We have compiled the following recommendations on protecting whistleblowers’ rights, drawing on current legislation and international best practices in whistleblower protection.

1. 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.

2. 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.

3. 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.

4. 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.

5. Protection against retaliation

Document every instance of: disciplinary proceedings; obstruction of your duties; public discreditation; any action that shows signs of pressure.

6. 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.

7. 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. 

8. 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.

9. 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.

Draft Law No. 11520, which is intended to harmonize Ukraine’s procurement rules with European ones, provides for a long-awaited increase in thresholds.

The thresholds will be set in euros, excluding VAT. For conversion into hryvnias, the euro exchange rate will be determined based on the official exchange rate of the National Bank of Ukraine as of January 1 each year. Therefore, if the euro rises, the thresholds will increase accordingly.

For regular contracting authorities as defined by the law, it will be possible to conclude contracts directly and not report them in Prozorro for goods and services worth up to EUR 2,000 (approximately UAH 100,000 at the current exchange rate), and for works up to EUR 5,000 (UAH 250,000). Contracting authorities will retain the right to use competitive methods for these below-threshold procurements at their own discretion — either a request for quotations or simplified procurement. The electronic catalogue will be renamed the electronic marketplace.

For goods worth between EUR 2,000 and EUR 10,000 (UAH 100,000–500,000), the main method will be a request for quotations. If that procedure does not take place, or if the product is not available in the marketplace, the contracting authority will be able to conclude a direct contract, but it will already have to report it. A simplified procurement procedure will also remain an alternative.

For services worth between EUR 2,000 and EUR 10,000 (UAH 100,000–500,000) and works worth between EUR 5,000 and EUR 40,000 (UAH 250,000–2 million), direct contracts will still be allowed, but they will have to be reported in Prozorro. Alternatively, contracting authorities will be able to conduct simplified procurement or use a request for quotations. 

Mandatory competitive procedures and methods will now apply from EUR 10,000 (UAH 500,000) for goods and services and from EUR 40,000 (UAH 2 million) for works. These may be the familiar procedures under the current law, such as open bidding and the negotiated procedure (where grounds exist), as well as new procedures. The electronic marketplace will also be allowed here. In addition, new procurement methods will become available: joint procurement, updated framework agreement procurement, procurement through a dynamic purchasing system, and the groundwork has been laid for the future introduction of reserved contracts.

Thresholds for procurement with publication in English have also increased: to EUR 140,000 (UAH 7 million) for goods and services, and to EUR 5.4 million (UAH 274 million) for works. These procedures may likewise be carried out using a range of procurement methods, except for requests for quotations through the electronic marketplace. 

A similar increase in thresholds is also provided for contracting authorities operating in specific sectors.

This material is funded by the European Union. Its content is the sole responsibility of Transparency International Ukraine and does not necessarily reflect the views of the European Union.

After the Midas Operation, in which the NABU and the SAPO exposed high-level corruption in the energy sector, many questions arose about the effectiveness of involving the State Financial Monitoring Service in investigating corruption schemes. This was especially relevant in light of the NABU Director’s statement that detectives had faced instances where the State Financial Monitoring Service ignored their requests to trace funds.

For this reason, we want to take a closer look at the role that high-quality financial monitoring plays in uncovering organized crime and corruption.

 

What are financial investigations and how do they work?

Imagine a situation in which corrupt officials receive bribes, siphon off budget funds, or participate in other criminal schemes. But money does not simply disappear — it must be used, hidden, or laundered. This is where the State Financial Monitoring Service steps in.

The State Financial Monitoring Service (SFMS) is a government body responsible for organizing processes to prevent money laundering. For example, it monitors suspicious financial transactions in Ukraine. Its key function is to detect attempts to “cleanse” criminal proceeds through the financial system, i.e., to make them appear legal.

Billions of hryvnias are spent from the national and local budgets each year through public procurement. These funds are used to procure equipment for hospitals, food for kindergartens, ammunition for the military, repair roads, and build shelters.

 One of the key advantages of the Prozorro electronic system is that anyone can monitor procurement transactions. All stages and documents for each tender are available online.

If you want to start monitoring public procurement, we’ve prepared a brief guide on the most common violations on Prozorro and where to report them.

Last May, the Register of Damage Caused by the Aggression of the Russian Federation was established under the auspices of the Council of Europe. Despite optimistic forecasts, it took some time to form the Register’s governing bodies and adopt the rules and regulations necessary for its operation.

On April 2, the Register of Damage opened for the submission of claims under the first category—damaged or destroyed residential property of individuals.

The International Register of Damage is the first component of the future international compensation mechanism for damages caused by the aggression of the Russian Federation. It will collect, process, and record claims from victims. However, the Register will not directly consider claims for damages on the merits, make an assessment of losses, or decide on the appointment of any payments or compensations. This will be the responsibility of an ad hoc claims review commission, which is in the process of being established. Later, legal entities and the state of Ukraine will also be able to submit a claim for damage in the Register, in addition to individuals, for more than 40 different categories of damage.

In the meantime, we provide an explanation for Ukrainians on how to do it.

Journalists dealing with such topics as budget and public procurement have to process significant amounts of data. Usually, they do this manually by searching for the necessary information on Prozorro. This work can be automated and facilitated by using the BI Prozorro analytics module. Ways to use it are presented hereafter.

Module description and components

BI Prozorro is a free tool for public procurement analysis provided by the Dozorro project of Transparency International Ukraine. It contains data on all procurement made via the e-system since 2015. The module updates the information every night, so today’s activities will be available in it the next day. When you see BI Prozorro for the first time, it appears to be a complicated pile of tables that would puzzle even an expert. However, it’s not that bad. The module may not look user-friendly, but it has a really well-categorized inner structure.

