisions and others.

Georgia; 5.

DELTA - State Military Scientific-Technical

Let's consider each in detail:

Center; 6.

Sport and Fitness Complex;

7.

Ministry of Corrections and Legal Assistance of Georgia;

1. President of Georgia /Administration of President of Georgia Administration of President of Georgia has provided

8.

Penitentiary Department;

9.

National Probation Agency;

public

information

after

the

submittion

of

the

administration complaint against the Administration. The

10. State Ensuring Agency; 11. Construction and Technical Inspection; 12. National Curriculum and Assessment Center;

answer received from the Administration of President of Georgia in not satisfactory.

13. Jansugh Kakhidze Musical-Cultural Centre; 14. Ministry of Refugees and Accommodation of Georgia; 15. Internally

Displaced

Persons’

Community

Development Center;

16. State Procurement Agency.

1.1 National Security Council IDFI has receved the public information from the National Security Council, answer is unsatisfactory, because letter doesn’t contain the Budget Balance in complete format.25

25

http://www.opendata.ge/en#!cat/news/topic/222/lang/en

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„Public Information Database“ www.opendata.ge

2011 April August

Replies were provided within 10 days, in accordance with procedural norms of Administrative Code Article 40, Paragraph 1.

1.2 Special State Protection Service of Georgia IDFI has receved public information from the Special State Protection Service of Georgia, answer is unsatisfactory, because letter doesn’t contain the complete list of the state procurements, budget balance and fuel type.26

Replies were provided in violation of 10 days period, prescribed by the General Administrative Code of Georgia Article 40, Part 1.

Replies were provided within 10 days, in accordance with procedural norms of Administrative Code of Georgia

2.1 Auditorial Activity Council

Article 40, Paragraph 1.

IDFI has received public information from Auditorial Activity Council. Request for Bonuses is fully ignored. In

1.3 Georgian Intelligence Service

all other cases, letter detailed answers to all questions. 29

IDFI has received public information from Georgian Intelligence Service. Requests about Salaries and Bonuses, Communication Expenses, State Procurements and State Assets are partially satisfied. In all other cases, answers

Replies were provided within 10 days, in accordance with procedural norms of the General Administrative Code of Georgia Article 40, Paragraph 1.

are satisfactory.27

2.2 The National Parliamentary Library of Georgia

Replies were provided within 10 days, in accordance with procedural norms of the General Administrative Code of Georgia Article 40, Paragraph 1.

IDFI has received public information from the National Parliamentary Library of Georgia. Request for Reports on

2. Parliament of Georgia

Release of Public Information is fully ignored. In all other

IDFI has received public information from Parliament of

cases, letter detailed answers to all requests.

Georgia. Questions about Salaries, Bonuses and Reports on Release of Public Information are partially satisfied. Questions

about

Budget,

Official

Visits,

State

Procurements and State Programs/Projects are fully ignored. In all other cases, answers are satisfactory. 28

26 27 28

3 Government/ Chancellery of Government IDFI has received public information from the Chancellery of the Government of Georgia. Information about state budget, communication expenses, state procurements and reports on release of public

http://www.opendata.ge/en#!cat/news/topic/213/lang/en http://www.opendata.ge/en#!cat/news/topic/165/lang/en http://www.opendata.ge/en#!cat/news/topic/151/lang/en

29

http://www.opendata.ge/en#!cat/news/topic/183/lang/en

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„Public Information Database“ www.opendata.ge

information are partially satisfied. Requests about reserve funds and state projects are fully ignored; all other cases answers are satisfactory.30 Replies were provided within 10 days, in accordance with procedural norms of the General Administrative Code of Georgia Article 40, Paragraph 1.

2011 April August

4.1 Office of the State Minister of Georgia for Reintegration IDFI has received public information from The Office of the State Minister of Georgia for Reintegration. Requests for Salaries, Bonuses, Maintenance Expenses of Vehicles and Communication expenses are partially satisfied. In all other cases, letter detailed answers to all questions.32 Replies were provided within 10 days, in accordance with

4. Ministries of Georgia

procedural norms of the General Administrative Code of Georgia Article 40, Paragraph 1.

On 2nd of May, 2011, IDFI has submitted a official requests for public information to the all Ministries of Georgia. Requests sent to the Ministries were standard.31

4.2 The Office of the State Minister of Georgia for Diaspora Issues

IDFI has received public information from The Office of the State Minister of Georgia for Diaspora Issues. The answer is not satisfactory.33 Replies were provided within 10 days, in accordance with procedural norms of the General Administrative Code of Georgia Article 40, Paragraph 1.

