Regulations on ensuring access to public information
at the National Aerospace University «Kharkiv Aviation Institute»
Approved:
Rector
of the National Aerospace University
"Kharkiv Aviation Institute"
СУЯ ХАІ-ЮВ-П/003:2018
Date of introduction: October 1, 2018
Editorial No.1
1. Terms
1.1. This Regulation defines the procedure for access to public information at the National Aerospace University "Kharkiv Aviation Institute" (hereinafter - the University) and was developed in accordance with the requirements of the Law of Ukraine "On Access to Public Information" dated January 13, 2011 No. 2939-VI, Laws of Ukraine "On Information » dated October 2, 1992 No. 2657-ХІ, "On Higher Education" dated July 1, 2014 N2 1556-VIІ, "On Citizen Appeals" dated October 2, 1996 No. 393/96-ВР (in current editions) and other normative legal acts of Ukraine, taking into account the recommendations of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine dated August 14, 2018 No. 1-2359/18-13 regarding the practical application of the Law of Ukraine "On Access to Public Information" and court practice by institutions of higher education.
1.2. In this Regulation, the following terms are used in the following meaning:
- responsible person for information requests (responsible person)- an official of the University who, in accordance with this Regulation, is entrusted with the duties of processing, systematizing, analyzing requests for information, monitoring their satisfaction and providing advice during the processing of requests;
- executor- a structural unit and/or official of the University, who possesses public information about a particular area of activity of the University and is obliged to provide such information at the request of the person responsible for information requests;
- request for information- a request by a person or a group of persons in oral, written or other form to provide public information that is in the possession of the University;
- information requesters- individuals, legal entities, associations of citizens without the status of a legal entity, except for subjects of power;
- citizens' appeals- suggestions (remarks), statements (requests) and complaints presented in written or oral form;
- information with restricted access- confidential, secret or official information;
- information of public interest (socially necessary information)- information that indicates a threat to the state sovereignty and territorial integrity of Ukraine; ensures the implementation of constitutional rights, freedoms and obligations, in particular, regarding admission to higher education institutions; indicates the possibility of violation of human rights, misleading the public, harmful and other negative consequences of activities (inaction) of individuals or legal entities, etc. The list of types of information that is socially necessary is not exhaustive, while deciding whether there is a relevant public interest in obtaining such information, it is necessary to take into account the identity of the requester, the number of persons to whom the requested information relates, the presence of a public discussion on the relevant issues (clause 6.4 of Resolution No. 10 of the Plenum of the Higher Administrative Court of Ukraine dated September 20, 2016);
- confidential information- information, access to which is limited to a natural or legal person, except for subjects of authority, and which can be distributed in the order determined by them, at their will, in accordance with the conditions stipulated by them;
- public information- information displayed and documented by any means and on any media, which was obtained or created in the course of the University's performance of its duties, provided for by current legislation, or which is in the possession of the University. Any information contained in documents related to the planning and organization of the educational process, as well as in documents created during the management of the University (orders and orders of the rector, decisions of collegial management bodies and public self-government, local regulations of the University, etc.). Information related to the use of funds from both general and special funds is considered public at the University, in particular, contained in:
- primary documents recording business operations carried out with budget funds (contracts, acts, invoices, etc.);
- estimates and reports on the use of funds;
- the staff list and other documents related to the payment of labor at the expense of budget funds (staffing orders, time sheets, documents on planning and accounting of educational, methodical, scientific and organizational work of pedagogical and scientific-pedagogical workers, etc.);
- documents related to the implementation of the state and/or regional order for the training of specialists;
- minutes of meetings of scholarship commissions and other documents related to the appointment and payment of scholarships to education seekers, regardless of the type of scholarships (academic, social, personal, etc.);
- managers of information (for the purposes of this Regulation)- the University regarding information that was created or received by it in connection with the implementation of educational activities, as well as regarding the University's use of budget funds, both general and special funds, and/or University officials who the subjects of power have been granted delegated powers by law or contract, if they perform power management functions in accordance with legislation and the decisions of which are binding;
- official information- information contained in the documents of subjects of authority, which constitute intra-departmental official correspondence, reports, recommendations, if they are related to the development of the direction of the institution's activities or the implementation of control and supervisory functions by state authorities, the decision-making process and precede public discussion and/or decision-making, as well as information collected in the process of operative-search, counter-intelligence activities, in the field of defense of the country, which is not classified as a state secret;
- a special place for receiving written requests and work of requesters with documents or their copies- the department of records and archives (hereinafter - the office) of the University;
- subjects of authoritative powers- state authorities, local self-government bodies, authorities of the Autonomous Republic of Crimea, their officials or officials, other subjects when they exercise authoritative management functions based on legislation, including the performance of delegated powers, and the decisions of which are binding;
- secret information- information, access to which is restricted in accordance with the second part of Article: 6 of the Law of Ukraine "On Access to Public Information", the disclosure of which may cause harm to a person, society and the state, and which contains state, professional, bank secrets, pre-trial secrets investigation and other secrecy prescribed by law.
