Download - Informational Bulletin №3
„Public Information Database“ www.opendata.ge
2011
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August
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“The Institute for Development of Freedom of Information”
(IDFI)
Contact Information:
4, A.Machavariani (Aragvi) St.
Tbilisi, Georgia, 0179
Phone: +995 32 2 996364
E-mail: [email protected]
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
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I Project “Public Information Database”
NNLE – The Institute for Development of Freedom of
Information (next − IDFI) implements project “Public
Information Database”, which main goal is to promote
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.
For what and for whom there might be important Public
Information Database? There are several answers to this
question:
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;
3) analyze of requesting and giving of public information,
determine the basic tendencies and problems related to
this issues;
4) Civil control on the work of public institutions and
establish liability to protect legal norms.
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 share
information, but according to the Constitution of
Georgia, article 41, giving of public information is the
commitment of the public institutions only. At first,
must be separated article 241 from article 412 of the
Constitution of Georgia.
1 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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The secret is divided into three characters: the state,
commercial and personal secret.
III Main aspects of activities, carried out by The
IDFI in the framework of the project
According to the General Administrative Code of
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”.
2. Confidential Information
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
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,
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
finances or other private matters, should be available for
anyone, without this person’s consent. The same letter
indicates that: "The requested information is financial
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
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
decisions, or judgment forms are provided us with
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.
If the names of persons involved in administrative - legal
disputes are the personal data and needs barcodes, then
6 Letter #959, 04, May, 2011
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why the names of persons involved in blood - legal
disputes are public information? The above mentioned
answer shows, that the General Courts do not have a
common practice about this issue.
A separate case is the answer, received from the
Investigation Service of Ministry of Finance of Georgia;
Investigation Service has provided requested public
information, but not completely.7 Request about
Distribution of Vehicles were rejected by the Service on
the basis of the General Administrative Code of Georgia,
Part 4, paragraph “b”,8 answer shows that this
justification is legal ground.
3. The Form of Public Information
According to the General Administrative Code of
Georgia, Article 2, part 1, paragraph “m” public
information is the official document, processed by the
public institution and it can be represented by drawings,
plans, schemes, or any other form.
General Administrative Code of Georgia, Article 37 part 1
determines the opportunities of request for public
information and explains what kind of information may
be requested. Despite such norms of legislation, there are
many cases where the public agencies provide a way of
providing information to the institutions, which requests
public information.
For example, IDFI was requested complete list of the
State Procurements and Tenders. In most of cases IDFI
has received complete answers, but there were incidents,
when the answers contained web-page address. For
example, answer received from the Parliament of
Georgia.9
7 http://www.opendata.ge/en#!cat/text_info/id/1272/lang/en
8 "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
This Answer is not complete, it cannot be considered as
received public information, because according to the
General Administrative Code of Georgia, any person has
the right to elect the form and the face of the public
information he/she want to receive. At the same time, if
person does not have access to the internet, it’s violating
his right to obtain public information.
4. Requested Information
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
them.
4.1 Standard Requests (General Requests) to all
Public Institutions
Standard questions were about: List of the Employees;
Contact Information of Persons, who is responsible for
providing of public Information; Communication
Expenses; Announced Tenders and State Procurements;
Salaries and Bonuses, Official Visit Expenses; Purchases
and Maintenance Expenses of Vehicles; State Assets
(concrete cases); Reserve Funds; Reports on Release of
Public Information; Implemented Projects and Programs;
Cultural Events; Budget Balance. For more clarity we
present the specific questions:
1. The list of officials, (name, surname) who
implements public authority, for the moment of
letter receiving.
2. The list of employees who is (name, surname,
contact information) responsible for providing of
public information.
3. The comprehensive list of advertising and
culture events (listing), organized by the Public
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Institution for the period of the first quarter
(three months) 2011.
4. The complete list of State Procurement
(announced tenders, competitions and other
types of purchases) and the State Property
Privatization (e / public auctions, direct sales, in
any other way) embodied by the Public
Institution, for the period of the first quarter
(three months) 2011.
5. The list of the individual-Administrative–Legal
acts (indicating the data), which include comply
with request of public information or the
decisions of the rejection, issued by the
Institution, for the period of the first quarter
(three months) 2011.