30 31

http://www.opendata.ge/en#!cat/news/topic/136/lang/en http://www.opendata.ge/en#!lang/en/cat/news/topic/109

32 33

http://www.opendata.ge/en#!cat/news/topic/166/lang/en http://www.opendata.ge/en#!cat/news/topic/131/lang/en

12


„Public Information Database“ www.opendata.ge

4.3 Ministry of Foreign Affairs of Georgia

2011 April August

Replies were provided in violation of 10 days period, prescribed by the General Administrative Code of Georgia Article 40, Part 1.

IDFI has received public information from Ministry of Foreign Affairs of Georgia. Questions about Salaries, Bonuses and Purchases and Maintenance Expenses of Vehicles are partially satisfied. Requests for Official Visits, Reserve Funds, State Programs/Projects and Reports on Release of Public Information are fully ignored. In all other cases, answers are satisfactory. 34

4.5 The Office of the State Minister on European and Euro-Atlantic Integration IDFI has received public information from The Office of the State Minister on European and Euro-Atlantic Integration. The part of the answers is unsatisfactory, in all other cases letter detailed answers to all questions.36 Replies were provided in violation of 10 days period, prescribed by the General Administrative Code of Georgia Article 40, Part 1.

4.4 Ministry of Environment Protection On June 2nd, 2011, IDFI has received public information from the Ministry of Environment Protection of Georgia. Questions about Purchases and Maintenance Expenses of Vehicles,

Communication

Expenses, State

Programs/Projects and Cultural Events are partially satisfied. Request for Reports on Release of Public Information is refused. In all other cases, answers are satisfactory.35

34 35

Replies were provided within 10 days, in accordance with procedural norms of the General Administrative Code of Georgia Article 40, Paragraph 1.

http://www.opendata.ge/en#!cat/news/topic/150/lang/en http://www.opendata.ge/en#!cat/news/topic/177/lang/en

36

http://www.opendata.ge/en#!cat/news/topic/140/lang/en

13


„Public Information Database“ www.opendata.ge

2011 April August

4.6 Ministry of Agriculture of Georgia IDFI has received public information from the Ministry of Agriculture of Georgia. Question about Purchases and Maintenance Expenses of Vehicles is partially satisfied. Questions about Budget, Reserve Funds, State Programs and Projects, Cultural Events and Reports on Release of Public Information are fully ignored by the Ministry. In all other cases, answers are satisfactory.37

4.8 Ministry of Sports and Youth Affairs of

Georgia IDFI has received public information from The Ministry of Sports and Youth Affairs of Georgia. Requests for state programs and projects are fully ignored, in all other cases letter detailed answers to all questions. 39 Replies were provided in accordance with procedural norms of the General Administrative Code of Georgia Article 40, Part 1.

4.7 Ministry of Labour, Health and Social

Affairs of Georgia IDFI has received public information from The Ministry of Labour, Health and Social Affairs of Georgia. Questions about Purchases and Maintenance Expenses of Vehicles and Reports on Release of Public Information are partially satisfied. In all other cases, letter detailed

Replies were provided in accordance with procedural

answers to all questions.38

norms of the General Administrative Code of Georgia Article 40, Paragraph 1.

Replies were provided in accordance with procedural norms of the General Administrative Code of Georgia Article 40, Part 1.

37 38

http://www.opendata.ge/en#!cat/news/topic/145/lang/en http://www.opendata.ge/en#!cat/news/topic/170/lang/en

39

http://www.opendata.ge/en#!cat/news/topic/135/lang/en

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„Public Information Database“ www.opendata.ge

2011 April August

4.9 Ministry of Energy and Natural Resources of

Georgia IDFI has received public information from the Ministry of Energy and Natural Resources of Georgia. Information is

accessible

on

our

web-site.

Question

about

Communication Expenses is partially satisfied. In all other cases, letter detailed answers to all requests.40 Replies were provided in violation of 10 days period, prescribed by the General Administrative Code of

4.11 Ministry of Finance of Georgia

Georgia Article 40, Part 1.

IDFI has received public information from the Ministry of Finance of Georgia. Questions about Bonuses, Reserve Funds, Purchases and Maintenance Expenses of Vehicles, State Procurements, State Programs/Projects, Cultural Events and Reports on Release of Public Information are fully ignored. In all other cases, answers are satisfactory. 42

4.10 Ministry of Economy and Sustainable

Development IDFI has received public information from the Ministry of Economy and Sustainable Development. Requests for Salaries, Vehicles,

Purchases

and

Maintenance

Communication

Expenses

Expenses and

of

State

Procurements are partially satisfied. Questions about Bonuses, Official Visits, Reserve Funds, State Assets, State

Replies were provided in violation of 10 days period, prescribed by the General Administrative Code of Georgia Article 40, Part 2.

