Ukraine has established a comprehensive and progressive system of whistleblower protection, as noted by the monitoring team of the Organisation for Economic Co-operation and Development (OECD) in its report following the assessment of Ukraine within the framework of the fifth round of monitoring under the Istanbul Anti-Corruption Action Plan. Ukraine’s progress in this area was assessed at 90.2 points out of 100 possible, indicating a high dynamic of reforms and significant alignment with the best international standards.
One of Ukraine’s significant achievements in the field of whistleblower protection was the launch in 2023 of the Unified Whistleblower Reporting Portal – a unified and secure digital platform that enables users to quickly and conveniently submit reports on corruption, monitor the status and results of their review, and obtain information about whistleblower status.
In addition, in 2024, the first payments of rewards to whistleblowers were made, which became possible due to amendments to the procedure for using funds allocated in the state budget for the implementation of anti-corruption strategies.
OECD experts stated that Ukraine has developed a comprehensive regulatory framework in the field of whistleblower protection, as well as an effective system that ensures the possibility of submitting reports on corruption. The legislative framework for whistleblower protection meets the main OECD criteria, including the following:
- protection is provided to whistleblowers working in both the public and private sectors, as well as to members of management boards and employees of state-owned enterprises;
- the right to anonymity of whistleblowers and protection against all forms of workplace retaliation are ensured;
- a reliable and accessible system for submitting corruption reports has been created, and the procedure for their review is regulated. In particular, internal, regular, and external reporting channels for whistleblowers have been established. Reports submitted by whistleblowers in any other way are also entered into the Unified Whistleblower Reporting Portal;
- whistleblowers are not subject to legal liability for reporting possible facts of corruption or corruption-related offenses;
- whistleblower protection includes the provision of consultations, state assistance (including free legal aid), compensation for damages suffered as a result of reporting an offense, and guarantees of the restoration of violated rights;
- the burden of proof that any measures taken against a whistleblower were not related to their report of an offense rests with the employer.
The key challenges for Ukraine at this stage include the further improvement of the legal framework with the aim of expanding the scope of whistleblower protection and implementing EU standards. This includes, in particular, the possibility of applying personal safety protection measures to whistleblowers outside the framework of criminal proceedings.
Ukraine is also recommended to review its legislative framework in order to improve the mechanism for ensuring guarantees of protection and the rights of whistleblowers among military personnel, as well as to enhance the collection of statistical data on the use of reporting channels and the forms of protection provided to whistleblowers.
It should be recalled that the assessment covered the system of preventing and combating corruption in Ukraine across nine key areas: “Anti-corruption policy”, “Conflict of interest and asset declaration”, “Whistleblower protection”, “Business integrity”, “Transparency of public procurement”, “Independence of the judiciary”, “Independence of the prosecution service”, “Specialized anti-corruption bodies”, and “Liability for corruption offenses”.
A distinctive feature of the fifth round was the application of performance indicators defined in the monitoring Methodology. The assessment of indicator achievement is based on compliance criteria grounded in international standards and best practices, as well as the inclusion of recommendations provided by the OECD within the previous round of monitoring. Such an assessment system ensures the objectivity, consistency, and transparency of conclusions.
More information on Ukraine’s progress in the areas of anti-corruption policy, as well as conflict of interest and asset declaration, is available on the NACP website.
The full text of the report on the results of the fifth round of monitoring under the Istanbul Anti-Corruption Action Plan is available via the link.
Reference: The OECD Anti-Corruption Network (ACN) is a regional program operating within the OECD Working Group on Bribery, established in 1998. Its mission is to support member countries in preventing and combating corruption through country reviews, practitioner networks, and individual technical assistance.
The Istanbul Anti-Corruption Action Plan is a regional peer review program launched in 2003 under the framework of the OECD ACN, which supports reforms by analyzing and monitoring the implementation of recommendations that promote best international standards.
The Istanbul Anti-Corruption Action Plan covers ten countries of the OECD Anti-Corruption Network: Ukraine, Armenia, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Mongolia, Tajikistan, Azerbaijan, and Uzbekistan. Ukraine joined the program in 2003 and has undergone five rounds of monitoring. All previous reports are available on the ACN website.
In March 2024, the OECD published the Report on Anti-Corruption Reforms in Ukraine following the fifth round of monitoring under the Istanbul Anti-Corruption Action Plan (in 2023, Ukraine underwent a shortened review in five out of nine areas: “Anti-corruption policy”, “Asset declaration”, “Independence of the judiciary”, “Specialized anti-corruption bodies”, “Liability for corruption offenses”). The report confirmed that Ukraine demonstrated significant progress in various areas of combating corruption and promoting integrity.