6. Information about the telecommunication
expenses (mobile operators, international and
local calls) of the staff of the Central Office, for
the period of the first quarter (three months)
2011.
7. Information 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.
8. 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. Fuel consumption on actual incurred expenses
and a monthly limit (including fuel type) of
Central Office for the period of the first quarter
(three months) 2011.
10. The amount of money spent from the budget of
Central Office, for the service of vehicles (repair,
wear), for the period of the first quarter (three
months) 2011.
11. The list of the real estate and each of the market
value, which is on the balance of the Institution,
at the moment of the receiving the statement.
12. The list of the projects and programs (social,
goal-oriented, research, scientific, educational,
directed for development of certain sphere and
other) implemented on the basis of the
appropriate legal act and/or on its own initiative,
which customer, performer or any part of the
sales operation represents the Institution, for the
period of the first quarter (three months) 2011.
13. Total amount of disbursements from the
President and the Government reserve funds, 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
(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
structural units, territorial and other systems
within the body or unit) of employees, for the
period of the first quarter (three months) 2011.
17. The information about the total amount of
quarterly bonuses (without specific identity of
persons) rationed to the staff of the Central
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Office of the Institution, for the period of the
first quarter (three months) 2011.
18. The information about the total amount of
quarterly bonuses (without specific identity of
persons) rationed for the staff of the of complete
Institution system (all the structural units,
territorial and other systems within the body or
unit) of employees, for the period of the first
quarter (three months) 2011.
4.2 Different Requests
In most cases, requests submitted to the Courts of Georgia
(also Constitutional Court of Georgia) were different
types. Expect of the standard requests, there were
requested the total number of disputes, arising on the
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
disputes arising on the bases of separate provisions.
In addition, there were requested the total number of
cases discussed in closed session; information about
video-audio recording at trials; total number of decisions
/ judgments (copies), arised on the bases of issue of public
information; total number of plea bargains concluded at
the Court and others.10
Different question was submitted to the Georgian Public
Broadcaster, in which IDFI were requested the list of the
physical and / or legal entities who nominating guardians
and candidates for the Board.11
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
Also, different Requests were submitted to the
Administration of the President, Ministry of Regional
Development and Infrastructure of Georgia, National
Statistics Office of Georgia “Geostat”, Ministry of Foreign
Affairs of Georgia, Tbilisi City Hall and others.
5. Public Information Registry
General Administrative Code of Georgia, article 3512
obliges all public institutions to have a Public Registry
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
Registry. Also, Kutaisi Appeal Court replied that, they do
not proceeding the General statistics were will be noted
the total number of disputes, arising on the bases of the
articles 72-76 and 78 ot the Georgian Civil Code.13
6. Public Employee Responsible for Providing
Public Information
General Administrative Code of Georgia, article 3614
obliges all public institutions to have Public Employee,
responsible for providing Public Information. The norm
is given as a directive and public institution does not have
the authority to do on the contrary.
In the most cases, official responses of public information
do not contain a sign of public employee, who is
responsible for providing Public Information. For
12 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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example, at the end of the letter, received from the
Mestia District Court, there is a sign of Judge. 15
The answer may be considered for two terms: 1. the
representative of the public agency does not have the
legal knowledge that, when she/he is providing public
information will sign as a public employee, responsible
for giving of Public Information, 2. On the bases of the
General Administrative Code of Georgia, article 36 Public
Agency have not determined such person in its structure.
7. Time Frames for Providing Public
Information
According to the General Administrative Code of
Georgia, public institution is obliged to providing public
information immediately. But, if the information requires
processing, as in the letter above inserted, it can be
defined 10 days period for providing public information.
7.1 Providing Public Information Immediately
According to the General Administrative Code of
Georgia, Article 40, public institution is oblige to provide
public information immediately.16
15
http://www.opendata.ge/pdf_files/mestia.pdf
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;
2. Public institution was indifferent to providing
information;
3. Representatives had no legal knowledge that
she/he has a right to request 10 days period,
prescribed by the General Administrative Code
of Georgia, Article 40.