1.3. Legal regulation of relations related to providing access to public information is carried out in accordance with the Law of Ukraine "On Access to Public Information".
1.4. The effect of this Regulation does not extend to relations arising in the field of citizen appeals regulated by a special law.
1.5. Observance of the established procedure for providing public information (processing, systematization, analysis of requests for information and control over their satisfaction, including coordination of actions regarding reimbursement by requesters of actual costs in cases established by the Law of Ukraine "On Access to Public Information" for copying or printing) about the activities of the University organizes is provided by the vice-rector for scientific and pedagogical (scientific) work on behalf of the rector of the University (if necessary, with the involvement of the heads of structural units within the limits of the granted powers and according to the distribution of functional responsibilities).
2. Providing access to public information about the activities of the University
2.1. Access to public information about the activities of the University is provided by:
1) publication of public information in mass media (hereinafter - media);
2) placement of public information on information stands;
3) placing public information on the official website of the University (e-mail address http://www.khai.edu);
4) placement of public information in the official printed edition of the University - the newspaper "Za aviakadry";
5) provision of information upon information requests;
6) in any other way.
2.2. The publication of public information in mass media is ensured in accordance with the Laws of Ukraine "On access to public information", "On information", "On printed mass media (press) in Ukraine", "On television and radio broadcasting", "On information agencies".
2.3. The person responsible for information requests through the Public Relations Center organizes the placement on the official website of the University of information (documents) prepared by structural units taking into account the requirements of the Law of Ukraine "On Access to Public Information", "On Higher Education".
2.4. Publishing public information (documents) on the official website does not release the University from the obligation to provide relevant information to requests for public information in accordance with the Law of Ukraine "On Access to Public Information".
2.5. Placement on the official website is subject to:
1) information about the University and its activities:
- location, postal address, e-mail address for sending electronic requests for information, telephone numbers;
- organizational structure, surnames, names and patronymics, service numbers of means of communication, e-mail addresses of the rector, vice-rectors, deans of faculties, as well as heads of structural divisions of the University;
- work schedule and admission schedule of citizens at the University;
- surname, first name and patronymic of the person responsible for work with requests for public information, his contact details;
- vacancies, the procedure and conditions of the competition for filling vacant positions;
2) internal rules of the University;
3) information about the regulatory and legal basis of the University's activities;
4) information on financial resources (structure and amount of budget funds, order and mechanism of their spending, etc.);
5) data on the procedure for compiling and submitting a request for information;
6) the form for submitting a request for public information;
7) information about the accounting system, types of information in the possession of the University;
8) reports, including on the fulfillment of information entries;
9) admission conditions and rules of admission to the University in the current year;
10) information on the purpose and principles of activity of structural divisions of the University;
11) information on the activities of primary trade union organizations;
12) information on the activities of student self-government at the University;
13) information, the disclosure of which is mandatory in accordance with the requirements of Article 79 of the Law of Ukraine "On Higher Education", namely:
- the statute and other documents of the University, which regulate the procedure for carrying out the educational process;
- information on the composition of the University's governing bodies;
- the budget of the University;
- annual, including financial reports;
- estimate for the current year and all changes to it;
- report on the use and receipt of funds;
- information on conducting tender procedures;
- staff list for the current year;
14) other information about the activities of the University, which belong to public information.
Any information about facts threatening the life, health and/or property of persons, and about the measures applied in connection with this, is subject to immediate disclosure.
2.6. On the official website of the University and in the newspaper "Za aviakadry" there are:
- conditions and procedure for obtaining public information about the activities of the University;
- other information necessary for promptly informing information requesters about the activities of the University.
