According to the Law of Ukraine “On Corruption Prevention,” not everyone who reports a corruption offense can gain whistleblower status and claim special legal guarantees and rewards. The National Agency for Corruption Prevention (NACP) explains the conditions that need to be met for an individual to be recognized as a whistleblower and what this status means from a legal perspective.
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Conditions for obtaining whistleblower status
According to the legislation, there is a set of conditions under which a person can become a whistleblower. One of the key conditions is the source of the information about the corruption offense. A whistleblower can only be someone who learned about the offense in the course of their professional activity. The law specifies several specific areas from which such information can be obtained:
Employment activity
If a person learns about corruption while performing their job duties, they can become a whistleblower. For example, an employee may report a bribe offer in exchange for making certain decisions or completing a task.
Professional activity
If a corruption offense becomes known during the course of professional activities, the person has the right to be recognized as a whistleblower. An example could be an auditor who discovers financial fraud during a review of the financial activities of a private company performing a state order, such as inflating the cost of works and services paid for with state funds.
Business activity
A whistleblower may report corruption offenses discovered during entrepreneurial activities, such as abuse of power by officials during tenders or procurement processes.
Public activity
A member of a public oversight council at a state agency can become a whistleblower if they uncover a conflict of interest within the disciplinary or personnel commission of that agency.
Scientific activity
A scientist may report academic dishonesty, such as plagiarism, and thus become a whistleblower.
Military service
A servicemember who learns about corruption during their service can gain whistleblower status.
Education
A student who becomes aware of corruption during their educational process can also be recognized as a whistleblower.
Participation in legal procedures
If a corruption offense is discovered during participation in legal procedures, such as bribery for admission to a university or for participating in a state civil service vacancy competition, the person may be a whistleblower.
If the conditions are not met
If the information about the corruption offense became known outside the scope of the above-mentioned activities, the person who reported the offense cannot be recognized as a whistleblower. In such cases, they are considered a complainant according to the requirements of criminal procedural law or the Law of Ukraine “On Citizens’ Appeals.” Although authorized bodies are still obliged to respond to the report, the status of a complainant does not provide the same legal guarantees and protection as that of a whistleblower.
Difference in status and legal protection
An important difference between the statuses of a whistleblower and a complainant is the scope and specificity of the legal protection granted to each. Whistleblowers are entitled to special safety guarantees and may be eligible for a reward for providing information, whereas complainants do not have these privileges.
Ukrainian legislation clearly defines the conditions under which an individual can be recognized as a whistleblower, ensuring the proper level of legal protection for those who help fight corruption in government bodies and other sectors of society.