Read also: “Public Procurement 101: Do Not Get Lost In Prozorro”

BI Prozorro consists of unique sections named Schedules. They contain data on various components of public procurement — for example, the procurement itself, contract performance, monitoring by the State Audit Service, etc. The most recent actions are available in Schedule 12 — “Procurement Stage (for the previous two years)”. And if you need

to look deeper into the history — Schedule 13 — “Procurement Stage (all years).” By the way, Dozorro is currently working on merging these Schedules into one.

Then each Schedule is divided into sheets — just like a section is divided into pages. They allow for data analysis from different points, learning more about a specific tendering authority/tenderer, or general system indicators. It appears that journalists will most often use such sheets in Schedule 12:

• Tenders/Lots
• Indicators
• Tenderers
• Tenderer’s card

Sheets “Design View” and “Random Comparison” — for a more advanced user working with the module.

The Dozorro team almost always starts working with the module from the Tenders/Lots sheet. It has convenient filters to get a downloadable table of the procurement in questions at once.

Basic search filters

To get the procurement table, you should limit the selection, as there are millions of them. Guidelines and usage tips are at hand — click the button Selection Guidance on the right.

The most frequently used filters are located at the bottom to the right. To open the list, click on the arrow below. There are additional filters:

• The tendering authority’s region — to select procurement transactions in a specific area.
• Tendering authority — to search for procurement transactions of a certain body, institution, utility, or public enterprise.
• Tenderer and Successful bidder — to select procurement transactions with a certain company participating or receiving a contract.

Contracting authorities (that is, procuring entities) and procurement participants can be searched by EDRPOU codes. For example, a journalist needs to review tenders posted by city hospitals. They can compile a small table of their names and codes — and then copy the column with EDRPOU and insert it into the filter search field. The module will pull up the relevant procuring entities.

All filters set by the user are displayed on the top panel (selection line). On the right, it has a button with rectangles to open the entire list of available filters. There are hundreds of them, so to find the right one, check the box next to Show fields and start entering a keyword in the search field. For example, “non-price” for filters on non-price procurement criteria, “monitor” for those related to the State Audit Service monitoring, etc.

When you click on the button with rectangles, the advanced selections are collapsed and the user is back to the table view. There is a filter for the year and month of the purchase announcement underneath. Right above it, there is a line indicating the current number of lots in the table, their expected value, the initial (as of the conclusion date), and the current value of the contract.

The table columns can be rearranged, and if you click on their name, the data will be sorted in descending order. Another click will change it to ascending order. Therefore, if you click on the Expected value column, you will see the most expensive tenders at once.

The column with an ellipsis and the blue word Lot everywhere contains hidden hyperlinks. They are references to the corresponding procurement page on Prozorro.

You can save the table. To do this, right-click anywhere on it and select Table — Download as… — Data.

Search by a keyword

It is a bit more difficult to search by procurement name. Procuring entities may call the same product, work, or service differently: keywords can be in singular or plural, in different cases, and with additional information included. To search by all variations, you should use special symbols:

* — asterisk means any number of arbitrary characters. Therefore, the request *table* will include procurement transactions of a Wooden table, a Desk, a Set of ottomans and a Drawing table, etc.

? — question mark replaces one character. It should always be used instead of a space. It can also be used instead of an apostrophe or where the procuring entity could have confused a letter (like i and e in complex words).

If you need to search for procurement transactions by several words at the same time, you should put all the separate requests in brackets and divide them using vertical lines. It will look something like this: ((*NewYear*)|(*Christmas*)|(*tree*)).  Detailed search guidelines are available here.

If you search by one keyword only, a lot of irrelevant items will be pulled into the table. So, *table* request will include table tennis paddles, bed linen, and even an astilbe flower. Thus, it is recommended to add a filter on the CPV class to make the sample more relevant. CPV, also known as procurement dictionary, is a classifier of items a procuring entity purchases. It has goods, works, and services broke up into groups. If there are any doubts on the applicable code, you should use the CPV-tool by KSE. For example, for the table search case, you should have put in the following: 39120000-9 Tables, display cabinets, desks, and bookcases, and also 39130000-2 Office furniture.

A functional link

To support your news or article material with a link to the selections made, you cannot just copy the link. In the latter case, the module will simply open a blank sheet, without any of your selections. To avoid this, you should complete the link manually. In simple terms, you do the following: copy the link from the line above and add /select/Filter name/Its value to any text editor. More information is in this manual.

You can also make a standard link with filters including the related procuring entities or CPV codes, save it to your bookmarks, and open it where necessary to review new procurement transactions in the same way.

How to search for suspicious procurement transactions

Basic indicators to pay attention to in the module:

• The number of complaints — a table column where you can see the procurement businesses complained about to the Antimonopoly Committee most often.
• The number of disqualifications — this column is next to the previous one with complaints. It shows the number of tenderers the procuring entity rejected during the procurement process.
• Data about any monitoring held — this filter is in the advanced selection list.
• Price per unit — if you take the average market price of a certain product as a basis, you should choose the related procurement, choose the correct unit of measurement (so that chicken fillet is not measured in persons, yes, this is a real case example), and search for procurement transactions with a higher price.
• A procurement value close to the threshold may indicate that the procuring entity is trying to manipulate the procedure to avoid competitive bidding. More information about the current thresholds is available here.

It is really important to keep in mind that although the said indicators may prove a problematic procurement, it is not necessarily always the case. A lot depends on the journalist’s level of knowledge of procurement rules and nuances as then each suspicious deal should be carefully reviewed.

How to find out more about tenderers

The top contractors of a specific procuring entity are presented in the Tenderers sheet available via the Sheets button at the top right. If you switch between sheets within the same application, all set filters are saved.

On this sheet, pay attention to the column Number of won bids and Value of won bids. If you click on the names of the related columns, you will see the contractors who received the largest number of contracts and contracts with the largest total value.