Programs/Projects and Reports on Release of Public Information are fully ignored. Request for Cultural Events is satisfactory.41

40 41

http://www.opendata.ge/en#!cat/news/topic/158/lang/en http://www.opendata.ge/en#!cat/news/topic/168/lang/en

42

http://www.opendata.ge/en#!cat/news/topic/219/lang/en

15


„Public Information Database“ www.opendata.ge

4.12 Ministry of Justice of Georgia

2011 April August

health, his/her finances or other private matters, should not be accessible for anybody without the consent of the

IDFI has received public information from the Ministry

individual, except in the cases determined by law, when

of Justice of Georgia. Requests for Budget, Purchases and

it is necessary for national security or public safety,

Maintenance Expenses of Vehicles, Communication

health, rights and freedoms of others to protect."

Expenses and Reports on Release of Public Information

Response of the Ministry of Regional Development and

are partially satisfied and question about reserve funds is

Infrastructure of Georgia explained that, the public

fully ignored, all other cases, answers are fully satisfied.43

information requested by IDFI is a personal data and the Ministry has no right to provide them to IDFI. According with the requested public information by IDFI, it is evident, that, questions are about the total expenses of Ministry and have no connection to a specific person with personal data. (Letter № 20110536, 2nd May, 2011). IDFI has received public information from the above mentioned Ministry after the administrative complaint (03, June, 20110, #20110607) against the Minister of Regional

Development,

but

the

answer

was

unsatisfactory.

4.13 Ministry of Regional Development and Infrastructure of Georgia IDFI has received a response to requested public information from the Ministry of Regional Development and Infrastructure of Georgia. Reply was provided in accordance with procedural norms of the General Administrative Code of Georgia Article 40, Paragraph 2. Public information from the Ministry of Regional Development and Infrastructure of Georgia answers only two questions, in all other cases, questions were ignored by the Ministry.

4.14 Ministry of Education and Science of Georgia

It should be noted that, the reply of the Ministry of

After submission of administrative complaint, Ministry of

Regional Development and Infrastructure of Georgia is

Education

caused by the Constitution of Georgia, Article 41,

incomplete information.

and

Science

of

Georgia

has

provided

paragraph 2, which says, that “Information about Human Requests 43

http://www.opendata.ge/en#!cat/news/topic/137/lang/en

about

budget,

bonuses,

communication

expenses, purchases and maintenance expenses of

16


„Public Information Database“ www.opendata.ge

2011 April August

vehicles and reports on release of public information are fully ignored. In all other cases answers are incomplete. 44

4.16. Ministry of Internal Affairs of Georgia 4.15 Ministry of Culture and Monument Protection of Georgia

On 22nd July, 2011 IDFI has received letter, in which Ministry of Internal Affairs of Georgia has requested 10 days period.

IDFI has received public information from the Ministry of Culture and Monument Protection. Questions about Salaries, Bonuses and Official Visits are satisfied. You can see Salaries and Bonuses in complete format.

4.17 IDFI’s requests were fully ignored by the

number of Ministries In all other cases, requests are fully ignored.

45

Replies were provided in violation of 10 days period, prescribed by Administrative Code Article 40, Part 1.

44 45

http://www.opendata.ge/en#!lang/en/cat/news/topic/238 http://www.opendata.ge/en#!lang/en/cat/news/topic/234

IDFI’s requests were fully ignored by the following of Ministries: 1.

Ministry of Internal Affairs of Georgia;

2.

Ministry of Defence of Georgia;

3.

Ministry of Corrections and Legal Assistance of Georgia;

17


„Public Information Database“ www.opendata.ge

4.

Ministry of Refugees and Accommodation of Georgia

IDFI has submitted administrative complaint against to the above mentioned Ministries.

2011 April August

5.3 LEPL’s of the Tbilisi City Hall IDFI has received public information from Tbilisi Architecture Service. Questions about Purchases and Maintenance Expenses of Vehicles and Reports on Release of Public Information are unsatisfactory, because

5. Self-Government Bodies and Independent Regulators 5.1 Tbilisi City Hall IDFI has received public information from Tbilisi City

letter doesn’t contain the information about distribution of vehicles and data of the Individual - Administrative – Legal Acts, which include a comply with request of public information or the decisions of the rejection, issued by the Service. In all other cases, letter detailed answers to all questions.47

Hall. Questions about Salaries and Bonuses are partially satisfied. Questions about Reserve Funds and State

Also, IDFI has received public information from the

Procurements are fully ignored. In all other cases, letter

Property Management Agency of the Tbilisi City Hall.

detailed answers to all questions.

Answers about Purchases and Maintenance Expenses of Vehicles, State Procurements and Reports on Release of

Replies were provided in accordance with procedural

Public Information are incomplete, because letter doesn’t

norms of the General Administrative Code of Georgia

contain the information about Fuel Type, Vehicle Model

Article 40, Paragraph 1.

and Data of the Individual - Administrative – Legal Acts, which include a comply with request of

public

information or the decisions of the rejection, issued by the Agency. In all other cases, letter detailed answers to

5.2 Tbilisi City Assembly

all questions.48

IDFI has received a response of requested public

Replies were provided within 10 days period, prescribed

information from the Tbilisi City Assembly. Reply was

by the General Administrative Code of Georgia, Article

provided in accordance with procedural norms of

40, and part 1.

