12. March 2018.

Information of public importance

The realization of the right to free access to information of public importance is regulated by the Law on Free Access to Information of Public Importance (Official Gazette of RS No. 120 / 04,54 / 07,104 / 09 and 36/10).

Information of public importance

Information of public importance, for the purposes of this Law, is information that is available to the public authority, created in the work or in connection with the work of the public authorities, contained in a particular document, and refers to all that the public has a legitimate interest in knowing.

In order for some information to be considered as information of public importance, it is not important whether the source of information is a public authority or other person, is not an important information carrier on which the document contains the information, the date of the creation of the information, the way of knowing the information, nor is it important similar properties of information.

Right to access information of public importance

Everyone has the right to be informed whether the authority has certain information of public importance, or whether it is otherwise available to him.

Everyone has the right to make information of public interest accessible to him by giving him access to a document containing information of public importance, the right to a copy of that document containing information of public importance, the right to a copy of that document, and the right to upon request, a copy of the document is sent by mail, by fax, by e-mail or by other means.

Submitting a request for notification, insight, issue of a copy and referral

Application in writing – The applicant submits a written request to the authority to exercise the right of access to information of public importance. The request must include the name of the authority, the name, surname and address of the applicant, as well as a more precise description of the information requested. The request may also contain other information that makes it easier to find the information requested. The claimant does not have to specify the reasons for the request. If the request is not correct, the authorized person of the public authority is obliged, without compensation, to instruct the prosecutor how to eliminate these deficiencies, or to provide the applicant with instructions on supplementation. If the petitioner does not remedy the deficiencies within a specified time limit, or within 15 days from the date of receipt of the instructions on the amendment, and the defects are such that the request can not be acted upon, the authority will issue a decision on rejecting the request as incorrect.

Submitting a request through the oral route– Access to information The authority of the authority is obliged to provide also on the basis of the oral request of a prosecutor that is reported in the record, where such request is entered in a separate record and the deadlines are applied as if the request was submitted in writing.

An authorized person for handling and resolving requests for free access to information of public importance of municipal authorities of Rača municipality is Ankica Stanojević, the Acting Officer for the preparation and monitoring of project implementation.

Application in writing:

ANKICA STANOJEVIĆ
Address: Karađorđeva 48, 34210 Rača

Phone: 034/751 – 001

e-mail: ankica.stanojevic@raca.rs

Submission of the request by the oral route: Ankica Stanojević (Office number 8, every Friday from 13.00 to 15.00 hours).

Request form for access to information of public importance download here:
Application form for access to information of public importance

Acting on request
The authority shall notify the applicant without delay, and at the latest within 15 days from the date of receipt of the request, on the possession of the information, provide it with a document containing the requested information, or issue it or send a copy of that document. A copy of the document was sent to the applicant on the day of leaving the office of the authority from which the information was requested. If the request relates to information that can be presumed to be of significance for the protection of the life or freedom of a person, that is, for endangering or protecting the health of the population and the environment, the authority must notify the requester of possession of that information, a document containing the requested information, or to issue a copy of that document no later than 48 hours after the receipt of the request. If the authority of the authority is not in a position to notify the requester of possession of information within a period of 15 days from the date of receipt of the request, to send a copy of that document, it shall be obliged, not later than within 7 days from the date of receipt of the request, inform the prosecutor and determine a postponement period that can not be longer than 40 days from the date of receipt of the request, in which the information about the possession of the information will be provided by the applicant, shall be presented to him by the document containing the requested information, issued or sent to him. If the authority of authority does not respond to the request within the deadline, the applicant may file an appeal to the Commissioner, except in cases established by law. The authority will together with the notification that it will present the document containing the requested information to the applicant, or issue a copy thereof, to the applicant, the time, place and manner in which the information will be provided for inspection, the amount of the necessary costs of making a copy of the document , and in the event that he does not have the technical means for making a copy, he will introduce the applicant with the possibility to make a copy using his equipment. Insight into the document containing the requested information is done in the official premises of the authorities.