If you wish to conduct a detailed study of a top supplier, you should click on it and check if any of the previous selections are to be removed. And then go back to the other sheet using the button on the upper right. Now it will be a Tenderer Card (Bids). Here you can see its most often procurement transactions, other competing entrepreneurs at tenders, and its areas of activity. Round colored buttons on the same page allow you to go to the company profile on other services, for example, YouControl or Opendatabot.

The data on this sheet can be presented by the number of lots or by their expected value.

More of general numbers

General data can be reviewed on the Indicators sheet. It includes the procurement geography, ranking by CPV codes and tendering authorities, total numbers about the procurement amount, cost, and the competition level. Infographics are presented by the indicator selected above.

Presenting all the module tools and the related procurement analysis may take a long time, but first things first. This text presents their main functions beneficial to a journalist. If you have any additional requests or questions about the module, please, contact the Prozorro Analytical Tools group or at bi@ti-ukraine.org.

We wish you successful analytics!

This post was prepared with the financial support of the European Union. Its content is the sole responsibility of Transparency International Ukraine and does not necessarily reflect the views of the European Union.

Since August 2023, the second component of the state program eRecovery has been launched—compensation for housing destroyed due to the war. 8,400 Ukrainians applied for financial assistance. Almost a quarter of them have already received their housing certificates to purchase a new home. Transparency International Ukraine described in detail the features of such compensations in a guide.

But the specialized law, in addition to certificates, which are mostly applied for by the owners of destroyed apartments, provides for the opportunity to receive funds to completely rebuild or build a new private house.

Of all the forms of compensation under the eRecovery program, only this one had remained unresolved. And finally, the government set out to fix it in mid-January. In addition, the Cabinet of Ministers updated the existing procedures for providing assistance for damaged and destroyed housing. Let’s find out what has changed, and what potential recipients of compensation should know.

The High Anti-Corruption Court (HACC) arrests more often suspects in absentia, i.e. without their presence in the courtroom. In 2023, there was a case with Maksym Stepanov, the former head of the Ministry of Health of Ukraine; Andrii Dovbenko, alleged organizer of the embezzlement of Asset Recovery and Management Agency property, Oleksandr Dubilet, suspected of embezzling Privatbank funds, and others.

The arrest in absentia is applied to persons hiding from the investigation. However, the question arises as to whether this practice is effective, as the suspects may never return to Ukraine. Let’s try to figure it out.

During wartime, the primary allocation from the budget should prioritize supporting the military. Of course, the crucial needs of the state must be covered: repair roads to ensure logistics, build housing for IDPs, procure electricity and gas for enterprises, and buy necessary equipment and supplies for hospitals to save the lives of defenders injured at the front…

Who decides what public funds will be used for? The Parliament approves regular annual budgets at the end of each year. The Ministry of Defense received UAH 1.16 trillion of allocations in 2024 budget. The total planned expenses for the next year are UAH 3.35 trillion. That is, at least a third will go to defense. Why at least? In comparison, UAH 858 bullion was planned for the defense in 2023 (also about 1/3) but as of early October, the actual spending is more than UAH 1.4 trillion, that is almost 60% of the total state budget in 10 months of 2023.

Defense is a priority for the state now. And we see that from the budget. However, one of the problems is that we can only fund it with our own income. Social security and other needs are partially covered by partners’ funds.

In addition to the state budget, there are also local ones. Each community approves its own budget and everyone can see the expense details of their city or locality.

We don’t have much money for anything other than the Victory. Therefore, effective spending free from abuses is crucial.

Can citizens influence the budget?

Back in 2020, the Ministry of Finance approved recommendations on how local authorities can encourage people to be involved in budgeting. These include public hearings, round tables, creation of public councils and participation budget procedures, when citizens can submit their own projects for funding.

However, the first thing that can be done is to analyze community’s draft budget when it is made public (usually October – November). For example, Kyiv activists have done that this year.
They found projects in the city budget which they consider uncritical: the construction of new interchanges and parking in Obolon. They urged for redirecting that money for military needs. So they drew up the petition that received the required number of signatures less than in a week.

Communities have the right and power to influence the budget. But to make it rationally, there must be concrete proposals rather than empty slogans as “Money for the Armed Forces”. That gives you more chances to make tangible impact and change, although not guaranteed at 100%.

Where to check what is procured?

So, the budget has been adopted. Where can you see what they procure and for what price? Fortunately, in Ukraine, public procurement can be monitored by everyone on Prozorro. But before you start, we strongly recommend spending an hour of your time to find out the procedure: what are thresholds, how to distinguish a tender and not a tender, and what is the difference between the expected cost and contract price.

Figured it out? Now you may proceed with studying search on Prozorro. Consider starting with something small and close to you: check procurements of your housing and utility service, the nearest hospital, or your child’s school. By the way, school procurements are often made by local education departments, not school administrations. You did not think it would be easy, did you?

Usually, Prozorro is enough to get started with procurements. But when you feel like a pro and want to move to a higher level, you may consider using BI Prozorro, a more advanced and powerful analytical instrument by DOZORRO TI Ukraine. There you can analyze procurements in dynamics, compare regions, and much more. However, you will need a couple of hours to figure it out.

So, you found violations in procurement. What next?

The algorithm of your actions will depend on violation. Before you start, we must warn you that the “Report violations” button of the State Audit Service in the top right corner of the website page is not the best way to contact auditors. While you’re welcome to use it for a request, it’s rare for auditors to thoroughly read these and even rarer for them to respond.

So we recommend to follow the link under the button which explains in what cases you may consider contacting auditors. They are, among others:

• procuring entity chose the wrong procedure, for example, direct procurement instead of special open bidding,
• procuring entity rejected the proposal although it met all the requirements,
• procuring entity did not reject the proposal although it had to because of some issues.

