11.02.2021

Ukrtransbezbeka responded to a public information request

VAT invoice court decision Zhytomyr region

Complainee: State Service of Ukraine for Transport Safety (Ukrtransbezbeka), the Department of Ukrtransbezbeka in Zhytomyr region 
Complaint in brief: The Council received a complaint from a producer of reinforced concrete products from Zhytomyr region. The company complained that the Department of Uktransbezbeka in Zhytomyr region did not provide it with access to public information regarding the company’s debts. The controlling authority did not inform the complainant about fines of the company’s drivers that transported oversized loads with the enterprise’s products. Therefore, the company could pay fines with delay. For that reason, it was threatened with its bank account arrest under the enforcement proceeding and, as a result, suspension of the business activity. The complainant tried to build a transparent working dialogue with the controlling authority, however faced counteraction on the part of Ukrtransbezbeka. Each time when submitting a request for public information the complainant received a formal refusal from the Department of Ukrtransbezbeka in the Zhytomyr region. Violation of the enterprise’s right for public information made it approach the Business Ombudsman Council.
Actions taken: The investigator analysed the case materials and acknowledged the complaint was substantiated. The Council supported the complainant’s position and recommended Ukrtransbezpeka and the Department of Ukrtransbezbeka in Zhytomyr region to provide the company with full, authentic and precise information on fines payment. The Council emphasized that according to legislation, entities that requested public information have a right for full and authentic information.
Result achieved: The Council’s interference helped the producer of reinforced concrete products receive the requested information. The Department of Ukrtransbezbeka in Zhytomyr region informed the enterprise about debts from January 1, 2016 till August 1, 2020. The complainant thanked the Council for successful case settlement: “Thank you for your professionalism. We would like to note that your help was extremely necessary and useful. It is your structure that gives hope that Ukraine is moving towards positive changes. It is thanks to your efforts that the existing system of bureaucratic replies can be left in the past”. The case was closed successfully.
 

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