Article 8.4. and 13.2.
Reporting Mechanisms and Whistleblower Protection

Article provisions:
8.4. Each State Party shall also consider, in accordance with the fundamental principles of its domestic law, establishing measures and systems to facilitate the reporting by public officials of acts of corruption to appropriate authorities, when such acts come to their notice in the performance of their functions.

13.2. Each State Party shall take appropriate measures to ensure that the relevant anti-corruption bodies referred to in this Convention are known to the public and shall provide access to such bodies, where appropriate, for the reporting, including anonymously, of any incidents that may be considered to constitute an offence established in accordance with this Convention.
State evaluation
Public evaluation
Ukrainian legislation regarding mechanisms for the reporting of acts of corruption and protection of whistleblowers is compliant with Article 8.4 and Article 13.2 of the UN Convention against Corruption. The law provides wide-ranging capacities for reporting corruption and guarantees the anonymity and confidentiality of allegations. However, there is a certain lack of legal regulation regarding specifications for reporting channels. The law also provides sufficient guarantees for the protection of whistleblowers.

Legal requirements are not always implemented successfully. Although in practice there are proper mechanisms for reporting corruption, there are still several shortcomings that do not contribute to effective reporting. The NACP protects whistleblowers, despite their lack of resources, and the fact that the tools available for protection are not fully effective. Due to the novelty of the institute of whistleblowers, certain problems arise in the implementation of laws and they need to be resolved as soon as possible.

In short:

State of implementation

Practices

positive

negative

The creation of the Unified Whistleblower Allegation Portal should ensure proper confidentiality and anonymity of allegations, as well as save the budget funds.
Capacities for reporting corruption are provided at a sufficient level. Everyone can choose the method and channels for reporting.
The NACP actively uses available tools to protect whistleblowers. The work of the body in this direction can be assessed quite positively.
Methodological support for whistleblowers and dissemination of information on the importance of reporting corruption is provided by the NACP at a good level.
State bodies have only partially complied with the requirements to create appropriate conditions for reporting corruption. Some law enforcement agencies do not comply with the requirements for the establishment of regular reporting channels.
Guarantees of anonymity and confidentiality are not fulfilled in practice when reporting corruption related to state secrets.
Protection tools do not always apply effectively. Due to the lack of liability, compliance with the NACP’s prescription depends solely on the will of the person against whom it was made.
Lack of resources undermines the NACP’s effectiveness in protecting whistleblowers.
Discrediting whistleblowers by the NACP itself negatively affects the reputation of whistleblowers and exerts pressure on them.
State evaluation will be published soon.

In short

State of implementation

Practices

positive

negative

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Example of negative practice
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Actual research and materials
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    Public reports
    08.11.2020
    Public report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    Public report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    Public report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    Public report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    Public report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    State reports
    08.11.2020
    State report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    State report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    State report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    State report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
    08.11.2020
    State report on the implementation of the UN Convention against Corruption in Ukraine
    08.11.2020
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