Administrative Code Article 40, Paragraph 2. Response had 3 annexes and contained partially satisfied answers. 46

47 46

http://www.opendata.ge/en#!cat/news/topic/122/lang/en

48

http://www.opendata.ge/en#!lang/en/cat/news/topic/242 http://www.opendata.ge/en#!lang/en/cat/news/topic/259

18


„Public Information Database“ www.opendata.ge

2011 April August

6.2 Georgian National Energy and Water Supply

Regulatory Commission IDFI has received an official letter of rejection from Georgian National Energy and Water Supply Regulatory Commission. Commission has rejected IDFI’s official request for public information on the bases of the Constitution – Article 41, paragraph 2 and the General Administrative Code Article 44. Also, they explained that Commission isn’t financed by government and covers its

6. Independent Regulatory Authorities

expenses from revenues of regulations.

6.1 Georgia National Communications Commission IDFI has received public information from the Georgia National

Communications

Commission.

Information

about state budget, communication expenses, state programs and projects are partially satisfied. Information about salaries and bonuses are fully ignored, in all other cases, questions are fully satisfied.49

Firstly, it should be noted that in accordance with the General Administrative Code of Georgia Article 44, paragraph 1, personal information is a confidential and disclosure is not allowed without the consent of the person. In addition, the following also spelled out that the officials (as well as the nominated candidates) personal information is not a confidential. Georgian National Energy and Water Supply Regulatory Commission’s refusal is not legally justified. In accordance with the General Administrative Code Article 42, Subparagraph “n”, everyone has the right to know public information, Replies were provided within 10 days period, prescribed

which is not a commercial, private or state confidential.

by the General Administrative Code of Georgia, Article

Legal standard and the content of the letter are

40, and part 1.

incompatible with each other, as a public institution is

49

obliged to provide information about the issues in which http://www.opendata.ge/en#!cat/news/topic/138/lang/en

19


„Public Information Database“ www.opendata.ge

it implementing the public-legal authority. On the bases

2011 April August

7.1 Independent Administrative Bodies

of the Georgian Law on Legal Entity of Public Law (Article 9, paragraph 1), it implements public activities and Georgian National Energy and Water Supply Regulatory Commission was obliged to provide public

On 31st of May, 2011, IDFI has submitted a official requests of public information to the following Independent Administrative Bodies of Georgia:

information about the following issues: The list of public authority officials, advertising and culture events, State Procurement, individual - Administrative – Legal acts

1.

National Statistics Office of Georgia “Geostat”51

2.

National Intellectual “Sakpatenti”52

3.

The Center of Electoral Systems Development, Reforms and Trainings53

(indicating the data), which include a comply with request of public information or the decisions of the rejection, list of the projects and programs (social, goaloriented, research, scientific, educational, certain areas on the development of directed and mist.) implemented on the basis of the appropriate legal act and/or on its own initiative, which customer, performer or the any part of the sales operation represents the Georgian National Energy and Water Supply Regulatory Commission. In addition, if the Commission had no such kind of information it should be provided in written form to IDFI.

Property

Center

All hence, the conclusion should be taken that the legal basis of the answer from Georgian National Energy and Water Supply Regulatory Commission is illegal and incompetent.

7. Legal

IDFI

Entities of Public Law (LEPL) and Sub-departments

has submitted a official requests of public

information to the all Legal Entities of Public Law and Sub-Divisions of Georgia. Requests sent to the Ministries were standard.50

51 52 50

http://www.opendata.ge/en#!cat/news/topic/116/lang/en

53

http://www.opendata.ge/en#!lang/en/cat/news/topic/224 http://www.opendata.ge/en#!lang/en/cat/news/topic/274 http://www.opendata.ge/en#!cat/news/topic/227/lang/en

20


„Public Information Database“ www.opendata.ge

4.

5.

6.

54 55 56

2011 April August

Office of Public Defender54

Levan Samkharauli National Bureau of Forensic Medicine55

7.

Financial Monitoring Service of Georgia57

8.

National Bank of Georgia58

9.

Agency of Free Trade and Competition of Georgia59

Georgian Public Broadcaster56

http://www.opendata.ge/en#!cat/news/topic/200/lang/en http://www.opendata.ge/en#!cat/text_info/id/1124/lang/en http://www.opendata.ge/en#!lang/en/cat/news/topic/256

57 58

http://www.opendata.ge/en#!cat/news/topic/226/lang/en http://www.opendata.ge/en#!lang/en/cat/news/topic/240

21


„Public Information Database“ www.opendata.ge

2011 April August

10. Central Election Commission of Georgia60 13. State Procurement Agency

11. Chamber of Control of Georgia61

7.2 Legal Entities of Public Law (LEPL) and Sub-departments 7.2.1 Lepl’s under the Ministry of Justice of

Georgia IDFI has requested public information from the 9 lepl’s under the Ministry of Justice of Georgia. 12. Civil Service Bureau62 59 60 61 62

http://www.opendata.ge/en#!lang/en/cat/news/topic/237

1.

