NACP NACP
A-
A
A+
A
A
Звичайна версія сайту

Oleksandr Novikov drew up a report against Prime Minister Denys Shmyhal for disclosing information about a whistleblower

11.01.2024

The head of the National Agency on Corruption Prevention (NACP), Oleksandr Novikov, has drawn up a report against the Prime Minister of Ukraine, Denys Shmyhal. He unlawfully disclosed information about a whistleblower that he learned in the course of his official duties. 

The Prime Minister, having previously reviewed the report of corruption from the whistleblower, namely an employee of the Commission for Regulation of Gambling and Lotteries, instructed the relevant officials to process the report and inform the applicant and the Cabinet of Ministers of Ukraine (CMU).

At the same time, among the officials who were instructed to consider the report was the Head of the Commission for Regulation of Gambling and Lotteries, Ivan Rudyi, whose illegal actions were reported. Upon learning of this, the official decided to initiate disciplinary proceedings against the whistleblower. However, according to the law, a whistleblower cannot be disciplined or subjected to other negative measures of influence by his or her supervisor or employer. Having established the fact of such actions, the NACP drew up a protocol against the Head of the Commission for Regulation of Gambling and Lotteries,on January 5, 2024.

Thus, the Prime Minister of Ukraine committed an administrative offense under Part 2 of Art. 1728 of the Code of Administrative Offenses, as he illegally disclosed information about the whistleblower that he learned in connection with the performance of his official duties.

The NACP invited the Prime Minister to review the protocol on January 10, 2024, but he did not appear on time and did not inform about the reasons for his absence. 

Therefore, the NACP sent the protocol to the court at the place of the offense. If the court finds Denys Shmyhal guilty of an administrative offense, the official will be fined and deprived of the right to hold certain positions for one year, which will be the basis for entering information about him in the Unified State Register of Persons Who Committed Corruption or Corruption-Related Offenses.

The National Agency emphasizes that the Law of Ukraine "On Prevention of Corruption" prohibits disclosure of information about the identity of a whistleblower to third parties who are not involved in the consideration of the facts reported by the whistleblower and those directly concerned by these facts (part 1 of Article 535 of the Law). A similar provision is contained in Article 16 of Directive 2019/1937 of the European Parliament and of the Council of 23.10.2019 on the protection of whistleblowers reporting infringements of the laws of the European Union.

Ukraine, as a State Party to the United Nations Convention against Corruption, has committed itself to implementing an effective coordinated anti-corruption policy and to establishing and promoting effective practices aimed at preventing corruption (Article 5 of the Convention). 

Establishment of the institution of whistleblowing in Ukraine is a priority of the Program of the President of Ukraine, which, in particular, states: "Not fighting corruption, but defeating it: a corruption whistleblower will be protected by the state and receive material incentives" and requires an immediate and systematic response to violations of whistleblower rights. 

In addition, the problem of effective protection of whistleblowers and strengthening the institutional capacity of the authorized bodies is also reflected in the Anti-Corruption Strategy developed by the NACP and approved by the Law of Ukraine No. 2322-I dated June 20, 2022.

Building a virtuous society where corruption is minimized is the key to victory.

Protocol

Cover letter

Latest News

20.11.2024
14:44
Social media is a catalyst for discourse on the invincibility of corruption and the futility of fighting it - media monitoring data
10:45
150 political parties failed to submit reports to NACP for the third quarter of 2024
19.11.2024
18:00
Five expensive cars, real estate and land plots: NACP reveals signs of illicit enrichment worth over UAH 27.7 million for former SBU official
11:00
Based on NACP materials, criminal proceedings are initiated against the Head of Kharkiv Regional Council: signs of false information worth over UAH 3.4 million are revealed
18.11.2024
15:15
Unjustified assets worth almost UAH 8.7 million may be confiscated from an official of the National Police in Kyiv based on NACP materials
15.11.2024
15:14
NACP presents research and recommendations to eliminate corruption risks in centralized logistics procurement for the Armed Forces of Ukraine
14.11.2024
17:13
European Commission Report 2024: Assessment of Ukraine's progress in preventing and combating corruption
12.11.2024
12:30
NACP joined the meeting of the G7 Anti-Corruption Working Group “ACT for Ukraine” in Tokyo
11.11.2024
18:15
NACP and the European Business Association will work to build ethical lobbying and transparency in business
11:15
Anti-corruption expertise: NACP identified 17 corruption-prone factors in the regulatory legal acts and provided 18 recommendations for their elimination
08.11.2024
18:00
Corruption is not our inheritance, so we must implement systemic changes to prevent it from being passed on to the next generations, - NACP Head
11:45
Violations worth UAH 685 million were detected as a result of 88 completed full audits of declarations in October
07.11.2024
18:15
Customs, border crossing and forestry: Head of NACP tells about the most common corruption risks in Zakarpattia
06.11.2024
14:30
Conflict of interest: regulations, justified conclusions, protocols and court decisions in October
31.10.2024
19:00
Civil forfeiture: UAH 2.2 million of Dnipro city council deputy forfeited to the state based on NACP materials
30.10.2024
17:15
Deputy Head of NACP discussed anti-corruption measures in the activities of the Medical and Social Expert Commission with Odesa Region authorities, Military Medical Commission and customs
29.10.2024
18:45
A series of integrity webinars starts!
28.10.2024
15:09
Based on NACP and SBI materials, case on illegal enrichment of Armed Forces official for almost UAH 58 million is sent to court
21.10.2024
10:00
The Government amended the State Anti-Corruption Program for 2023-2025
18.10.2024
19:30
Reward for reporting corruption: another whistleblower receives payment
Чат-бот Telegram
contact center
Чат-бот Telegram
Contacts
+38 (044) 200-06-94 info@nazk.gov.ua
працює з 9:00 до 18:00
Технічна підтримка
support@nazk.gov.ua