If you did follow the link, you may see that most other grounds for contacting auditors include violations in particular details of procurement procedure: deadlines, documents, etc. It takes more than one article to learn how to read tender documents and understand all the nuances of public procurement information.

What about overspending? Yes, you may contact auditors if you find overspending in procurement. For example, when the product price is significantly higher than market. For example, you read the repairs procurement estimate and found that foam blocks are three times more expensive than in online stores. You may also report overspending to the police and local prosecutor’s office. We recommend contact both them and auditors via email addresses of their branches in your locality. Auditors have their local offices.

And what if certain procurement is simply inappropriate during the war? If you believe that specific spending is very irrational, try contacting the procuring entity and its governing body first (for example, the city council, if appropriate). Neither the State Audit Service, the police, nor the prosecutor’s office have the authority to cancel procurement because it is irrelevant. This can only be done by the respective procuring entity.

Who can help?

You’ve probably already realized that procurement isn’t very easy? In fact, we are very lucky in Ukraine with e-procurements, as transparent as possible. In most countries they are only partially open.

It really takes time to figure it out. But as long as you’re just starting your journey as a public procurement monitor, you may ask for help. Try contacting public organizations monitoring procurements in your region. They are usually happy to receive a request. If you could not find any, contact us at DOZORRO on Facebook.

Journalists are another good option. Maybe there is a reputable media in your community which covers procurements from time to time. You may contact journalists if you come across suspicious tenders and have good reasons to see potential violations there.

Specialized NGOs and journalists have a lot of work to do but they are usually willing to help exposing complicated cases and contact regulatory and law enforcement authorities, and make the case public.

Do not forget about the power of social media. You may post the details of your discovery on Facebook or any other social media platform.

Here are some disclaimers (please read them, they are very important)

Always remember why we are trying to monitor procurements. We want to make Ukraine stronger, help it win the war, and use our very limited funds efficiently. Finding and spreading hype is a bad reason. Prevent violation is good.

That is why it is crucial to understand the field of your procurement monitoring. Or try asking for help from those who is good in that.

At DOZORRO, we have been monitoring procurements for seven years and have identified a number of rules that we try to follow:

1. Analyze carefully. Test hypotheses. Double check with your colleagues.

Being professional buyer is very difficult and not generously paid job. We do not want to give them hard times with unreasonable audits.

2. Ask procuring entities.

If you find violations, especially in an ongoing procurement, a procuring entity is the best candidate for elimination. Also, procuring entities may give you information unavailable on Prozorro. For example, not so long ago we thought that we had found an overspending in the procurement of a cleaning machine by Ukrzaliznytsia. It turned out however, that additional batteries were included. We rushed to communicate violation and we are sorry for that.

3. Don’t give up.

Not all reports from even our analysts and professional lawyers are responded to or lead to criminal proceedings. But the significant part still does. Over the past year alone, we have had 35 criminal proceedings opened based on our reports and auditors have confirmed violations on more than 180 reports. In another 42 cases, violations were corrected by the procuring entities. And this is the motivation not to give up and continue monitoring.

When someone in Ukraine says that they have obtained a driver’s license, they may be asked in response “How much did it cost?” All because the process has already turned into an old corruption legend; allegedly, it is unrealistic to pass exams without a bribe because the whole system is focused on this. Transparency International Ukraine is confident that this is not the case, so we have collected inspirational stories of people who obtained their driver’s licenses without bribes. 

Spoiler alert: it’s hard, but worth it!

According to the results of the 2022 sociological survey by Info Sapiens, the service centers of the Ministry of Internal Affairs rank third in the corruption prevalence rating. 26.7% of respondents reported that they had faced corruption in various cases in the centers. In addition to issuing a driver’s license, the list also includes car registration, technical control, and obtaining documents without waiting for one’s turn. 

Since August 1, 2023, changes have come into force that should reduce corruption risks when obtaining a driver’s license. Future drivers now have multiple attempts to pass the practical part of the exam over the course of two years, rather than three attempts, as used to be the case.

A new school year started a few days ago. Oksen Lisovyi, the Minister of Education said in late August that most children should study offline, of course, if their schools had equipped shelters.

Offline school or kindergarten often mean solicitations for financial contributions. “We must urgently collect UAH 700 each, for classroom repairs because our school “acceptance” is in August”, “UAH 3000 for a shelter” — real stories from parents on social media. However, it is the responsibility of local budgets to ensure repairs and general maintenance of schools and kindergartens. How to check what has already been bought for an educational institution? What else will they buy? And what did the school ask funds for in general? Here is our guidance on how to navigate this.

Prozorro for procurements

Here what you can check on Prozorro:

• What was ordered for your school or kindergarten?
  For example, upcoming furniture deliveries, the exact list of operations for shelter repairs, or catering arrangements.
• How much it will cost?
• What businesses were awarded contracts?

For example, this summer local government officials in Dnipro received notice of suspicion in fraud during the purchase of furniture. Schools received desks that did not meet the requirements, but they were still accepted and paid for. Losses are estimated at approximately UAH 3 million. When parents know exactly what is to be delivered or repaired, they may quickly notice inconsistencies and sound the alarm.

To find the right procurement, you may use:

•     EDRPOU code of a local Department of Education,
•     EDRPOU code of a school, if it arranges procurement on its behalf,
•     school name and address.

The simplest way is to filter orders by EDRPOU code on Prozorro. You may also filter by year or date of publication to see the most recent procurement.

Another option is to select procurement on BI Prozorro analytical module. It looks more complicated but it also has more different filters, and there’s option to download information to a single table, view charts and vendor information and so on. There you can select “12. Procurement stage (2022-2023)”, and then “Tenders/Lots”.