Notary Chamber of Georgia;63

2.

Legislative Herald of Georgia;64

3.

The Training Center of Justice;65

http://www.opendata.ge/en#!lang/en/cat/news/topic/236 http://www.opendata.ge/en#!lang/en/cat/news/topic/243 http://www.opendata.ge/en#!lang/en/cat/news/topic/232

63 64

http://www.opendata.ge/en#!cat/news/topic/139/lang/en http://www.opendata.ge/en#!cat/news/topic/144/lang/en

22


„Public Information Database“ www.opendata.ge

4.

National Agency of Public Registry;66

7.2.2 LEPLs under the Ministry of Internal

67

The National Archives of Georgia;

6.

Civil Registry Agency;68

7.

National Bureau of Enforcement;69

IDFI has requested public information from the 7 lepl’s

8.

Data Exchange Agency;70

under the Ministry of Internal Affairs of Georgia.

Prosecutor’s Office of Georgia

Affairs of Georgia

71

1. 2. 3. 4. 5. 6. 7.

66 67 68 69 70 71

August

5.

9.

65

2011 April -

http://www.opendata.ge/en#!cat/text_info/id/619/lang/en http://www.opendata.ge/en#!lang/en/cat/news/topic/239 http://www.opendata.ge/en#!cat/news/topic/157/lang/en http://www.opendata.ge/en#!cat/news/topic/164/lang/en http://www.opendata.ge/en#!cat/news/topic/167/lang/en http://www.opendata.ge/en#!lang/en/cat/news/topic/119 http://www.opendata.ge/en#!cat/news/topic/160/lang/en

72 73 74 75 76 77 78

Academy of the Ministry of Internal Affairs of Georgia;72 Special Governmental Connections and 73 Information Agency; Border Police of Georgia;74 The Security Police;75 State Financial Resources Department;76 Healthcare Service of the Ministry of Internal Affairs of Georgia;77 Service Agency of the Ministry of Internal Affairs of Georgia78

http://www.opendata.ge/en#!lang/en/cat/news/topic/251 http://www.opendata.ge/en#!lang/en/cat/news/topic/272 http://www.opendata.ge/en#!lang/en/cat/news/topic/196 http://www.opendata.ge/en#!lang/en/cat/news/topic/277 http://www.opendata.ge/en#!cat/news/topic/148/lang/en http://www.opendata.ge/en#!lang/en/cat/news/topic/268 http://www.opendata.ge/en#!lang/en/cat/news/topic/196

23


„Public Information Database“ www.opendata.ge

2011 April August

7.2.3 Lepl under the Ministry of Foreign Affairs of Georgia IDFI has requested public information from the

7.2.4 lepl

Ministry of Regional Development

under the Ministry of Foreign Affairs of Georgia. 1.

Bureau of Agreement79

Translation

of

International

Public Institutions under the and Infrastructure of Georgia

IDFI has requested public information from 4 LEPLs under the Ministry of Regional Development and Infrastructure of Georgia. 1. Vano Khukhunaishvili Center for Effective Governance System and Territorial Arrangement Reform;80 2.

Eurasian Transport Corridor Investment Center;81

3.

Municipal Development Fund of Georgia;82

4.

Roads Department of Georgia83

80 81 82 79

http://www.opendata.ge/en#!cat/news/topic/149/lang/en

83

http://www.opendata.ge/en#!lang/en/cat/news/topic/134 http://www.opendata.ge/en#!lang/en/cat/news/topic/162 http://www.opendata.ge/en#!lang/en/cat/news/topic/146

24


„Public Information Database“ www.opendata.ge

2011 April August

7.2.6 Public Institution under the Ministry of Defence of Georgia On May 19th, 2011, IDFI has requested public information from 4 LEPLs under the Ministry of Defence of Georgia: 1.

State Hydrographic Service of Georgia;85

2.

Military Hospital of the Ministry of Defence of Georgia;86

3.

DELTA - State Military Scientific-Technical Center;87

4.

Cadets Military Lyceum88

7.2.5 Public Institution under the Ministry of Refugees and Accommodation of Georgia IDFI has requested public information from the LEPL under the Ministry of Refugees and Accommodation of Georgia: 1. Internally

Displaced

Persons’

Community

Development Center84

85

http://www.opendata.ge/en#!lang/en/cat/news/topic/203

86

Requests were fully ignored Requests were fully ignored 88 http://www.opendata.ge/en#!cat/news/topic/202/lang/en 87

84

http://www.opendata.ge/en#!lang/en/cat/news/topic/196

25


„Public Information Database“ www.opendata.ge

7.2.7 Public Institutions under the

Corrections and Legal Assistance

IDFI has requested public information from 5 LEPLs under the Ministry of Finance of Georgia:

IDFI has requested public information from 4 LEPLs under the Ministry of Finance of Georgia:

Treasury Service (State Treasury);89 Georgia Revenue Service;

3.

