Problem

1.6.3. Whistleblower protection is not properly implemented due to insufficient institutional capacity of the authorized bodies and shortcomings in legislative regulation

General information about the problem

The National Agency, the National Anticorruption Bureau, the National Police, prosecutorial authorities, free legal aid providers, state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies, legal entities under public law and anticorruption units (anticorruption officers) of the above-mentioned agencies are empowered to cooperate with whistleblowers and take measures to protect them.
The lack of established interaction and coordination between the bodies authorized to provide whistleblower protection does not make it possible to swiftly respond to cases of violation of whistleblower rights and guarantees and provide proper protection.
The anticorruption units (anticorruption officers) do not always take effective measures to prevent violations of whistleblowers’ labor rights and provide appropriate remedies in case of violations.
In addition, there are cases when a whistleblower needs psychological assistance after reporting corruption, as it is stressful to report corruption, interact with law enforcement agencies, and suffer harassment in the workplace.
The challenges of wartime also necessitate regulating the issue of obtaining whistleblower status by military personnel, providing proper reporting channels and ensuring legal protection and other kinds of protection for such whistleblowers both during martial law and after its termination or abolishment.
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Implementation of SACP measures within the limits of the problem

The total number of OSR – 4
All measures of the SACP
measures, the implementation of which as of 30.09.2024
is about to begin to be completed
4 2 3 1
10
Implemented In progress Not implemented Not started
Measures implemented (fully and partially) - 4 (40%)

Deadlines for all measures

01.08.2023 - 31.12.2024

Implementation of SACP measures within the scope of the Problem by main main performers

National Agency on Corruption Prevention

37.5%
8

Ministry of Defenсe of Ukraine

50%
2

Achievement of ESR within the limits of the Problem

The total number of OSR – 4

SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

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№ Name of the ESR Name of the measure The main implementer Monitoring results (latest) Performance note % виконаних заходів (fully and partially)
1.1. ESR 1.6.3.1 The National Agency and other authorized bodies (units), within their scope of authority, properly implement whistleblower protection in practice through: monitoring the activities of authorized units (authorized officers) in matters of prevention and detection of corruption regarding their work with whistleblowers; proper coordination among agencies authorized to provide whistleblower protection; a proper level of legal protection of whistleblowers; facilitating the provision of psychological assistance to whistleblowers 1.6.3.1.1. Developing the concept of the system for annual monitoring of the activities of authorized units (authorized officers) in matters of prevention and detection of corruption regarding their work with whistleblowers, particularly with respect to: 1) the number of whistleblowers who have requested the protection of the authorized unit (authorized officer) in matters of prevention and detection of corruption; 2) violations of the rights of whistleblowers at an institution; 3) the measures taken towards the protection of a whistleblower by the authorized unit (authorized officer) in matters of prevention and detection of corruption. National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
200% 10/ 5
1.2. 1.6.3.1.2. Implementing the system for annual monitoring of the activities of authorized units (authorized officers) in matters of prevention and detection of corruption regarding their work with whistleblowers National Agency on Corruption Prevention Implementation of the measure has started on time In progress
1.3. 1.6.3.1.3. Drafting and submitting to the Cabinet of Ministers of Ukraine the draft resolution of the Cabinet of Ministers of Ukraine that would regulate the matter of psychological assistance provided to whistleblowers National Agency on Corruption Prevention The measure has not been implemented Not implemented
1.4. 1.6.3.1.4. Developing procedural recommendations on how to provide psychological assistance to whistleblowers National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
1.5. 1.6.3.1.5. Implementing a system for providing psychological assistance to whistleblowers National Agency on Corruption Prevention The measure has not been implemented Not implemented
2.1. ESR 1.6.3.2 Courts and free secondary legal assistance centers are a reliable mechanism for protecting whistleblower rights due to the increased level of qualifications and competencies of judges, free secondary legal assistance center staff and free secondary legal assistance lawyers in whistleblower cases 1.6.3.2.1. Developing training materials for courses for judges, prosecutors, police officers, employees of the State Bureau of Investigations, attorneys providing secondary legal assistance free of charge, and employees of centers providing free secondary legal assistance, in matters of legal protection of whistleblowers National Agency on Corruption Prevention The measure was implemented on time and in full Implemented
100% 2/ 2
2.2. 1.6.3.2.2. Ensuring that at least six training courses focusing on legal protection of whistleblowers are organized for judges, prosecutors, police officers, employees of the State Bureau of Investigations, attorneys providing secondary legal assistance free of charge, and employees of centers providing free secondary legal assistance National Agency on Corruption Prevention There is progress in the implementation of the measure In progress
3.1. ESR 1.6.3.3 Ukrainian legislation is aligned with international standards of protection of whistleblowers; effective mechanisms for implementing legislation on whistleblower protection, including security measures, have been created 1.6.3.3.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law proposing to align the legislation of Ukraine with international standards governing the protection of whistleblowers, which would specifically provide for: 1) the adoption of a broad definition of the term “whistleblowers”; 2) extending the guarantees of protection of the whistleblower to individuals who facilitated the report; 3) refining the procedure for reviewing the reports submitted via regular channels, particularly to the National Agency; 4) designating the National Agency as the authority responsible for coordinating the activities of agencies authorized to provide protection for whistleblowers; 5) ensuring the safety of whistleblowers by expanding the category of individuals entitled to safety measures and implementing new safety measures. National Agency on Corruption Prevention The measure has not been implemented Not implemented
0% 0/ 1
4.1. ESR 1.6.3.4 The law prescribes the particularities of protection of whistleblowers among military personnel. 1.6.3.4.1. Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law providing for: 1) the ability of whistleblowers in the army to freely choose the report channels; 2) the rights and guarantees of protection of military personnel; 3) the implementation of a mechanism of incentives of whistleblowers in the army. Ministry of Defenсe of Ukraine The measure was not implemented on time and in full Implemented
100% 2/ 2
4.2. 1.6.3.4.2. Conducting a communications and awareness raising campaign among military personnel on how they can acquire status as a whistleblower, on the channels through which reports can be made, and on the guarantees of protection for whistleblowers in the army Ministry of Defenсe of Ukraine Implementation of the measure has not started Not started

Key sources on the state of the problem:

1. НАЗК: Аналіз проблеми

Assessment of the situation by international monitoring mechanisms and organizations: