On Requesting Public Information in Electronic Form and Publishing It Proactively

On Requesting Public Information in Electronic Form and Publishing It Proactively
Document number 219
Document issuer Government of Georgia
Date of issuing 26/08/2013
Document type Ordinance of the Government of Georgia
Source and date of publishing Website, 27/08/2013
Activating Date 01/09/2013
Registration code 020090000.10.003.017386
Consolidated publications

Consolidated version (final)

Government of Georgia

ORDINANCE No 219

26 August 2013

Tbilisi

On Requesting Public Information in Electronic Form and Publishing It Proactively

 

Article 1 – Scope

1. Under Article 28(2) and Article 37(4) of the General Administrative Code of Georgia, this Ordinance determines the standard for publishing public information proactively, establishes the rules for requesting public information in electronic form, and specifies the list of public information to be published proactively (‘the list’).

2. This Ordinance shall apply to the public information defined in Article 28(1) of the General Administrative Code of Georgia.

3. This Ordinance shall apply to the following administrative bodies:

a) the Chancellery of the Government of Georgia

b) a ministry of Georgia

c) Office of the State Minister of Georgia

d) a public sub-agency

e) a legal entity under public law (LEPL) within the governance of a ministry of Georgia under the state control by the State Minister of Georgia

f) a special purpose militarised facility of the executive authority directly subordinate to the Government of Georgia.

 

Article 2 – Publishing public information proactively

1. An administrative body shall be obliged to ensure that public information specified in the Annex to this Ordinance is proactively published on its own (appropriate) electronic resource.

2. In addition to the information specified in Article 7(3) of this Ordinance and in the Annex, an administrative body shall be authorised to publish proactively other public information of public interest within the scope of its activity and competence.

3. Proactively published public information shall be open and equally available for any person. It is inadmissible to charge a fee or to introduce any other restriction on accessing the proactively published public information, except as provided for by law.

4. Publishing public information proactively shall not exempt an administrative body from its obligation to provide the same or other public information as determined by the General Administrative Code of Georgia.

 

Article 3 – Standard for publishing public information proactively

1. An administrative body shall be obliged to ensure the accuracy and authenticity of, and to periodically update, the information published in electronic form. The date of an update shall be indicated when updating proactively published information.

2. Public information shall be placed on an electronic resource so as to be able to download, print, and copy the information without losing and/or corrupting it.

 

Article 4 – Rules for requesting public information in electronic form

1. According to Article 37 of the General Administrative Code of Georgia, public information may be requested in electronic form through an electronic resource.

2. An administrative body shall ensure the possibility to request public information in electronic form, to register the request for public information, and to develop a system to allow automatic confirmation of registering the electronic request for information.

3. The time frame laid down in Article 40(1) of the General Administrative Code of Georgia shall start from the following working day after confirming the registration of an electronic request for information by an administrative body, indicating the registration number of the request.

4. Requirements provided for in the General Administrative Code of Georgia and in Article 3(2) of this Ordinance shall apply to the electronic provision of public information.

 

Article 5 – Person(s) responsible for ensuring access to public information

An administrative body shall identify a person(s) responsible for ensuring access to public information, including for electronic provision and proactive publication of public information.

 

Article 6 – Public information page

1. An administrative body shall have a public information page on its own (appropriate) electronic resource.

2. The information provided for by the second paragraph of the Annex to this Ordinance shall be placed on the public information page.

 

Article 7 – Transitional provisions

1. This Ordinance shall be enacted as from 1 September 2013.

2. Administrative bodies shall be required to ensure that the information contained in the Annex to this Ordinance is published on their (appropriate) electronic resources from 1 September 2013 to 31 December 2013, except for information on the forms/samples of administrative complaint and appeal procedures, which shall be published by administrative bodies on their (appropriate) electronic resources not later than 1 March 2014.

3. The obligation to proactively publish information shall apply to information described in the Annex to this Ordinance that is created after 1 January 2013.