Financial Analytical Service;91

4.

Investigation

of

the

Ministry

of

Finance;92 5.

89 90 91 92 93

1.

Penitentiary Department;94

2.

National Probation Agency;95

3.

Penitentiary and Probation Training Centre;96

4.

Legal Aid Service97

90

2.

Service

August

7.2.8 Public Institutions under the Ministry of

Ministry of Finance of Georgia

1.

2011 April -

Service Agency of the Ministry of Finance

93

http://www.opendata.ge/en#!lang/en/cat/news/topic/124 http://www.opendata.ge/en#!lang/en/cat/news/topic/194 http://www.opendata.ge/en#!lang/en/cat/news/topic/211 http://www.opendata.ge/en#!lang/en/cat/news/topic/231 http://www.opendata.ge/en#!lang/en/cat/news/topic/221

94 95 96 97

http://www.opendata.ge/en#!lang/en/cat/news/topic/143 http://www.opendata.ge/en#!lang/en/cat/news/topic/198 http://www.opendata.ge/en#!lang/en/cat/news/topic/182 http://www.opendata.ge/en#!cat/text_info/id/539/lang/en

26


„Public Information Database“ www.opendata.ge

8.

2011 April August

Construction and Technical Inspection105

7.2.9 Public Institutions under the Ministry of

Economy and Sustainable Development of Georgia IDFI has requested public information from 8 public institutions under the Ministry of Economy and Sustainable Development of Georgia: 1.

Georgian National Investment Agency;98

2.

Enterprise Management Agency;99

3.

Georgian National Tourism Agency;100

4.

National

Agency

for

Standards,

Technical

Regulations and Metrology;101 5.

United

National

Accreditation

Agency-

Accreditation Center (GAC);102

98

6.

Georgian Chamber of Commerce and Industry;103

7.

State Ensuring Agency;104

http://www.opendata.ge/en#!lang/en/cat/news/topic/218

99

7.2.10 Public Institutions under the Ministry of

Energy and Natural Resources of Georgia IDFI has requested public information from 2 public institutions under the Ministry of Energy and Natural Resources of Georgia: 1. Department of Investigation of the Ministry of Energy

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/230

and Natural Resources;106

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/187 101 http://www.opendata.ge/en#!lang/en/cat/news/topic/223

2. Basic Sapling Forestry107

100

102 104

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/188 103 Requests are fully ignored

105 106

Requests are fully ignored Requests are fully ignored http://www.opendata.ge/en#!lang/en/cat/news/topic/261

27


„Public Information Database“ www.opendata.ge

1.

2011 April August

State Fund for Protection and Assistance of Victims of Human Trafficking;108

2.

Social Service Agency;109

3.

The National Center for Disease Control and Public Health;110

4.

State

Regulation

Agency

for

Medical

Activities;111 5.

Department of Veterans Affairs;112

6.

State Care Agency;113

7.

Health Insurance Mediation Service114

7.2.11 Public Institutions under the Ministry of

Labour, Health and Social Affairs of Georgia

108

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/174 109

IDFI has requested public information from 7 public institutions under the Ministry of Labour, Health and Social Affairs of Georgia:

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/266 110

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/254 111

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/205 112

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/247 113

107

http://www.opendata.ge/en#!lang/en/cat/news/topic/245

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/233 114 http://www.opendata.ge/en#!lang/en/cat/news/topic/217

28


„Public Information Database“ www.opendata.ge

2011 April August

7.2.12 Public Institutions under the Ministry of

Culture and Monument Protection of Georgia IDFI has requested public information from 8 public institutions under the Ministry of Labour, Health and Social Affairs of Georgia: 1.

National

Agency

for

Preservation of Georgia;

Cultural

Heritage

115

2.

Georgian National Film Center;116

3.

Apolon Kutateladze Tbilisi State Academy of 7.2.13 Public

Arts;117 4.

Z. Paliashvili Opera and Ballet State Theater;

5.

Shota Rustaveli Theatre and Film Georgian State IDFI has requested public information from 4 public

University;119 6.

Shota Theatre;

115 116 117 118 119 120 121

Rustaveli

Institutions under the Ministry of Sports and Youth Affairs of Georgia

118

State

Academic

Drama

120

7.

Jansugh Kakhidze Musical-Cultural Centre;121

8.

Vano Saradjishvili Tbilisi State Conservatoire122

institutions under the Ministry of Sports and Youth Affairs of Georgia: 1.

Children and Youth Development Fund;123

2.