You will see the most popular filters on the right, expand the list to see them all. At the bottom, you can limit tenders by time. All filters you check will appear on the top panel. At the top right, you’ll also find some basic instructions to help you understand this tool. To save the table, right-click on it and select “Download as”.

Also, you may search by school name or address — try to filter out the search results by lots. This information will assist you in refining your search within the Department of Education’s procurement records and in identifying contracts made by other institutions. For instance, the procurement of an alarm button installation for the kindergarten in the village of Prolisky in the Kyiv oblast was arranged by the Department of Humanitarian Development and Public Health. And the kindergarten shelter in Krasne Pershe village was procured by the Executive Committee of Obukhiv Town Council.

What you should pay attention to in tenders:

• Product characteristics and terms of services and works. For example, what dishes should be prepared by a contract awardee in a children’s food tender? Please note that the less detailed the requirements for the ordered goods, services, or works, the higher the probability of getting something of poor quality. However, too detailed description may mean that the criteria have been adjusted for a specific vendor.
• Prices. Be careful when comparing tender prices with those on the internet — the contract price may include delivery, deferred payments, and so on.
• Contract deadlines. When shall a vendor finish repairs or deliver new books?

You can learn more about how public procurement works in general now, what procedures and rules exist in one of our previous materials.

You may check if an order is paid on Spending portal. There you will also need to filter out the necessary payments by EDRPOU code of an entity that spends budget money to an educational institution.

More information is available on request

Some accessories or repairs may be not available on Prozorro now, but they may be pending. To find out what expenses are planned for the next months, you may write a request for public information. The request may be addressed to a school or a education authority, depending on a contract giver. You may create a request on Dostup do Pravdy (Access to Truth) or using templates.

Also, sometimes in response to the question of why it is necessary to cover certain needs of the school, parents hear that “they do not give money from the budget” or “the city/village does not have funds”. Indeed, local budgets cannot cover all requests at once. However, urgent needs have higher priority. And here it is worth finding out whether a school or kindergarten even asked to allocate funds for it.

Educational institutions draw up budget requests before each new budget year: there they describe how much money they need and why. It happens that school and kindergarten leaders do not specify all the needs of the institution in such requests: they rely on the help of parents, do not believe that money can be allocated, or simply do not know how to plan expenses correctly. However, if the Department of Education doesn’t receive accurate and transparent budget requests, it may remain unaware of the actual needs. And accordingly, it will not allocate budget funds for them.

You can also find out information about requests from an educational institution through a request for public information.

The best ways to make contributions

You may make a financial contribution to support your school or kindergarten if you want to. But it is only your choice. Not because the parent committee told you to do so, not because you should, but because you feel like doing that.

A secure option to do that is to transfer money to a treasury account of an educational institution, local government, or the District Department of Education. You may specify the transfer details, for example, repairs of the gym at School No. 2. That money will also be spent through Prozorro.

What else can be done to help the school, as well as how to help allocate funds for school needs, can be found in the special handbook for parents.

If you have any concerns regarding potential corruption in procurement or if you require guidance on effective monitoring, please don’t hesitate to reach out to DOZORRO.

The publication was written with the support of USAID/UK aid project “Transparency and Accountability in Public Administration and Services/TAPAS.”

This material was co-authored with Kateryna Rusina, DOZORRO TI Ukraine Communications Manager.

Housing certificate

A housing certificate is a document confirming the state’s guarantees to provide financing for the purchase of housing in the amount specified therein.

If the commission has decided to compensate through a housing certificate, it must send it to the recipient through Diia, by e-mail, or in paper form by mail, if the application was submitted in that way.

NB! A hard copy of the housing certificate can also be obtained from an administrative service center, a social protection authority, or a notary.

What you need to check in the certificate

Once you have received your housing certificate, it is important to ensure it contains all the necessary information about:

• the recipient of compensation;
• the presence/absence of a priority right to receive compensation;
• the amount of compensation (it must match the amount specified in the decision of the commission);
• the registration number of the housing certificate in the Register of Damaged and Destroyed Property;
• the decision of the commission and the executive body of the local self-government body/military administration, on the basis of which it was issued;
• the destroyed object of immovable property, for which compensation is provided;
• a generated QR code for fast recognition by scanning devices.

How to use the certificate: choosing housing

The housing certificate may only be used by the owner or their heir for a period of 5 years from the date of issue. It cannot be sold or donated to third parties.

With the certificate, you can buy an apartment or a house in both the primary and secondary markets. You can also invest in housing that will be built in the future.

NB! Funds can also be used to purchase a land plot on which a private house that you want to buy is located.

With the certificate, you can purchase housing in any locality of the country, except for the temporarily occupied territory or territorial communities located in the area of military (combat) operations. It is not allowed to purchase housing from a construction customer in respect of which a bankruptcy case has been initiated, which is in the process of dissolution, or has no right to perform construction works at the relevant object.

NB! One or more housing certificates belonging to one or more owners can be used to purchase housing.

How to use the certificate: apply for funding

When the recipient of compensation has chosen housing, they must submit an application for financing the purchase of housing through a notary, administrative service center, social protection authorities, or Diia to JSC Ukrposhta, which is the contractor of the compensation program.

If the cost of the housing chosen for purchase is lower than the amount of money indicated in the housing certificate, information on the difference will be entered in the Register of Damaged and Destroyed Property. This amount will be paid later at the expense of funds received from russia as compensation for losses caused by the aggression against Ukraine.

If the cost of the housing exceeds the amount specified in the certificate, the recipient must pay the difference themselves. The taxes and mandatory payments established by law are to be paid independently, for example, for notarial deeds, administrative fee for state registration of property rights, etc.

The application for financing shall indicate:

• information about the housing chosen for purchase (address, area, number of rooms);
• the price of such housing previously agreed upon with the owner/customer of the construction;
• information about the housing certificate (number and date, amount of compensation);
• information regarding the means of communication with the compensation recipient (phone number, postal address, e-mail address).