Ordinance No 404 of the Government of Georgia of 31 December 2013 – website, 31.12.2013

 

The Prime Minister                                                              Bidzina Ivanishvili

 

Annex

List of Information to Be Published Proactively

1. General information on administrative bodies

No

Name of information

Time frames for information update

1.1

Structure of an administrative body and description of its functions

To be updated if changed

1.2

Legal acts (statute/charter, internal regulations) regulating the activities of an administrative body and its structural units/territorial authorities

To be updated if changed

 

1.3

Annual report on the activity of an administrative body

To be published annually

 

1.4

Strategies, concepts, and action plans developed by an administrative body

To be updated if changed

 

1.5

Information about the head and deputy heads of an administrative body, the heads of structural units/territorial authorities (heads and deputy heads in the case of legal entities under public law (LEPL)): first name, surname, photograph, biographical data)

To be updated if changed

 

1.6

Address, email address, and telephone number of an administrative body and its structural units/territorial authorities; telephone number, email address, fax number, and hotline number of the Public Relations Office 

To be updated if changed

 

2. Public information page

2.1

 

First name, surname, position, work email address, work telephone and fax numbers of the person(s) responsible for ensuring the access to public information 

To be updated if changed

 

2.2

Legal acts on accessibility to public information

To be updated if changed

2.3

 

Types/samples of an administrative complaint and information on the appeal procedure

To be updated if changed

 

2.4

 

An annual report under Article 49 of the General Administrative Code of Georgia submitted by an administrative body to the President of Georgia and the Parliament of Georgia

To be published annually

 

2.5

 

General statistics on applications according to Articles 37 and 40 of the General Administrative Code of Georgia

To be published quarterly

 

3. Information on staffing of an administrative body

3.1

 

This list of vacant positions announced within an administrative body, competition  results (indicating  only the names of winners), rules and procedures for appealing  competition  results

To be updated if changed

 

3.2

 

Normative acts that determine the rules for conducting a competition at the administrative body

To be updated if changed

 

3.3

 

Number of persons employed at the administrative body, specifying their categories and gender

To be published quarterly

 

4. Information on public procurement and privatisation of public property by an administrative body

4.1

Annual plan for public procurement

To be published quarterly

4.2

 

Information on the public procurement by an administrative body within the annual plan for public procurement, specifying the provider, object of procurement, means of procurement, contract value and money transfers

To be published quarterly

 

4.3

 

Information on alienation of state property and its transfer into private use

To be published quarterly

 

4.4

Expenses on posting advertisements

To be published quarterly

5. Information on financing an administrative body and its cost estimate

5.1

 

Budgets approved and specified by an administrative body

To be published quarterly

 

5.2

Information on the budget execution (with progressive total)

To be published quarterly and annually

5.3

 

Information on the quarterly amount of salaries, salary increments, and bonuses paid to public officials (summarily) and other employees (summarily)

To be published quarterly

 

5.4

 

Information on the expenses incurred for official and business trips of public officials (summarily) and other employees (summarily) (separately for business trips inside and outside of the country)  

To be published quarterly

 

5.5

 

The list of vehicles on the balance sheet of an administrative body specifying the models

To be published annually

 

5.6

Information on  total fuel expenses

To be published annually

5.7

 

Information on total expenses incurred for technical maintenance of vehicles

To be published annually

 

5.8

 

The list of the real estate on the balance sheet of an administrative body

To be published annually

 

5.9

 

Information on total expenses incurred for telephone calls (both local and international)

To be published annually

 

5.10

 

Information on financial aid (grants, credits) allocated to an administrative body by the governments of foreign states, international organisations, and state entities at other levels

To be published annually

 

5.11

 

Information on grants given by an administrative body specifying the grant recipient, the purpose and amount of the grant, and the amount of transferred funds

To be published annually

 

5.12

 

Information on funds allocated to an administrative body from foundations provided for by the Budget Code of Georgia 

To be published quarterly

 

5.13

Legal acts on  funds allocated to an administrative body from foundations provided for by the Budget Code of Georgia

To be published by the agency adopting the act within 10 days after its enactment

6. Legal acts

6.1

 

Normative acts that are directly related to the activities of an administrative body

To be published within 10 days after their enactment

6.2

 

Individual legal acts that serve public interest according to the determination of an administrative body

To be published within 10 days after their enactment

 

7. Other public information

7.1

 

Information on the services of an administrative body

To be updated if changed

 

7.2

 

Information on fees, tariffs, and prices determined and/or enforced by an administrative body

To be updated if changed

 

 

Note 1. For the purposes of the list, ‘public official’ shall mean the persons described in Article 2 of the Law of Georgia on Conflict of Interests and Corruption in the Public Service

Note 2. Information to be published quarterly shall be published within one month after ending the quarter; information to be published annually shall be published within three months after ending the year, unless otherwise provided for by the legislation of Georgia.

Note 3. The obligation to publish proactively under this Ordinance shall not apply to information that is or may be related to investigations and search operations or criminal prosecution and criminal proceedings, as well as public safety and/or self-defence issues according to the determination of an administrative body.

Note 4. If public information updating under this Ordinance depends on changes to the respective normative act, information shall be updated within 10 days after the changes are enacted.

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