Sport and Fitness Complex;124

3.

Olympic Trainings Centre of Georgia;125

http://www.opendata.ge/en#!lang/en/cat/news/topic/249 http://www.opendata.ge/en#!lang/en/cat/news/topic/204

122

http://www.opendata.ge/en#!lang/en/cat/news/topic/241

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/275 123 http://www.opendata.ge/en#!lang/en/cat/news/topic/189

http://www.opendata.ge/en#!lang/en/cat/news/topic/265 http://www.opendata.ge/en#!lang/en/cat/news/topic/180 http://www.opendata.ge/en#!lang/en/cat/news/topic/171 http://www.opendata.ge/en#!lang/en/cat/news/topic/206

124 125

http://www.opendata.ge/en#!lang/en/cat/news/topic/206 http://www.opendata.ge/en#!lang/en/cat/news/topic/229

29


„Public Information Database“ www.opendata.ge

4.

3.

Children and Youth National Center126

2011 April August

National Service of Food Safety, Veterinary and Plant Protection129

7.2.14 Public Institutions under the Ministry of

7.2.15 Public Institutions under the Ministry of

Agriculture of Georgia

Environment Protection

IDFI has requested public information from 3 public institutions under the Ministry of Agriculture of Georgia:

IDFI has requested public information from 2 Legal Entities of Public Law under the Ministry of Agriculture

1.

Laboratory of the Ministry of Agriculture of

of Georgia:

Georgia;127 2.

“SAMTREST” – State Department of Vine and Wine;128

126 127 128

http://www.opendata.ge/en#!lang/en/cat/news/topic/253 http://www.opendata.ge/en#!lang/en/cat/news/topic/201 http://www.opendata.ge/en#!lang/en/cat/news/topic/246

129 130 131

1.

National Environmental Agency;130

2.

Agency of Protected Areas131

http://www.opendata.ge/en#!lang/en/cat/news/topic/228 http://www.opendata.ge/en#!lang/en/cat/news/topic/267 http://www.opendata.ge/en#!lang/en/cat/news/topic/209

30


„Public Information Database“ www.opendata.ge

4.

National

Center

for

Teacher

2011 April August

Professional

Development;135 5.

Batumi Sh. Rustaveli State University;136

6.

Kutaisi A. Cereteli State University;137

7.

Zurab Zhvania Georgian School of Public Administration;138

8.

State Medical University;139

9.

Shota Meskhia Zugdidi State University;140

10. I. Gogebashvili Telavi State University;141 11. Sokhumi State University;142 12. Gori Teaching University;143 13. Technical University of Georgia;144 14. Ilia State University;145 15. Shota Rustaveli National Science Foundation;146 16. Iv. Javakhishvili Tbilisi State University (TSU);147

134

http://www.opendata.ge/en#!lang/en/cat/news/topic/197

135

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/273 136

7.2.16 Public Institutions under the Ministry of

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/276

Education and Science of Georgia

137

IDFI has requested public information from 20 public

139

institutions under the Ministry of Education and Science

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/258

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/278 138 http://www.opendata.ge/en#!lang/en/cat/news/topic/282

140

of Georgia:

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/271 141

1.

National Examinations center;132

2.

National Curriculum and Assessment Center;133

3.

Educational

and

Scientific

Infrastructure

Development Agency;134

132 133

http://www.opendata.ge/en#!lang/en/cat/news/topic/156 http://www.opendata.ge/en#!lang/en/cat/news/topic/195

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/269 142

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/260 143

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/263 144 http://www.opendata.ge/en#!lang/en/cat/news/topic/262 145 146

http://www.opendata.ge/en#!lang/en/cat/news/topic/179 http://www.opendata.ge/en#!lang/en/cat/news/topic/250

31


„Public Information Database“ www.opendata.ge

17. National

Center

for

Educational

Quality

August

Supreme Council of Georgia and High School of Justice. Requests submitted by IDFI were standard and specific

Enhancement;148 18. Georgian National Academy of Sciences;149 19. Constitutionalism

2011 April -

Research

and

also.152

8.1 High School of Justice

Support

Regional Center;150 20. Office of Resource of Educational Institution151

IDFI has received public information from High School of Justice. Question about Tenders and Budget balance are partially satisfied. In all other cases, letter detailed answers to all questions.153

Replies were provided within 10 days, in accordance with procedural norms of the General Administrative Code of Georgia Article 40, Part 1.