Applications for financing the purchase of housing are considered in the order of their receipt, taking into account the priority right to receive compensation. The term for consideration of the application is no more than 10 working days. Compensation is carried out within the limits of available funding, so, in the absence of funds, the period for considering applications for financing the purchase of housing is automatically stopped and resumed after the program provider receives the funds.

Funding agreed — what’s next?

Confirmation of financing the purchase of housing using a housing certificate is valid for 30 calendar days from the date of the relevant decision. During this time, you need to conclude and notarize an agreement on the purchase of housing using a housing certificate. If this is not done within the deadline, the application for funding will be considered withdrawn.

NB! Simultaneously with the certification of the agreement on the purchase of housing, the notary imposes a prohibition on the alienation of the acquired property for a period of five years.

Along with the certification of the agreement, the notary shall enter the details of the signed agreement, the bank details of the seller(s) for payment, the cost of housing under the agreement, the amount for payment under the housing certificate, the full name of the seller of the property object in the Register of Damaged and Destroyed Property. The program provider transfers funds to the seller’s account within 5 working days from the date of entering the data on the agreement into the Register.

From the date of crediting funds to the seller’s account, the housing certificate is considered used; the corresponding information is entered in the Register of Damaged and Destroyed Property.

This publication was made possible by the support of the American people through the United States Agency for International Development (USAID) within the SACCI Project. The content of this publication is the sole responsibility of Transparency International Ukraine and does not necessarily reflect the views of USAID or the United States Government.

Corruption is a multifaceted phenomenon, often characterized by the unfair allocation of public resources driven by private interests. It involves not only financial assets but also services, goods, and various other opportunities. Corruption can lead to disciplinary, administrative, and criminal liability.

When ordinary citizens complain about corrupt officials and suggest fair punishments, they typically focus on criminal liability — such as imprisonment, confiscation of property, arrests, and other severe penalties outlined in the code.

In this explainer, we’ll take a closer look at which corrupt actions are criminalized and review the penalties established in the Criminal Code, which vary depending on the specific offenses.

First and foremost, we focus on officials who accept or demand bribes. However, criminal liability also extends to representatives of the private sector, such as ordinary employees, contractors, and others. Those who give or offer bribes are equally accountable under the law. Ukrainian courts can also prosecute foreigners or stateless persons who do not reside permanently in Ukraine but have engaged in bribing officials or committed crimes in collaboration with officials within the country.

An important detail: the Criminal Code of Ukraine (CC of Ukraine) does not use the term “bribe.” Instead, it has the broader concept of “illegal benefit,” which encompasses not only money or property but also certain advantages, privileges, services, and intangible assets.

What types of punishment are prescribed?

 

1. A fine, the amount of which is determined by the court based on the range specified in the relevant article of the Criminal Code of Ukraine. It is linked to the “tax-free minimum income,” which in 2023 is set at UAH 17.

 

1. Correctional labor, which citizens can perform for a period ranging from six months to two years at their primary place of work. 10-20% of earnings from this work are allocated to the state. This punishment cannot be imposed on pregnant women, military personnel, judges, prosecutors, lawyers, local government officials, civil servants, and others.

 

1. Community service involves socially useful work that a person performs without compensation during their free time. However, the total amount of service cannot exceed 240 hours or 4 hours per day. This penalty does not apply to pregnant women, people with disabilities, conscripts, and others.

 

1. Confiscation of property means that all or part of a person’s assets are forcibly and without compensation taken in favor of the state. In the case of special confiscation, property used in or resulting from a crime (such as a bribe) is seized. This means that not only the convicted person’s property can be confiscated, but also the property of others involved.

 

People often confuse other types of punishment — arrest, restriction of liberty, and imprisonment. To understand the differences, read our other explainer.

Courts determine punishments based on the severity of the offense, the identity of the offender, and any circumstances that may mitigate or aggravate the penalty. A more severe punishment is imposed only if less severe measures are deemed insufficient to rehabilitate the individual and prevent future criminal behavior.

What actions can lead to criminal responsibility?

A person is involved in bribing public or private officials, employees, contractors, and others.

Remember that in bribery cases, both parties can face punishment — the one who gives the bribe, as well as the one who takes, asks for or even demands money. It is also important to note that corruption laws can apply not only to officials or those who offer bribes but also to employees in the private sector. For example, if a private entrepreneur demands illegal benefits, even from someone who is not a civil servant, they can be convicted of corruption. The law can also apply to citizens who offer money to resolve their issues, regardless of the amount.

 

• Offer or promise of a bribe for a particular service to an employee or contractor (Article 354 of the Criminal Code of Ukraine)

Punishment options include a fine of up to UAH 4,250, community service for up to 100 hours, correctional labor for up to 1 year, or restriction of liberty or imprisonment for up to 2 years. For repeated offenses, the fine is doubled, the maximum community service term increases to 200 hours, and 1 year is added to the other penalties.

If an employee agrees to, asks for, or receives a bribe, they face a fine of up to UAH 8,500, community service ranging from 100 to 200 hours, or restriction of liberty or imprisonment for up to 2 years. Harsher penalties apply in cases of repeat offenses or demanding a bribe: a fine of up to UAH 12,750, community service for up to 240 hours, or restriction of liberty or imprisonment for up to 2 years.

 

• Bribery of an official of a private enterprise (Article 368-3 of the Criminal Code of Ukraine).

If a person offers a bribe to an employee of a private enterprise, they should be aware that the employee has the right to report the offer to the relevant authorities. The potential consequences include a fine of up to UAH 6,800, community service for up to 200 hours or restriction of liberty or imprisonment for up to 2 years. If the offer is repeated, made in collusion, or as part of a group, the fine increases to UAH 8,500, and the term of restriction or imprisonment can be extended to up to 4 years.