2.7. Access to public information about the activities of the University is limited if such data, in accordance with the legislation of Ukraine, belongs to information with limited access. The list of information that belongs to information that does not contain signs of public information, as well as information that belongs to information with limited access, is defined in Appendix A to this Regulation.
According to Clause 9 of Art. 45 of the Law of Ukraine "On Higher Education" is not information with limited access:
- statistical information on the results of external independent evaluation;
- information contained in the certification works of persons who have undergone an external independent evaluation, except for those that identify the person who performed a specific certification work, from the moment of completion of the evaluation of the works.
2.8. The provision of public information about the activities of the University to the requesters by placing the specified information on the website is provided by the person responsible for information requests (if necessary, with the involvement of the heads of structural divisions within the limits of the granted powers and in accordance with the division of functional responsibilities).
3. The procedure for applying for public information about the University's activities
3.1. The requester of information has the right to apply to the University with a request for information, the requirements for the registration of which are determined by the Law of Ukraine "On Access to Public Information".
3.2 Requesters of information have the right to contact the University with a request for information, regardless of whether this information concerns them personally or not, without explaining the reason for submitting the request.
3.3. The request for information may be individual or collective.
3.4. Requesters of information may submit a request for information orally, in writing, or in another form (by mail, fax, telephone, e-mail) at the requester's choice, as well as contact the University with a request for information during a personal reception by University officials. To avoid misinterpretation of the content and scope of the request, it is recommended to submit requests in writing or in the form of an electronic document.
3.5. A written request can be submitted in any form.
3.6. The request for information must contain:
1) the requester's name, postal address or e-mail address, as well as the number of the means of communication, if any;
2) a general description of the information or the type, name, details, or content of the requested document, if the requester knows it;
3) signature and date, provided the request is submitted in writing;
4) the necessary information identifying the person in order to create conditions for sending the response to the request to the appropriate addressee.
3.7. If for valid reasons (disability, special physical capabilities, etc.) a person cannot submit a written request in person, it must be issued by the person responsible for information requests or another employee of the University determined by this person, who must include his or her name in the request , contact phone number and provide a copy of the request to the person who submitted it.
3.8. In order to simplify the procedure for processing written requests for information, a person can submit a request by filling out the appropriate information request forms, the forms of which are given in Appendix B and Appendix B to these Regulations (located on the official website of the University).
4. Procedure for registration and processing requests for information
4.1. Requests for information received at the address of the University are accepted, pre-processed and registered in the office taking into account the requirements of this Regulation and in accordance with the requirements of the Law of Ukraine "On Access to Public Information".
If the request for information was sent to the office by mail in any form, the envelope should be marked "Request for public information".
If the relevant document is not identified as a request for information, the final decision on whether the received document belongs to such a request is made by the rector at the proposal of the responsible person or by his delegation, by the vice-rector for scientific and pedagogical (scientific) work.
4.2. Requests for information, together with other incoming correspondence, are registered in the office and subsequently recorded by the responsible person in the Log of requests for public information.
The record of requests for public information in accordance with the current nomenclature of cases and instructions on record keeping is kept and kept by the responsible person.
4.3. After receiving and registering incoming correspondence, requests for information are separated, and with the proposals of the responsible person, they are immediately transferred to the rector of the University for obtaining the appropriate resolution and determining the executors.
4.4. The response to the request for information is provided no later than 5 (five) working days from the date of receipt of the request to the University.
4.5. If the request contains a request to provide public information related to various areas of the University's activities, the executors are determined by the heads of the structural divisions according to the areas of activity.
In such a case, the executor is obliged to provide relevant materials and information to the responsible person no later than four working days after the request is received by the University.
4.6. Registration and processing of requests for information received by the University in the form of an electronic document (fax, e-mail) is carried out by the relevant employee in accordance with the procedure established by clause 4.1 of this Regulation, after they are printed on a paper medium.
4.7. The answer to the request is provided by the responsible person to the address specified by the requester of the Information and in the requested form (by letter or in the form of an electronic document).
Correspondence regarding requests for public information, including paper copies of electronic requests for information, are kept by the responsible person in a separate file "Correspondence regarding requests for public information" according to the current nomenclature of cases.
4.8. If the accepted request, along with the request to provide information or a copy of an official document, also contains a complaint, proposal, statement, then in the part of providing information or a copy of an official document, it is processed as a request for public information in accordance with the Law of Ukraine "On Access to Public Information", and in part of the complaint, proposal, statement, appeal in accordance with the Law of Ukraine "On Appeals of Citizens".