The Prosecutor may, for justified reasons, require that he inspect the document containing the requested information at another time from the time specified by the authority from which the information was requested. The Prosecutor may, for justified reasons, request that the insight into the document containing the requested information be performed other time than the time specified by the authority from whom the information was requested. An individual who is not able to inspect a document containing the requested information without an escort will be allowed to do so with the help of the companion. If it meets the request, the authority will not issue a special decision, but will make an official note about it. If the authority of the authority refuses to inform the claimant of the possession of information in whole or in part, to provide it with an insight into the document containing the requested information, to issue or send a copy thereof, it shall be obliged without delay, and at the latest within 15 days from the receipt of the request, make a decision on the refusal of the request and to explain the decision in writing, and in the decision to send a claimant to legal remedies that he can declare against such a decision.

Fee

Insight into the document containing the information requested is free of charge. A copy of the document containing the requested information shall be issued with the obligation of the claimant to pay compensation for the necessary costs of making such a copy, in the case of referrals and the costs of referral. The amount of the necessary expenses is prescribed by the Decree on the amount of the necessary costs for issuing a copy of documents containing information of public importance (“Official Gazette of RS” No. 8/06). The obligation to pay the fee for issuing a copy of the documents containing the requested information is the journalist when they require a copy of the document for the purpose of carrying out his call, the human rights protection association, when a copy of the document is required for the purpose of attaining the objectives of the association and all persons when the requested information refers to the threat or protection of the health of the population and the environment, except in the case of information already published and available in the country or on the Internet.

Inspection and making a copy

Insight into the document containing the requested information is done using the equipment that is available to the authority, unless the requester requests that the inspection be carried out using its own equipment. The authority shall issue a copy of the document (photocopy, audio copy, video copy, digital copy, etc.) containing the requested information in the form in which the information is located and, where appropriate, in the form in which it is requested. If the authority does not have the technical capability to make a copy of the document, it will make a copy of the document in another form.

Forwarding requires a trustee

When a government authority does not have a document containing the requested information, it will forward the request to the Commissioner and inform the Commissioner and the applicant about the property in his possession, in his knowledge, the document is located.

Treatment of the Trustee upon the forward request

Upon receipt of the request, the Commissioner shall check whether the document containing the requested information to which the request relates is in the possession of the authority which submitted the request to him. If it finds that the document is not in the possession of the authority which has forwarded the applicant’s request, the Commissioner shall submit a request to the authority of the document which he owns, unless otherwise specified by the requester, and inform the applicant thereof or will refer the claimant to the authority in whose property contains the information requested. The method of action will be determined by the Commissioner, depending on the manner in which the right of access will be more effectively exercised, the deadline begins to run from the date of delivery.

The provisions of the procedure

Procedures before the authority shall be applied to the provisions of the law governing the general administrative procedure, which relate to the resolution of the first instance body.

Right to appeal

The complainant may file an appeal to the Commissioner if:

  • the authority shall reject or reject the request of the applicant, within 15 days from the date on which the decision or other act was delivered to him
  • the authority of authority, contrary to Article 16, paragraph 2 of the Law on Free Access to Information of Public Importance, does not respond within the prescribed deadline at the request of the applicant
  • authority, contrary to Article 2 of the Law on Free Access to Information of Public Importance, the conditions for issuing a copy of the document
    contains the requested information by paying the fee that exceeds the amount of the necessary costs of making this copy;
  • the authority shall not present the document containing the requested information in the manner envisaged by Article 1 of the Law on Free Access to Information of Public Importance;
  • the authority shall not present the document containing the requested information or shall not issue a copy of that document in the manner provided for in Article 4 of the Law on Free Access to Information of Public Importance
  • the authority of authority in another way makes it more difficult or impossible for the claimant to exercise the right to free access to information of public importance, contrary to the provisions of the Law on Free Access to Information of Public Importance.

Appeal Brief: The complaint is made to the Commissioner for Information of Public Importance and Personal Data Protection within 15 days from the date of delivery of the decision or other act of the authority to the following address:

Commissioner for Information of Public Importance and Personal Data Protection

Bulevar Kralja Aleksandra 15, Belgrade 11 000