An employee, in turn, may act unscrupulously and accept the bribe. For this, the law provides several punishment options: a fine of up to UAH 6,800, correctional labor for up to 2 years, arrest for up to 6 months, restriction of liberty or imprisonment for up to 3 years, and, ultimately, a ban on holding office for up to 2 years.

How does it work in the opposite scenario, when an employee of a private enterprise demands a bribe from you? The penalties are more severe: imprisonment for 3 to 7 years, with the possibility of property confiscation. The court may also consider if the employee has previously accepted bribes.

• Bribery of persons providing public services (Article 368-4 of the Criminal Code of Ukraine).

 

Citizens regularly use the services of notaries, auditors, appraisers, and others. These people provide public services and must actively work to prevent corruption. It is important to note that civil servants are not included in the list in this article.

Those who attempt to bribe such individuals can face a fine of up to UAH 6,800, community service for up to 200 hours, or restriction of liberty or imprisonment for up to 2 years. If the crime is committed in collusion, as part of a group, or repeatedly, offenders may face a higher fine (up to UAH 8,500) or spend time in prison or correctional facility for up to 4 years.

The law also warns public service providers against engaging in corrupt actions. For accepting a bribe, the penalties are similar to those for other employees: a fine of up to UAH 6,800, correctional labor for up to 2 years, arrest for up to 6 months, and restriction of liberty or imprisonment for up to 5 years.

For repeated bribery or extortion of illegal benefits, offenders can face up to 8 years in prison, along with the possibility of property confiscation.

 

• Offer, promise or receipt of illegal benefits by an official (Article 369 of the Criminal Code of Ukraine).

Citizens are prohibited from offering or paying bribes to officials. For such actions, they may face a fine of up to UAH 6,800, or restriction of liberty or imprisonment for up to 4 years. A repeat offense is punishable by up to 6 years in prison, a fine of up to UAH 17,000, and possible property confiscation.

Such an offer for senior officials carries a penalty of up to 10 years in prison, with the possibility of property confiscation.

●     Acceptance of an offer, promise, or receipt of an illegal benefit by an official (Article 368 of the Criminal Code of Ukraine).

An official who accepts or solicits a bribe is also subject to criminal liability. The court may impose a fine of up to UAH 68,000, arrest for up to 6 months, or imprisonment for up to 4 years. Additionally, the official may be banned from holding office for 3 years — a penalty that can be applied under several other articles defining criminal liability for corruption.

Penalties may vary depending on the amount of the bribe received by the official. For a bribe of a “significant amount” (over UAH 134,200 as of 2023), the prison term ranges from 3 to 6 years. For a “large amount” (over UAH 268,400), the sentence is from 5 to 10 years. The most severe penalty, for a “particularly large amount” (over UAH 671,000) or bribery involving top officials, carries a sentence of 8 to 12 years in prison, with the possibility of property confiscation.

Citizens who give a bribe to influence an official’s decision

• Abuse of influence (Article 369-2 of the Criminal Code of Ukraine).

The legislation eliminates possible tactics used to evade responsibility for bribing officials, as well as officials and employees of other organizations and enterprises. For offering a “cash gift” to influence an official, the penalty can include a fine of up to UAH 6,800, restriction of liberty for up to 5 years, or imprisonment for up to 2 years.

Such “influential” individuals can also face a fine of up to UAH 8,500 or imprisonment for up to 5 years. In some cases, they may embody the malicious intent of corrupt officials themselves, and for extorting bribes from citizens, they can be sentenced to up to 8 years in prison.

Officials abusing their position for personal gain or the benefit of others

• Abuse of power or official position (Article 364 of the Criminal Code of Ukraine).

The law prohibits using one’s power or work-related opportunities for personal or third-party gain, including for legal entities. The Criminal Code stipulates penalties such as arrest for up to 6 months, restriction of liberty, or imprisonment for up to 3 years. Additionally, a court may impose a ban on holding specific positions for up to 3 years and a fine of up to UAH 12,750.

 

Abuse of power can violate the rights and interests of others, often resulting in significant material damage — particularly to the state and private businesses. If the court determines losses exceeding UAH 335,500, the convicted person may face imprisonment for up to 6 years instead of 3. The fine can also increase, reaching up to UAH 17,000.

The scale of losses or damages is calculated using a non-taxable minimum income based on the social tax benefit, which in 2023 is UAH 1,342.

●     Abuse of power by an official of a private legal entity (Article 364-1 of the Criminal Code of Ukraine).

The law specifically addresses employees in private enterprises who abuse their powers. This is punishable by a fine of up to UAH 6,800, arrest for up to 3 months, restriction of liberty for up to 2 years, and a ban on holding positions for up to 2 years.

The court will treat the same crime with larger losses differently — the maximum fine will increase to UAH 15,300, arrest for up to 6 months, and in extreme cases, a person may face imprisonment for 3 to 6 years instead of being held in pre-trial detention. Additionally, they may be banned from holding a position for up to 3 years.

Persons providing public services abusing their powers

• Article 365-2 of the Criminal Code of Ukraine

Auditors, notaries, appraisers, arbitrators, state registrars, and other professionals who are not civil servants or local government officials are subject to this article. For bribery, they can face a fine of up to UAH 6,800, restriction of liberty or imprisonment for up to 3 years, and an additional ban on holding office for up to 10 years.

There are often rumors in society about unscrupulous state registrars who, in collusion, deceive the elderly or people with disabilities. The law responds to such cases more harshly and can impose a penalty of restriction of liberty or imprisonment for up to 5 years, along with a ban on holding office for up to 3 years. For the same crime with serious consequences (remember that we are talking about significant material losses) the penalty increases, with a prison term ranging from 7 to 10 years.