4. Public institution thought that public
information should be provided not
immediately, but within 10 days period.
The IDFI conducted the statistical description of all the
requests of a 10 days period. From only 23 from 154
public institutions were requested 10 days period, one of
the examples of requesting 10 days period you can see
below.
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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7.3 Violation of Time Frames Prescribed by the
Law
Dispite the above mentioned two paragraphs, public
institutions often violates the fime frames or 10 days
period, prescribed by the law. For example, response
from the Ministry of Economy and Sustainable
Development were received on 01st 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
During the framework of the project, accumulated a large
database, in which answers, received from the Public
Institutions are devided in several categories:
a) Complete Answers;
b) Incomplete Answers;
c) Decline;
d) Unanswered.
8.1 Complete Answers
The response is complete, if letter detailed answers to all
requests, submitted by IDFI.
The complete answers were recevied from the National
Center for Educational Quality Enhancement,18 Olympic
Trainings Centre of Georgia,19 Laboratory of the Ministry
of Agriculture of Georgia20 and others.
For example, see the answer to the requested list of the
implemented state procurements from the Olympic
Training Center.
It should be noted that, in most cases, some of the
information provided in complete format are received by
the violation of time frames.21
8.2 Incomplete Answers
The response is incomplete, if letter doesn’t detailed
answer to all requests, submitted by IDFI.
18 http://www.opendata.ge/en#!cat/news/topic/155/lang/en 19
http://www.opendata.ge/en#!cat/news/topic/229/lang/en 20
http://www.opendata.ge/en#!cat/news/topic/201/lang/en 21
http://www.opendata.ge/en#!cat/text_info/id/797/lang/en
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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
8.3 Declined Requests Submitted by the IDFI
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.
22
http://www.opendata.ge/en#!cat/text_info/id/784/lang/en
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 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 the center to provide public
information to IDFI.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
http://www.opendata.ge/en#!cat/news/topic/176/lang/en 24
http://www.opendata.ge/en#!cat/news/topic/156/lang/en
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These Public Institutions are:
1. Ministry of Internal Affairs of Georgia;
2. Service Agency of the Ministry of Internal
Affairs of Georgia;
3. Ministry of Defence of Georgia;
4. Military Hospital of the Ministry of Defence of
Georgia;
5. DELTA - State Military Scientific-Technical
Center;
6. Sport and Fitness Complex;
7. Ministry of Corrections and Legal Assistance of
Georgia;
8. Penitentiary Department;
9. National Probation Agency;
10. State Ensuring Agency;
11. Construction and Technical Inspection;
12. National Curriculum and Assessment Center;
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.
IV Public Institutions
NNLE – The Institute for Development of Freedom of
Information has submitted a official requests for public
information to the 154 public institutions. (All requests
2721). These public institutions are Ministries, Legal
Entities of Public Law, Sub-divisions and others.
Let's consider each in detail:
1. President of Georgia /Administration of
President of Georgia
Administration of President of Georgia has provided
public information after the submittion of the
administration complaint against the Administration. The
answer received from the Administration of President of
Georgia in not satisfactory.
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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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 within 10 days, in accordance with
procedural norms of Administrative Code of Georgia
Article 40, Paragraph 1.
1.3 Georgian Intelligence Service
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
are satisfactory.27
Replies were provided within 10 days, in accordance with
procedural norms of the General Administrative Code of
Georgia Article 40, Paragraph 1.
2. Parliament of Georgia
IDFI has received public information from Parliament of
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
http://www.opendata.ge/en#!cat/news/topic/213/lang/en 27
http://www.opendata.ge/en#!cat/news/topic/165/lang/en 28
http://www.opendata.ge/en#!cat/news/topic/151/lang/en
Replies were provided in violation of 10 days period,
prescribed by the General Administrative Code of
Georgia Article 40, Part 1.
2.1 Auditorial Activity Council
IDFI has received public information from Auditorial
Activity Council. Request for Bonuses is fully ignored. In
all other cases, letter detailed answers to all questions.29
Replies were provided within 10 days, in accordance with
procedural norms of the General Administrative Code of
Georgia Article 40, Paragraph 1.
