Despite the ongoing Russian war, Ukrainian institutions remain focused on anti-corruption efforts. This is especially relevant given the large quantities of international aid and arms arriving into the country, and limitations that the martial law places on democratic processes– such as temporary closures of open data registries that helped prevent potential corruption.

Nearly three-quarters of Ukrainians consider corruption a major problem in the country, second only to the Russian invasion. The areas which are perceived as the most corrupt are the judiciary, procurement agencies and services, and the customs administrations. Even amid the war, Ukrainians’ tolerance toward corruption has been in decline – with majority highlighting the need to address this issue and build more transparent and just institutions.

The fight against corruption has been a key element of Ukraine’s pro-EU path – given the country’s declaration to become a member of the European Union and the fact that it was given an official candidate status in December of 2023. The government’s priority is to showcase to the European partners that they are serious about minimizing corruption in state institutions and beyond – as well as harmonize national laws on anti-corruption so they match the European ones.

One of the key areas is to provide protection for whistleblowers – who dare to publicly report violations and corruption within their own organizations. They have become indispensable in anti-corruption reforms, and there is a push to make whistleblowing more common across the country. As of October 2024, 72 Ukrainians were granted an official status of a whistleblower meaning legal protection by the state.

Anti-corruption lawmaking

“Whistleblowers are these very important people who are not afraid to expose any abuses,” says Oksana Nesterenko, “They speak up against corruption, but not only because they also expose other violations related to human rights or mismanagement.”

“They are guarding our constitutional order, so they deserve the most efficient protection,” she continues.

Oksana Nesterenko is a legal scholar and a public policy analyst.  She is also the Executive Director of the Anti-corruption Research and Education Centre at Kyiv Mohyla Academy, the country’s leading university where she co-founded the first interdisciplinary Master’s Program in anti-corruption.

“Whistleblowers challenge the idea that we have to follow the instructions from above beyond everything,” the expert says, “Instead, they remind the society that constitution is above all. This means that we have to report abuses even when our senior authorities are against this. With whistleblowers putting their careers on the line, it is only logical that Ukraine needs to strengthen mechanisms to protect them and to make the reporting process as safe as possible”.

Nesterenko was one of the key people working on Ukraine’s first legislative initiatives to protect whistleblowers; these appeared back in 2016. During this period, Ukraine actively started reforming its laws in an attempt to integrate better with the EU and democratize many of its institutions. This was a consequence of the change in the government two years prior and a declaration of the pro-EU aspirations.

According to the expert, the first draft of the whistleblowing law was created with the active support of the Blueprint for Free Speech, an international organization based in Australia and Germany that helps develop legal standards for the protection of whistleblowers in different countries. It was also done with the cooperation between other anti-corruption organizations.

“Back then, the project was revolutionary for Ukraine,” Nesterenko emphasized, adding that the draft law provided new guarantees for whistleblowers, including protection from dismissal and legal liability.

However, due to changes in the government and other complications, the draft never materialized into law as it was initially intended – and the whistleblowing aspect remained underdeveloped.

In 2019, anti-corruption initiatives in Ukraine received a new impetus after the changing political landscape. In view of the EU directive that sets standards for the protection of whistleblowers in member states, activists and NGOs in Ukraine have advocated for the adoption of new, more comprehensive legislation that would be in line with European standards.

As Nesterenko noted, “It is important that Ukrainian legislation not only meets minimum standards, but also provides protection for all those who risk their safety for the sake of society.” This initiative contributed to the emergence of draft law No. 4038A, which became an important milestone on the way to a transparent state system based on human rights and the rule of law.

The National Agency for the Prevention of Corruption played a significant role in raising public legal awareness, conducting trainings and educational activities to form a legal culture for whistleblowers and protect them.

According to Nesterenko, at this stage, it was possible to create a basis for the successful implementation of anti-corruption legislation, which included online courses for law students, training for lawyers and judges, as well as the release of guides for government agencies on working with whistleblowers.

In addition, the National Agency for the Prevention of Corruption ensured the creation of the first digital platform for whistleblowers in Ukraine, which became a “coup” in the accessibility of reporting violations. In a year of 2023-2024, the portal received more than 4.1 thousand reports on potential corruption and abuses.

“Every whistleblower, regardless of their position or social status, has the opportunity to submit information through an electronic platform,” Nesterenko emphasizes. Thanks to this initiative, whistleblowers have a new opportunity to exercise their right to freedom of expression without fear for their own safety. The online tool provides whistleblowers with additional assurance that their information will be taken into account and properly considered.

Creating a culture for whistleblowing

The business sector did not stand aside in this process either – also enabling more whistleblowing practices at work. For example, different financial institutions and private companies developed systems that allow employees to report possible corrupt practices anonymously.

Hanna Gorbenko, Director of the Compliance and Financial Monitoring Department of OTP Bank, noted this progress as a positive step for the country. “It is important that as many people as possible know about the possibility of anonymous exposure,” she added.

Horbenko used to head the Department of Analytics and Information Processing at the National Anti-Corruption Bureau of Ukraine and is one of the leading anti-corruption experts in the country. 

“Popularization of whistleblowing through safe communication channels can significantly strengthen anti-corruption work at various levels,” Horbenko says, “And to do that, it is crucial to highlight the steps people need to take report abuses, promote the platforms where they can do it, and know about existing success stories where a whistleblower was able to report a wrongdoing safely, and where the state complied with its obligations in terms of protecting this whistleblower.”

Horbenko uses an example of her former employer – National Anti-Corruption Bureau, which developed an efficient whistleblowing system to tackle any abuses.

“Any person could report on anything even if they were unsure if it constituted a violation or not,” she says, “This is done anonymously, and this can be addressed against any unethical behavior of an individual or group of people within the company.”

“When these whistleblowing channels are communicated properly, and the workers see that they will not get any repercussions for whistleblowing, then the system begins working,” Horbenko adds, “The key is to develop such channels across the country so they are truly anonymous and do not depend on the companies’ authorities or senior management, but remain transparent and efficient regardless of who’s in charge.”

Her colleague Nesterenko agrees.

“This is extremely important for the formation of a culture of protecting the rights of whistleblowers and supporting them,” she says. Thus, in the first years of reforms, the foundation for anti-corruption development was laid, and this foundation is already yielding results.

However, despite the achievements, there are still difficulties in Ukraine related to the full observance of the rights of whistleblowers. Horbenko stressed that certain elements of the system still need to be improved, as whistleblowers sometimes face discrimination in the workplace, harassment, and even difficulties in further employment.

“Public disclosure of negative information, as well as public scandals involving whistleblowers, have a great impact on their safety,” she said. Unfortunately, there are still cases when whistleblowers are harassed, but positive changes in this direction are already noticeable. Ukraine sets an example of how society can change by putting the interests of people and society above the interests of individual officials.

Despite all the challenges, success in the fight against corruption has already been achieved. Among the most well-known cases is the case of Oleh Polishchuk, an employee of the energy sector who was not afraid to speak out against abuses. Polishchuk, who faced unlawful termination after reporting corruption, was renewed in his position at the company after the corruption case was investigated. The successful outcome of his case has become a symbol that the whistleblower support system can work if they themselves are willing to insist on their rights. As Nesterenko notes, “These success stories show that our system works, especially for those who have legal awareness.”

Thus, although Ukrainian society has not yet fully adapted to the concept of whistleblower protection, the anti-corruption culture is gradually taking root.

“We made an important step to protect whistleblowers,” Nesterenko, concludes, “Now, we have the standards, we have a specialized agency that supports whistleblowers, and if further laws are adopted, we will see even more successful cases.”