We continue to summarize the four-year work of the current NACP 2.0 team. In the period 2020-2023, the National Agency on Corruption Prevention (NACP) launched a whistleblowing institution in Ukraine.
"The launch took place after the amendments to the Law of Ukraine "On Prevention of Corruption" came into force in 2020, which specified the definition of the term "whistleblower" and introduced three types of channels for reporting corruption - internal, regular and external. In addition, the procedure for reviewing whistleblower reports was changed, and the list and scope of guarantees of their rights was expanded, including the right to free assistance, confidentiality, information and protection from discriminatory measures," said Olekandr Novikov.
These amendments also provided for the right of a whistleblower to receive a reward of 10% of the subject matter of the crime or damages caused to the state.But the right to receive this reward was realized only in 2023, when the High Anti-Corruption Court (HACC) issued two decisions (read more here and here) on the payment of rewards to whistleblowers. This is an undoubted achievement of the establishment of the whistleblowing institution.
In September 2023, the National Agency launched the Unified Whistleblower Reporting Portal, which is still being connected to government agencies. This digital resource, in addition to its direct corruption prevention functions, has another important mission - to create a culture of whistleblowing in Ukrainian society, which should result in a significant reduction in corruption and increased public sector accountability. To raise awareness of organizations about the Portal's functionality, the NACP launched an online training course "Working with the Single Whistleblower Reporting Portal". As of January 2024, 95 agencies were connected to the Portal.
Clarifications were developed on the application of the Law of Ukraine "On Prevention of Corruption" No. 2 dated 12.06.2023 "On the Legal Status of a Whistleblower", as well as clarifications dated 31.08.2023 No. 3 "On Receiving and Considering Reports of Possible Facts of Corruption or Corruption-Related Offenses, Other Violations of the Law of Ukraine "On Prevention of Corruption''. In addition, the NACP has developed an updated Practical Guide on Working with Whistleblowers for authorized units (authorized persons) on corruption prevention and detection.
Whistleblower protection has been a priority for the NACP in recent years. That is why the NACP immediately responded to any violations of their labor rights by issuing orders to eliminate violations of the law and immediately restore the whistleblowers' labor rights. By implementing and developing the institution of whistleblowing, the NACP issued 37 such orders in 2020-2023, including 20 for violations identified during scheduled and unscheduled inspections, and 17 for violations identified during inspections based on whistleblower reports.
The NACP is committed to further developing the institution of whistleblowing to build integrity in the public sphere, based on international standards and best practices. The introduction and implementation of effective mechanisms for whistleblower protection by the NACP is a key to building a culture of whistleblowing and creating a virtuous society.
"Given the course chosen by Ukraine to build intolerance to corruption in the society, observance of legal rights and guarantees of whistleblowers is one of the main priorities of the NACP. Only in close cooperation between state institutions and responsible citizens can we build a virtuous society," said Anastasiia Renkas, Head of the Whistleblowing Institution Development Department of the NACP's Public and Private Integrity Policy Development Department.
As a reminder, we have previously reported on the NACP's work to improve and simplify the declaration process in 2020-2023, despite the one-and-a-half-year suspension of mandatory declaration and the ban on inspections caused by the war.