2.2 The National Parliamentary Library of
Georgia
IDFI has received public information from the National
Parliamentary Library of Georgia. Request for Reports on
Release of Public Information is fully ignored. In all other
cases, letter detailed answers to all requests.
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
29
http://www.opendata.ge/en#!cat/news/topic/183/lang/en
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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.
4. Ministries of Georgia
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
30
http://www.opendata.ge/en#!cat/news/topic/136/lang/en 31
http://www.opendata.ge/en#!lang/en/cat/news/topic/109
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
procedural norms of the General Administrative Code of
Georgia Article 40, Paragraph 1.
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.
32
http://www.opendata.ge/en#!cat/news/topic/166/lang/en 33
http://www.opendata.ge/en#!cat/news/topic/131/lang/en
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4.3 Ministry of Foreign Affairs of Georgia
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
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
http://www.opendata.ge/en#!cat/news/topic/150/lang/en 35
http://www.opendata.ge/en#!cat/news/topic/177/lang/en
Replies were provided in violation of 10 days period,
prescribed by the General Administrative Code of
Georgia Article 40, Part 1.
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 within 10 days, in accordance with
procedural norms of the General Administrative Code of
Georgia Article 40, Paragraph 1.
36
http://www.opendata.ge/en#!cat/news/topic/140/lang/en
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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
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
answers to all questions.38
Replies were provided in accordance with procedural
norms of the General Administrative Code of Georgia
Article 40, Part 1.
37
http://www.opendata.ge/en#!cat/news/topic/145/lang/en 38
http://www.opendata.ge/en#!cat/news/topic/170/lang/en
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, Paragraph 1.
39
http://www.opendata.ge/en#!cat/news/topic/135/lang/en
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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
Georgia Article 40, Part 1.
4.10 Ministry of Economy and Sustainable
Development
IDFI has received public information from the Ministry
of Economy and Sustainable Development. Requests for
Salaries, Purchases and Maintenance Expenses of
Vehicles, Communication Expenses and State
Procurements are partially satisfied. Questions about
Bonuses, Official Visits, Reserve Funds, State Assets, State
Programs/Projects and Reports on Release of Public
Information are fully ignored. Request for Cultural
Events is satisfactory.41
40
http://www.opendata.ge/en#!cat/news/topic/158/lang/en 41
http://www.opendata.ge/en#!cat/news/topic/168/lang/en
4.11 Ministry of Finance of Georgia
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
Replies were provided in violation of 10 days period,
prescribed by the General Administrative Code of
Georgia Article 40, Part 2.
42
http://www.opendata.ge/en#!cat/news/topic/219/lang/en
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4.12 Ministry of Justice of Georgia
IDFI has received public information from the Ministry
of Justice of Georgia. Requests for Budget, Purchases and
Maintenance Expenses of Vehicles, Communication
Expenses and Reports on Release of Public Information
are partially satisfied and question about reserve funds is
fully ignored, all other cases, answers are fully satisfied.43
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.
It should be noted that, the reply of the Ministry of
Regional Development and Infrastructure of Georgia is
caused by the Constitution of Georgia, Article 41,
paragraph 2, which says, that “Information about Human
43
http://www.opendata.ge/en#!cat/news/topic/137/lang/en
health, his/her finances or other private matters, should
not be accessible for anybody without the consent of the
individual, except in the cases determined by law, when
it is necessary for national security or public safety,
health, rights and freedoms of others to protect."
Response of the Ministry of Regional Development and
Infrastructure of Georgia explained that, the public
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.
4.14 Ministry of Education and Science of
Georgia
After submission of administrative complaint, Ministry of
Education and Science of Georgia has provided
incomplete information.
Requests about budget, bonuses, communication
expenses, purchases and maintenance expenses of
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vehicles and reports on release of public information are
fully ignored. In all other cases answers are incomplete.44
4.15 Ministry of Culture and Monument
Protection of Georgia
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.
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
http://www.opendata.ge/en#!lang/en/cat/news/topic/238 45
http://www.opendata.ge/en#!lang/en/cat/news/topic/234
4.16. Ministry of Internal Affairs of Georgia
On 22nd July, 2011 IDFI has received letter, in which
Ministry of Internal Affairs of Georgia has requested 10
days period.