4.9. If the request, together with the request to provide public information, also contains a request to provide non-public information, then the response to the request can be provided to the applicant separately within the time limits provided by the law, and the requester is notified of this.
5. The procedure for providing public information about the activities of the University and student self-government bodies
5.1. A response to a request for public information about the activities of the University may be provided under the signature of the person responsible for information requests, if this is provided for by the rector's resolution on the request.
A response to a request containing a request to provide public information from various areas of the University's activities, the executors of which are identified by several persons, as well as a response with a refusal to provide such information, is provided under the signature of the rector or on his behalf under the signature of the vice-rector for scientific and pedagogical (scientific) work , unless otherwise determined by the rector.
5.2. 3 taking into account the provisions of Article 40 of the Law of Ukraine "On Higher Education" regarding non-interference in the activities of student self-government bodies by the University administration, as well as the principle of openness in the activities of these bodies, since the student self-government bodies of the University do not have the status of a legal entity, which makes it impossible to refer to them directly requests for public information, the provision of an answer in such cases should ensure the following procedure for the University:
5.2.1. If the requested information is stored only in the body of student self-government, the rector or, on his behalf, the vice-rector for scientific and pedagogical (scientific) work, applies to such a body to obtain the relevant information, after which an answer is provided to the information requester in accordance with the procedure established by these Regulations. If necessary, the rector or, on his behalf, the vice-rector for scientific and pedagogical (scientific) work may extend the deadline for providing a response to a request for public information up to 20 working days in accordance with Article 4. 20 of the Law of Ukraine "On Access to Public Information" and Clause 5.9 of this Regulation.
5.3. Public information about the activities of the University can be provided orally, on paper and in electronic form. To avoid misinterpretation of the content and scope of the response to the request, as a rule, the response to the request is provided in writing or in the form of an electronic document.
5.4.Public information about the activities of the University is provided in the form and in compliance with the rules defined by the Instructions on the University's record keeping.
If the form of providing public information is not provided by law, it is provided in the form specified in the request for information. If it is not possible to publicly provide information in the requested form, it is provided in the form in which it is stored.
Public information is provided orally to individuals, representatives of legal entities and citizen associations during a personal reception by University officials. The specified information can also be provided by phone by authorized officials of the University.
5.5. The response to the request must contain the requested information or a reasoned refusal to provide it. In the response to the request, the name, postal address of the University, the position of the person providing the response, as well as the registration number and the date of the response to the request are indicated.
5.6. If the requested public information about the activities of the University or the student self-government body belongs to information with limited access, the reasons for which access to the specified information is limited are indicated in the response to the request. In the event that part of the requested information belongs to information with limited access, and the other is publicly available, only the latter is provided. The answer to such a request is subject to mandatory agreement with the regime-secret and legal departments of the University.
5.7. Responses to requests for public information are subject to mandatory registration at the office. 5.8. A response to a request for public information shall be provided no later than five working days from the day the request is received by the University.
If the request for information concerns information necessary to protect the life or freedom of a person, regarding the state of the environment, the quality of food products and household items, accidents, catastrophes, dangerous natural phenomena and other extraordinary events that have occurred or may occur and threaten the safety of citizens, the answer must be provided no later than 48 hours from the day the request is received by the University (paragraph 2 of Article 20 of the Law of Ukraine "On Access to Public Information").
5.9. If the request for information concerns the provision of a large amount of information or requires its search among a significant amount of data, the rector or, on his behalf, the vice-rector for scientific and pedagogical (scientific) work, upon the submission of the head of the structural unit responsible for providing public information on such a request, may extend the deadline consideration of the request up to 20 working days. About the extension of the term, the head of the structural unit, through the responsible person for information requests, informs the requester in writing no later than five working days from the date of receipt of the request for information to the University.
5.10. In the event that the requested information contains documents of more than ten pages, the person responsible for information requests shall, no later than five working days from the date of receipt of the request to the University, notify the applicant of this with an indication of the cost of the actual costs associated with: copying or by printing documents, details and the procedure for paying these expenses. In such circumstances, the provision of public information is carried out within three working days after confirmation of payment of the actual costs.