8.2 Supreme Council of Justice On June 08th, 2011, IDFI has received public information from Supreme Council of Justice. Questions about

8. Courts of Georgia

Salaries, Bonuses and Purchases and Maintenance Expenses of Vehicles are partially satisfied, because letter doesn’t contain the information about distribution of

IDFI has submitted a official letters of public information to all Courts of Georgia, Constitutional Courts of Georgia, 147 148 149

vehicles (including vehicle model) and the total amount of salaries and bonuses are not separated. In all other cases, answers are satisfactory.

http://www.opendata.ge/en#!lang/en/cat/news/topic/235 http://www.opendata.ge/en#!lang/en/cat/news/topic/155 http://www.opendata.ge/en#!lang/en/cat/news/topic/186

150

http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/ne ws/topic/244 151 http://www.opendata.ge/en#!lang/en/cat/news/topic/257

152 153

http://www.opendata.ge/en#!lang/en/cat/news/topic/161 http://www.opendata.ge/en#!lang/en/cat/news/topic/173

32


„Public Information Database“ www.opendata.ge

2011 April August

8.4 All Court of Georgia IDFI has submitted a official letters of requests for public information to all Courts of Georgia, Requests submitted by IDFI were standard and specific also. For example, specific requests included: Total number of judicial disputes in Court, on a base of the Civil Code, Articles 7276 and 78 (mistakes in deals), during the period of 2010 and the period of the first quarter (three months) 2011. Replies were provided within 10 days, in accordance with procedural norms of the General Administrative Code of Georgia Article 40, Paragraph 1.

The total number of requests, submitted by IDFI was 246. 235 of them were satisfied, in which complete answers were 137 and incomplete answers were 80; 18 of them were declined and 11 of them were unanswered. 98% of

8.3 Constitutional Court of Georgia

the total requests are provided within 10 days, in accordance with procedural norms of the General Administrative Code of Georgia Article 40, Paragraph 1

On June 16 , 2011, IDFI has received public information

and only 2% of the requests are provided in violation of

from the Constitutional Court. Questions about Budget

time frames, prescribed by the General Administrative

and Purchases and Maintenance Expenses of Vehicles are

Code of Georgia.

th

partially satisfied, because letter doesn’t contain the information about fuel type and complete budget balance. In all other cases, letter detailed answers to all

1.

Supreme Court of Georgia;155 156

questions.154

2.

Constitutional Court of Georgia

3.

Kutaisi Appeal Court;157

procedural norms of the General Administrative Code of

4.

Tbilisi Appeal Court;158

Georgia, Article 40, and Part 1.

5.

Kazbegi District Court;

6.

Marneuli Magistrate Court;

7.

Borjomi Magistrate Court;

8.

Khulo Magistrate Court;

9.

Gori District Court;

Replies were provided within 10 days, in accordance with

159

10. Batumi City Court; 155

http://www.opendata.ge/en#!lang/en/cat/news/topic/212

156

http://www.opendata.ge/en#!lang/en/cat/other_useful_information_text /id/56 157 http://www.opendata.ge/en#!lang/en/cat/news/topic/181 158 154

http://www.opendata.ge/en#!lang/en/cat/news/topic/255

159

http://www.opendata.ge/en#!lang/en/cat/news/topic/214 http://www.opendata.ge/en#!lang/en/cat/news/topic/175

33


„Public Information Database“ www.opendata.ge

2011 April August

11. Poti City Court;160 12. Telavi District Court; 13. Mestia District Court; 14. Zugdidi District Court;161 15. Kutaisi City Court;162 16. Tbilisi City Court;163

160 161 162

http://www.opendata.ge/pdf_files/potis_saqalaqo_10_06.pdf http://www.opendata.ge/pdf_files/zugdidisn_raionuli_13_06.pdf

http://www.opendata.ge/pdf_files/qutaisis_saqalaqo_sasamartlo0001.pdf 163 http://www.opendata.ge/en#!lang/en/cat/news/topic/176

34


„Public Information Database“ www.opendata.ge

2011 April August

V The Final Quarterly Evaluation

35


„Public Information Database“ www.opendata.ge

All public institutions have different approach to the providing public information. Part of the public institutions prefers the position of ignore, this can be explained by two circumstances: 1.

Independent

attitude

August

Also, public institutions instead of providing complete answers, refers to web pages addresses. Freedom of information is the main postulate and base of democracy. It is imperative that the Democratic Republic

to

provide

public

information or lack of the knowledge of law; 2.

2011 April -

must be ruled in a fair space. In addition, implementation of the law by the physical or legal persons and public institutions (Ministries, LEPLs and Courts) is the

Public institutions have such kind of information which they do not want to be visible, for

guarantor of the fair state. Otherwise, it’s impossible to create civil society on the legal bases.

example Salaries or Bonuses of public officials and other. Part of the public institutions provides public information in incomplete format; this can be explained by two circumstances: 1.

Representatives of the public institutions do not understand the meaning of requested public information.

For

example

they

do

not

understand the difference between the complete system and structural units. 2.

They do not calculate the information, which means that public institutions do implement the legislation of Georgia, which prescribed that all public institutions are obliged to have a public information registry.

36

Informational Bulletin №3  

The results of the first stage of the project “Public Information Database” – www.opendata.ge

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