4.17 IDFI’s requests were fully ignored by the
number of Ministries
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;
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4. Ministry of Refugees and Accommodation of
Georgia
IDFI has submitted administrative complaint against to
the above mentioned Ministries.
5. Self-Government Bodies and
Independent Regulators
5.1 Tbilisi City Hall
IDFI has received public information from Tbilisi City
Hall. Questions about Salaries and Bonuses are partially
satisfied. Questions about Reserve Funds and State
Procurements are fully ignored. In all other cases, letter
detailed answers to all questions.
Replies were provided in accordance with procedural
norms of the General Administrative Code of Georgia
Article 40, Paragraph 1.
5.2 Tbilisi City Assembly
IDFI has received a response of requested public
information from the Tbilisi City Assembly. Reply was
provided in accordance with procedural norms of
Administrative Code Article 40, Paragraph 2. Response
had 3 annexes and contained partially satisfied answers.46
46
http://www.opendata.ge/en#!cat/news/topic/122/lang/en
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
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
Also, IDFI has received public information from the
Property Management Agency of the Tbilisi City Hall.
Answers about Purchases and Maintenance Expenses of
Vehicles, State Procurements and Reports on Release of
Public Information are incomplete, because letter doesn’t
contain the information about Fuel Type, Vehicle Model
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
all questions.48
Replies were provided within 10 days period, prescribed
by the General Administrative Code of Georgia, Article
40, and part 1.
47
http://www.opendata.ge/en#!lang/en/cat/news/topic/242 48
http://www.opendata.ge/en#!lang/en/cat/news/topic/259
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6. Independent Regulatory Authorities
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
Replies were provided within 10 days period, prescribed
by the General Administrative Code of Georgia, Article
40, and part 1.
49
http://www.opendata.ge/en#!cat/news/topic/138/lang/en
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
expenses from revenues of regulations.
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,
which is not a commercial, private or state confidential.
Legal standard and the content of the letter are
incompatible with each other, as a public institution is
obliged to provide information about the issues in which
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it implementing the public-legal authority. On the bases
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
information about the following issues: The list of public
authority officials, advertising and culture events, State
Procurement, individual - Administrative – Legal acts
(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, goal-
oriented, 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.
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 Entities of Public Law (LEPL)
and Sub-departments
IDFI 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
50
http://www.opendata.ge/en#!cat/news/topic/116/lang/en
7.1 Independent Administrative Bodies
On 31st of May, 2011, IDFI has submitted a official
requests of public information to the following
Independent Administrative Bodies of Georgia:
1. National Statistics Office of Georgia “Geostat”51
2. National Intellectual Property Center
“Sakpatenti”52
3. The Center of Electoral Systems Development,
Reforms and Trainings53
51
http://www.opendata.ge/en#!lang/en/cat/news/topic/224 52
http://www.opendata.ge/en#!lang/en/cat/news/topic/274 53
http://www.opendata.ge/en#!cat/news/topic/227/lang/en
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4. Office of Public Defender54
5. Levan Samkharauli National Bureau of Forensic
Medicine55
6. Georgian Public Broadcaster56
54
http://www.opendata.ge/en#!cat/news/topic/200/lang/en 55
http://www.opendata.ge/en#!cat/text_info/id/1124/lang/en 56
http://www.opendata.ge/en#!lang/en/cat/news/topic/256
7. Financial Monitoring Service of Georgia57
8. National Bank of Georgia58
9. Agency of Free Trade and Competition of
Georgia59
57
http://www.opendata.ge/en#!cat/news/topic/226/lang/en 58
http://www.opendata.ge/en#!lang/en/cat/news/topic/240
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10. Central Election Commission of Georgia60
11. Chamber of Control of Georgia61
12. Civil Service Bureau62
59
http://www.opendata.ge/en#!lang/en/cat/news/topic/237 60
http://www.opendata.ge/en#!lang/en/cat/news/topic/236 61
http://www.opendata.ge/en#!lang/en/cat/news/topic/243 62
http://www.opendata.ge/en#!lang/en/cat/news/topic/232
13. State Procurement Agency
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.