Officials deliberately lying in their declaration

• Article 366-2 of the Criminal Code of Ukraine

In an official’s declaration, all information must match the actual property status. However, if the data provided differs from the real property status by an amount ranging from UAH 1,342 to UAH 5,368 million, the official violates the Law of Ukraine On Corruption Prevention. In such cases, the official may face a fine of UAH 51,000 to 68,000, community service for up to 240 hours, or restriction of liberty for up to 2 years.

If the discrepancy between the declared and actual property status exceeds UAH 5.368 million, the fine increases to UAH 85,000, and the official may face imprisonment.

You cannot hide your income from the state, as there is a specific article in the Criminal Code of Ukraine (366-3) for failure to submit a declaration. During wartime, e-declaration became voluntary, but after martial law ends, officials who neglect this duty may face a fine of up to UAH 51,000, community service for up to 240 hours, restriction of liberty for up to 2 years, or imprisonment for up to 1 year.

Civil servants acquiring assets that significantly exceed their legal income

• Article 368-5 of the Criminal Code of Ukraine.

This article restricts officials (performing the functions of the state or local self-government) from acquiring assets that are significantly more expensive than the income they could have legally received. In 2023, “significantly” refers to an amount exceeding UAH 8.723 million. The penalty for such actions is imprisonment for a term ranging from 5 to 10 years.

Officials stealing someone else’s property by abusing their position

• Article 191 of the Criminal Code of Ukraine.

If an official has appropriated or spent someone else’s property through various abuses and manipulations, they can face up to 5 years in a correctional center or prison (under martial law, up to 8 years). For repeated offenses or crimes committed in collusion, the penalty is restriction of liberty for up to 5 years or imprisonment for up to 8 years.

For cases when property is taken over by an organized criminal group, from 7 to 12 years in prison and confiscation of property are provided. Additionally, in all cases, a ban on holding positions for up to 3 years may be established.

Officials who “squandered” budget funds

• Article 191 of the Criminal Code of Ukraine

In other words, this article holds officials accountable for the misuse of budget funds. A court considers the crime based on the amount misused by an official. If the amount is up to UAH 4 million (in 2023), the penalty may include a fine of up to UAH 6,800, correctional labor for up to 2 years, or restriction of liberty for up to 3 years.

 If the amount exceeds this limit, or if the crime was committed repeatedly or by a group, the court may impose restriction of liberty for up to 5 years or imprisonment for up to 6 years. Additionally, in all cases, a ban on holding positions for up to 3 years may be established.

Weapon-related crimes

● Article 262 of the Criminal Code of Ukraine

In Ukraine, weapons can only be obtained with a special permit, let alone ammunition, explosives, or radioactive materials. Therefore, an official who abuses their position to facilitate the misappropriation or theft of these dangerous items can face up to 10 years in prison. If the crime involves a group, robbery, or concerns firearms (except hunting rifles), the penalty can be imprisonment for up to 15 years, along with possible confiscation of property.

It is important to note that the law establishes separate liability for military personnel under Article 410 of the Criminal Code of Ukraine.

Drug-related crimes

Articles 308, 312, 313, and 320 of the Criminal Code of Ukraine.

The state strictly controls the turnover of narcotic substances. Some officials have more access to the drug accounting process than others, and they may potentially abuse their official position. For such actions, the penalty includes a fine of up to UAH 2,040, arrest for up to 6 months, or imprisonment for up to 5 years.

If an official steals or embezzles drugs, psychotropic substances, or equipment for their manufacture, the punishment can be up to 6 years in prison. With aggravating circumstances, the penalty may increase to up to 12 years in prison along with confiscation of property.

Officials stealing documentation or seals, abusing their official position

• Article 357 of the Criminal Code of Ukraine.

For theft or misappropriation of documents, stamps, or seals, the law provides for a fine of up to UAH 850 or restriction of liberty for up to 3 years for officials. In particularly serious cases, such as when the institution fails because of this or the stolen documents were extremely important, the penalty may include a fine of up to UAH 1,190, restriction of liberty, or imprisonment for up to 3 years.

In what cases can a court exempt an individual from criminal liability?

A person who has committed bribery or offered a bribe can be exempt from liability by voluntarily reporting it to the NABU or the National Police before the crime is discovered by other means. In this case, it is crucial to cooperate with the investigation to ensure that the official who accepted the bribe is held accountable.

This exemption does not apply if a person has offered a bribe to a foreign official (such as diplomats or civil servants), a judge, an official of an international organization, or a member of an international parliamentary assembly in which Ukraine is a member.

Even at the stage of case consideration, the court cannot impose a more lenient penalty than what is prescribed in the code for corruption crimes. Similarly, individuals officially found guilty cannot be exempt from serving their sentences, nor can they benefit from full amnesty once convicted. These restrictions apply to specific articles directly related to corruption as well as those indirectly associated with it.

There are no leniencies for those who have committed a corruption offense for the first time or a minor crime. In other words, the court cannot release such individuals from criminal liability due to active repentance, reconciliation with the victim, transfer to bail, change of circumstances, or similar factors. Even exemplary behavior will not allow the court to fully release a person from punishment or grant a “suspended sentence.”

However, there is a concerning trend: local courts sometimes reduce sentences or even release individuals convicted of corruption ahead of schedule, claiming they have “taken the path of correction” or “proven their correction.” These terms are subjective and difficult to substantiate, creating opportunities for manipulation and corruption.

Once a person is under investigation for corruption, their chances of being released from responsibility are minimal. Although, according to statistics, most offenders are held administratively rather than criminally responsible (resulting in lesser sanctions), having a criminal record still carries unpleasant consequences.

As the anti-corruption efforts continue in Ukraine, corruption will be less tolerated and perceived, both at the state level and in society. We encourage everyone to actively fight corruption and remain vigilant to avoid committing any corruption-related offenses!