We have compiled the following recommendations on protecting whistleblowers’ rights, drawing on current legislation and international best practices in whistleblower protection.
- Filing a complaint with the Ukrainian Parliament Commissioner for Human Rights
Under the law, it is the Ukrainian Parliament Commissioner for Human Rights who exercises parliamentary oversight of whistleblowers’ rights. We recommend that you:
- file a detailed complaint together with all supporting documents;
- request a review of whether your rights as a whistleblower are being upheld;
- ask for an expert opinion on your case;
- demand that the protective measures provided for by law be applied.
- Using internal and regular channels for disclosure
If you have not already done so, we recommend that you:
- report every instance of retaliation through the regular channels (the NACP, prosecutor’s offices, and pre-trial investigation bodies);
- keep a detailed record of every action that shows signs of retaliation.
- Legal protection through the courts
Regarding unlawful dismissal:
Under Article 53-4(1) of the Law of Ukraine on Corruption Prevention, a whistleblower and their close persons may not be denied employment, dismissed or forced to resign, subjected to disciplinary action, or subjected to any other adverse measures by a manager or employer. We recommend that you:
- file a lawsuit seeking reinstatement;
- seek a ruling that your dismissal was unlawful on account of your whistleblower status;
- claim compensation for material and moral damages.
- Free legal aid
Turn to the free legal aid system to obtain qualified legal representation in court proceedings. This is your right as a whistleblower.
- Protection against retaliation
Document every instance of: disciplinary proceedings; obstruction of your duties; public discreditation; any action that shows signs of pressure.
- Keeping track of expenses
Keep a detailed record of all costs related to defending your rights (legal fees, lost earnings, and so on), as these are subject to reimbursement if your case is resolved in your favor.
- The right to confidentiality and safety
If there is a genuine threat to your life, health, or property, you are entitled to security measures under the Law of Ukraine on Ensuring the Safety of Persons Participating in Criminal Proceedings. Submit an application to this effect to the law enforcement authorities.
- Monetary reward
If your reports lead to funds being returned to the state budget, you are entitled to a monetary reward equal to 10% of the recovered funds. To claim it, apply to the NACP.
- Media support and public attention
Consider:
- bringing your story to independent media;
- using social media to draw attention to your case (while exercising caution with personal data).
Contacts:
- Ukrainian Parliament Commissioner for Human Rights — Phone: 0-800-501-720
- National Agency on Corruption Prevention — Hotline: 044-200-06-94
- Free Legal Aid System — Phone: 0-800-213-103
Important to remember!
The law places the burden of proof on the employer, not on you: it is the employer who must prove that any adverse action (dismissal, disciplinary penalties) had no connection to your whistleblowing activity!
We wish you persistence and success in standing up for your rights. Exposing corruption is an important contribution to the fight for transparency and integrity in Ukraine.
The law places the burden of proof on the employer, not on you: it is the employer who must prove that any adverse action (dismissal, disciplinary penalties) had no connection to your whistleblowing activity!