5.11. The request for urgent processing of the request must be justified.
5.12. Public information is provided free of charge upon request. However, if the satisfaction of the request for information involves the production of copies of documents with a volume of more than ten pages, the requester is obliged to reimburse the actual costs of their copying and printing. The amount of costs for copying and printing documents, the procedure for reimbursement of such costs are determined within the limits of the limits established by the Cabinet of Ministers of Ukraine, according to the estimate of costs for copying or printing documents, which are provided upon request for information. To a person who has not paid the actual costs stipulated by the law and established by the above-mentioned estimate, related to copying or printing of documents, the requested public information is provided after payment of these costs.
5.13. The University has the right to refuse the request if:
1) The University does not own and is not obliged to own the information regarding which the request was received, in accordance with the current legislation and the Statute of the University;
2) The requested information belongs to the category of information with limited access in accordance with Art. 6 of the Law of Ukraine "On Access to Public Information";
3) the person who submitted a request for information did not pay the actual expenses related to copying or printing provided for in Article 21 of the Law of Ukraine "On Access to Public Information" and Clause 5.12 of this Regulation;
4) the requirements for processing a request for information, provided for in part 5 of Art. 19 of the Law of Ukraine "On Access to Public Information" and clause 3.6. of this Regulation regarding the content of such a request.
5.14. Refusal to satisfy a written request for information is provided only in writing.
5.15. The refusal to satisfy the request for information must state:
- surname, first name, patronymic and position of the person responsible for considering the request;
- date of refusal;
- motivated reason for refusal;
- the procedure for appealing a refusal;
- signature
5.16. Refusal to satisfy the request is subject to mandatory agreement with the legal department of the University and the person responsible for information requests.
5.17. The University's answer that the information can be obtained by the requester from publicly available sources, or the answer that is not on the essence of the request is not allowed.
5.18. If the University does not possess the requested information, but due to its status or nature of activity, it knows or should know who possesses it, this request is sent to the appropriate manager of the information with simultaneous notification of the information requester.
5.19. A delay in satisfying a request for information is allowed in the event that the requested information cannot be provided for review within the stipulated time in the event of force majeure. The decision on postponement is notified to the requester in writing with an explanation of the procedure for appealing the decision.
5.20. The decision to postpone the satisfaction of the request for information must state:
- surname, first name, patronymic and position of the person responsible for considering the request;
- date of sending or delivery of the postponement notice;
- reasons due to which the request for information cannot be satisfied within the established period;
- the term in which the request will be granted;
- signature
5.21. Decisions, actions or inaction of the responsible person and/or executor may be appealed in accordance with the procedure established by law.
5.22. Control over the status of cases regarding the review and provision of answers to requests for public information is carried out by the rector or, on his behalf, by the vice-rector for scientific and pedagogical work or the vice-rector for scientific work.
6. End positions
6.1. The regulation is approved by the order of the rector of the University.
6.2. Changes and/or additions to this Regulation are made in the order established for its adoption.
Appendix А
List of information that does not contain signs of public information, as well as information that belongs to information with limited access
1. Does not belong to public:
- information that on the date of receipt of the request is not displayed and documented in any way and on any media and its display and documentation is not provided for by the legislation of Ukraine;
- information received or created during the processing of materials related to the University's cooperation with state bodies of other countries, international organizations, diplomatic institutions accredited in Ukraine;
- information received or created during correspondence with state authorities, local self-government bodies, enterprises, institutions, organizations, citizens;
- internal official correspondence and reporting (official) memos, recommendations, if they are directly related to the development of KhAI's activities, the management decision-making process and precede public discussion and/or decision-making;
- information that is not related to the performance of management functions by the University or that does not relate to information about the use of KHAI budget funds.
2. Public information with limited access of the Khai is:
- confidential information - information, access to which is limited to a natural or legal person, except for subjects of authority, and which can be distributed in the order determined by them, at their will, in accordance with the conditions stipulated by them;
- confidential information - information that contains state, professional, banking secrets, investigative secrets and other secrets prescribed by law, access to which is limited in accordance with the second part of Article 6 of the Law of Ukraine "On Access to Public Information" and the disclosure of which may cause harm to a person, society and the state;
- official information - information contained in documents marked "For official use".
Appendix B
The form of an electronic request for public information, which is administered by the National Aerospace University "Kharkiv Aviation Institute"
Appendix C
Form for submitting a request for public information in writing
