Informational Bulletin №3

„Public Information Database“ www.opendata.ge

2011

April -

August

1

“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

mailto:[email protected]

http://www.opendata.ge/


2011

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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.



2011

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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

http://www.opendata.ge/en#!lang/en/cat/news/topic/120


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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


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

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



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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


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


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


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


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


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


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.

http://www.opendata.ge/en#!cat/other_useful_information_text/id/55/lang/en

http://www.opendata.ge/en#!cat/other_useful_information_text/id/55/lang/en

http://www.opendata.ge/userfiles/files/qutaisis_sasamartlo0001.pdf


2011

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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


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


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


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

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


2011

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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/155/lang/en





2011

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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


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








2011

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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




2011

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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


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


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




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




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







2011

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12

information are partially satisfied. Requests about reserve

funds and state projects are fully ignored; all other cases

answers are satisfactory.30




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



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




4.2 The Office of the State Minister of Georgia

for Diaspora Issues


the State Minister of Georgia for Diaspora Issues. The

answer is not satisfactory.33




32








2011

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13

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




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






4.5 The Office of the State Minister on European

and Euro-Atlantic Integration


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




36






2011

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August

14

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



Article 40, Part 1.

37



4.8 Ministry of Sports and Youth Affairs of

Georgia

IDFI has received public information from The Ministry

of Sports and Youth Affairs of Georgia. Requests for state

programs and projects are fully ignored, in all other cases

letter detailed answers to all questions.39




39






2011

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August

15

4.9 Ministry of Energy and Natural Resources of

Georgia


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




4.10 Ministry of Economy and Sustainable

Development


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



4.11 Ministry of Finance of Georgia


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




42






2011

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August

16

4.12 Ministry of Justice of Georgia


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


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


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


prescribed by Administrative Code Article 40, Part 1.

44

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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.




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


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


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







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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


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


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









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4. Office of Public Defender54

5. Levan Samkharauli National Bureau of Forensic

Medicine55

6. Georgian Public Broadcaster56

54


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7. Financial Monitoring Service of Georgia57

8. National Bank of Georgia58

9. Agency of Free Trade and Competition of

Georgia59

57









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10. Central Election Commission of Georgia60

11. Chamber of Control of Georgia61

12. Civil Service Bureau62

59





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










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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

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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























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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


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









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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


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


Requests were fully ignored 87 Requests were fully ignored 88






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7.2.7 Public Institutions under the

Ministry of Finance of Georgia


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






7.2.8 Public Institutions under the Ministry of

Corrections and Legal Assistance


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















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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


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Requests are fully ignored

8. Construction and Technical Inspection105


Energy and Natural Resources of Georgia


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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Labour, Health and Social Affairs of

Georgia


institutions under the Ministry of Labour, Health and

Social Affairs of Georgia:

107


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























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Culture and Monument Protection of Georgia


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









Sports and Youth Affairs of Georgia


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


















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4. Children and Youth National Center126


Agriculture of Georgia


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




3. National Service of Food Safety, Veterinary and

Plant Protection129


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











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Education and Science of Georgia


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



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






































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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






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





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












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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



Georgia, Article 40, and Part 1.

154


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


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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/pdf_files/potis_saqalaqo_10_06.pdf

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

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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.

Informational Bulletin №3

Documents

Transcript of Informational Bulletin №3