1. Notary Chamber of Georgia;63
2. Legislative Herald of Georgia;64
3. The Training Center of Justice;65
63
http://www.opendata.ge/en#!cat/news/topic/139/lang/en 64
http://www.opendata.ge/en#!cat/news/topic/144/lang/en
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4. National Agency of Public Registry;66
5. The National Archives of Georgia;67
6. Civil Registry Agency;68
7. National Bureau of Enforcement;69
8. Data Exchange Agency;70
9. Prosecutor’s Office of Georgia71
65
http://www.opendata.ge/en#!cat/text_info/id/619/lang/en 66
http://www.opendata.ge/en#!lang/en/cat/news/topic/239 67
http://www.opendata.ge/en#!cat/news/topic/157/lang/en 68
http://www.opendata.ge/en#!cat/news/topic/164/lang/en 69
http://www.opendata.ge/en#!cat/news/topic/167/lang/en 70
http://www.opendata.ge/en#!lang/en/cat/news/topic/119 71
http://www.opendata.ge/en#!cat/news/topic/160/lang/en
7.2.2 LEPLs under the Ministry of Internal
Affairs of Georgia
IDFI has requested public information from the 7 lepl’s
under the Ministry of Internal Affairs of Georgia.
1. Academy of the Ministry of Internal Affairs of
Georgia;72
2. Special Governmental Connections and
Information Agency;73
3. Border Police of Georgia;74
4. The Security Police;75
5. State Financial Resources Department;76
6. Healthcare Service of the Ministry of Internal
Affairs of Georgia;77
7. Service Agency of the Ministry of Internal
Affairs of Georgia78
72
http://www.opendata.ge/en#!lang/en/cat/news/topic/251 73
http://www.opendata.ge/en#!lang/en/cat/news/topic/272 74
http://www.opendata.ge/en#!lang/en/cat/news/topic/196 75
http://www.opendata.ge/en#!lang/en/cat/news/topic/277 76
http://www.opendata.ge/en#!cat/news/topic/148/lang/en 77
http://www.opendata.ge/en#!lang/en/cat/news/topic/268 78
http://www.opendata.ge/en#!lang/en/cat/news/topic/196
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7.2.3 Lepl under the Ministry of Foreign
Affairs of Georgia
IDFI has requested public information from the lepl
under the Ministry of Foreign Affairs of Georgia.
1. Bureau of Translation of International
Agreement79
79
http://www.opendata.ge/en#!cat/news/topic/149/lang/en
7.2.4 Public Institutions under the
Ministry of Regional Development
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
http://www.opendata.ge/en#!lang/en/cat/news/topic/134 82
http://www.opendata.ge/en#!lang/en/cat/news/topic/162 83
http://www.opendata.ge/en#!lang/en/cat/news/topic/146
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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
84
http://www.opendata.ge/en#!lang/en/cat/news/topic/196
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
85
http://www.opendata.ge/en#!lang/en/cat/news/topic/203 86
Requests were fully ignored 87 Requests were fully ignored 88
http://www.opendata.ge/en#!cat/news/topic/202/lang/en
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7.2.7 Public Institutions under the
Ministry of Finance of Georgia
IDFI has requested public information from 5 LEPLs
under the Ministry of Finance of Georgia:
1. Treasury Service (State Treasury);89
2. Georgia Revenue Service;90
3. Financial Analytical Service;91
4. Investigation Service of the Ministry of
Finance;92
5. Service Agency of the Ministry of Finance93
89
http://www.opendata.ge/en#!lang/en/cat/news/topic/124 90
http://www.opendata.ge/en#!lang/en/cat/news/topic/194 91
http://www.opendata.ge/en#!lang/en/cat/news/topic/211 92
http://www.opendata.ge/en#!lang/en/cat/news/topic/231 93
http://www.opendata.ge/en#!lang/en/cat/news/topic/221
7.2.8 Public Institutions under the Ministry of
Corrections and Legal Assistance
IDFI has requested public information from 4 LEPLs
under the Ministry of Finance of Georgia:
1. Penitentiary Department;94
2. National Probation Agency;95
3. Penitentiary and Probation Training Centre;96
4. Legal Aid Service97
94
http://www.opendata.ge/en#!lang/en/cat/news/topic/143 95
http://www.opendata.ge/en#!lang/en/cat/news/topic/198 96
http://www.opendata.ge/en#!lang/en/cat/news/topic/182 97
http://www.opendata.ge/en#!cat/text_info/id/539/lang/en
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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
6. Georgian Chamber of Commerce and Industry;103
7. State Ensuring Agency;104
98
http://www.opendata.ge/en#!lang/en/cat/news/topic/218 99
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/230 100
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/187 101
