Whistleblowers reporting corruption to be incentivized and protected — Draft law

The Agency for Countering Corruption has developed the draft law "On the Protection of Persons Reporting Corruption Offenses."

The law guarantees the informant:

— the protection of life, health, personal and business reputation, and property;
— the non-disclosure of personal information or other confidential information to third parties;
— the provision of necessary legal assistance;
— the prevention of actions aimed at taking revenge against the informant, including illegal persecution and punishment;
— the prevention of dismissal, demotion, discrimination, pressure, and other forms of persecution, except as provided by labor legislation.

This law does not apply to relations associated with the protection of persons providing confidential assistance to investigative activities.

The informant, at their discretion, reports the corruption offense to the employer, the anti-corruption department, or the Agency for Countering Corruption, state, and law enforcement agencies.

The Anti-Corruption Agency:

— creates a centralized electronic system that provides the registration and analysis of messages;
— upon identifying legislative violations related to the protection of the informant, presents a report to the relevant state organization to eliminate conditions and causes that allowed the violation of the law and to apply appropriate disciplinary measures to the responsible parties, and so on.

Employers are not entitled to:

— unjustified disciplinary punishment, dismissal, demotion, discrimination, pressure, and other forms of persecution against the informant;
— changes in the position of the informant and limitations to their career advancement;
— non-distribution, transfer of information, and refusal of the informant's obligations;
— discrimination in the payment of wages and incentives to informants;
— limitations on the informant's opportunities for education and professional development;
— restrictions on the informant's access to available information or other material resources in the organization's possession;
— harm to the informant's working conditions.

The law provides that the informant is to be rewarded as established by the legislation.

The decision to ensure the protection of the informant is made by the Agency for Countering Corruption, bodies conducting operational-search activities, bodies of inquiry, pretrial investigation bodies, prosecutor's offices, and court.

When there are sufficient reasons to fear persecution and violence, the informant is issued a protection order from state bodies ensuring protective measures.

The security of informants is ensured by the Ministry of Internal Affairs, State Security Service, National Guard, and their regional bodies.

Public discussion of the draft law will last until May 2 of this year.