http://www.opendata.ge/en#!lang/en/cat/news/topic/223 102
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/188 103
Requests are fully ignored
8. Construction and Technical Inspection105
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
and Natural Resources;106
2. Basic Sapling Forestry107
104
Requests are fully ignored 105
Requests are fully ignored 106
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7.2.11 Public Institutions under the Ministry of
Labour, Health and Social Affairs of
Georgia
IDFI has requested public information from 7 public
institutions under the Ministry of Labour, Health and
Social Affairs of Georgia:
107
http://www.opendata.ge/en#!lang/en/cat/news/topic/245
1. 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
108
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/174 109
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/266 110
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/254 111
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/205 112
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/247 113
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/233 114
http://www.opendata.ge/en#!lang/en/cat/news/topic/217
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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 Cultural Heritage
Preservation of Georgia;115
2. Georgian National Film Center;116
3. Apolon Kutateladze Tbilisi State Academy of
Arts;117
4. Z. Paliashvili Opera and Ballet State Theater;118
5. Shota Rustaveli Theatre and Film Georgian State
University;119
6. Shota Rustaveli State Academic Drama
Theatre;120
7. Jansugh Kakhidze Musical-Cultural Centre;121
8. Vano Saradjishvili Tbilisi State Conservatoire122
115
http://www.opendata.ge/en#!lang/en/cat/news/topic/249 116
http://www.opendata.ge/en#!lang/en/cat/news/topic/204 117
http://www.opendata.ge/en#!lang/en/cat/news/topic/241 118
http://www.opendata.ge/en#!lang/en/cat/news/topic/265 119
http://www.opendata.ge/en#!lang/en/cat/news/topic/180 120
http://www.opendata.ge/en#!lang/en/cat/news/topic/171 121
http://www.opendata.ge/en#!lang/en/cat/news/topic/206
7.2.13 Public Institutions under the Ministry of
Sports and Youth Affairs of Georgia
IDFI has requested public information from 4 public
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
122
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/275 123
http://www.opendata.ge/en#!lang/en/cat/news/topic/189 124
http://www.opendata.ge/en#!lang/en/cat/news/topic/206 125
http://www.opendata.ge/en#!lang/en/cat/news/topic/229
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4. Children and Youth National Center126
7.2.14 Public Institutions under the Ministry of
Agriculture of Georgia
IDFI has requested public information from 3 public
institutions under the Ministry of Agriculture of Georgia:
1. Laboratory of the Ministry of Agriculture of
Georgia;127
2. “SAMTREST” – State Department of Vine and
Wine;128
126
http://www.opendata.ge/en#!lang/en/cat/news/topic/253 127
http://www.opendata.ge/en#!lang/en/cat/news/topic/201 128
http://www.opendata.ge/en#!lang/en/cat/news/topic/246
3. National Service of Food Safety, Veterinary and
Plant Protection129
7.2.15 Public Institutions under the Ministry of
Environment Protection
IDFI has requested public information from 2 Legal
Entities of Public Law under the Ministry of Agriculture
of Georgia:
1. National Environmental Agency;130
2. Agency of Protected Areas131
129
http://www.opendata.ge/en#!lang/en/cat/news/topic/228 130
http://www.opendata.ge/en#!lang/en/cat/news/topic/267 131
http://www.opendata.ge/en#!lang/en/cat/news/topic/209
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7.2.16 Public Institutions under the Ministry of
Education and Science of Georgia
IDFI has requested public information from 20 public
institutions under the Ministry of Education and Science
of Georgia:
1. National Examinations center;132
2. National Curriculum and Assessment Center;133
3. Educational and Scientific Infrastructure
Development Agency;134
132
http://www.opendata.ge/en#!lang/en/cat/news/topic/156 133
http://www.opendata.ge/en#!lang/en/cat/news/topic/195
4. National Center for Teacher 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/news/topic/273 136
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/276 137
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/278 138
http://www.opendata.ge/en#!lang/en/cat/news/topic/282 139
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/258 140
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/271 141
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/269 142
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/260 143
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/263 144
http://www.opendata.ge/en#!lang/en/cat/news/topic/262 145
http://www.opendata.ge/en#!lang/en/cat/news/topic/179 146
http://www.opendata.ge/en#!lang/en/cat/news/topic/250
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17. National Center for Educational Quality
Enhancement;148
18. Georgian National Academy of Sciences;149
19. Constitutionalism Research and Support
Regional Center;150
20. Office of Resource of Educational Institution151
8. Courts of Georgia
IDFI has submitted a official letters of public information
to all Courts of Georgia, Constitutional Courts of Georgia,
147
http://www.opendata.ge/en#!lang/en/cat/news/topic/235 148
http://www.opendata.ge/en#!lang/en/cat/news/topic/155 149
http://www.opendata.ge/en#!lang/en/cat/news/topic/186 150
http://www.opendata.ge/enenenenenenenenenenenen#!lang/en/cat/news/topic/244 151
http://www.opendata.ge/en#!lang/en/cat/news/topic/257
Supreme Council of Georgia and High School of Justice.
Requests submitted by IDFI were standard and specific
also.152
8.1 High School of Justice
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
Salaries, Bonuses and Purchases and Maintenance
Expenses of Vehicles are partially satisfied, because letter
doesn’t contain the information about distribution of
vehicles (including vehicle model) and the total amount
of salaries and bonuses are not separated. In all other
cases, answers are satisfactory.
152
http://www.opendata.ge/en#!lang/en/cat/news/topic/161 153
http://www.opendata.ge/en#!lang/en/cat/news/topic/173
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Replies were provided within 10 days, in accordance with
procedural norms of the General Administrative Code of
Georgia Article 40, Paragraph 1.
8.3 Constitutional Court of Georgia
On June 16th, 2011, IDFI has received public information
from the Constitutional Court. Questions about Budget
and Purchases and Maintenance Expenses of Vehicles are
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
questions.154
Replies were provided within 10 days, in accordance with
procedural norms of the General Administrative Code of
Georgia, Article 40, and Part 1.
154
http://www.opendata.ge/en#!lang/en/cat/news/topic/255
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 72-
76 and 78 (mistakes in deals), during the period of 2010
and the period of the first quarter (three months) 2011.
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
the total requests are provided within 10 days, in
accordance with procedural norms of the General
Administrative Code of Georgia Article 40, Paragraph 1
and only 2% of the requests are provided in violation of
time frames, prescribed by the General Administrative
Code of Georgia.
1. Supreme Court of Georgia;155 156
2. Constitutional Court of Georgia
3. Kutaisi Appeal Court;157
4. Tbilisi Appeal Court;158 159
5. Kazbegi District Court;
6. Marneuli Magistrate Court;
7. Borjomi Magistrate Court;
8. Khulo Magistrate Court;
9. Gori District Court;
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
http://www.opendata.ge/en#!lang/en/cat/news/topic/214 159
http://www.opendata.ge/en#!lang/en/cat/news/topic/175
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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
http://www.opendata.ge/pdf_files/potis_saqalaqo_10_06.pdf 161
http://www.opendata.ge/pdf_files/zugdidisn_raionuli_13_06.pdf 162
http://www.opendata.ge/pdf_files/qutaisis_saqalaqo_sasamartlo0001.pdf 163
http://www.opendata.ge/en#!lang/en/cat/news/topic/176
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V The Final Quarterly Evaluation
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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 to provide public
information or lack of the knowledge of law;
2. Public institutions have such kind of information
which they do not want to be visible, for
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.
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
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
guarantor of the fair state. Otherwise, it’s impossible to
create civil society on the legal bases.