Head of the Committee on Anti-Corruption Policy Anastasia Radina said that the President of Ukraine had vetoed the bill, which made the following remarks:
- the bill does not define the purpose and objectives of data processing on whistleblowers, does not regulate the amount of data to be entered into the database of whistleblowers, the procedure for protecting such data, the grounds and range of persons who will have access to such data, as well as responsibility for their illegal use;
- the bill operates with evaluative concepts that do not contribute to the protection of whistleblowers, for example, "well-known facts";
- contradicts the Criminal Procedure Code of Ukraine in terms of payment of remuneration to whistleblowers.
The President of Ukraine also proposes to better regulate the establishment and operation of regular whistleblower channels in the list of bodies that should create such regular channels.
The participants of the meeting considered four proposals of the Committee to the draft law №3450, developed on the basis of the remarks of the President of Ukraine:
- make changes to the definition of internal channels of communication about possible facts of corruption or corruption-related offenses, removing the construction of "well-known facts". In defining regular channels for reporting possible corruption or corruption-related offenses, specify that such channels have the right to establish bodies authorized to draw up administrative protocols or investigate corruption offenses;
- to regulate the issues of personal data of whistleblowers. In particular, provide for liability for illegal use of such data in accordance with applicable law;
- replace the construction of "committing a corruption crime" with "possible commission of a corruption crime", waive the requirement for the whistleblower to explain where they knew about the commission of corruption or corruption-related offenses and remove the construction that the whistleblower must report "well-known facts";
- to abandon the norm that the remuneration of the whistleblower is paid after the damage has been recovered to the state revenue, as the Criminal Procedure Code provides for the payment of remuneration after a court verdict.
The Committee supported the proposed changes and decided to recommend to the Verkhovna Rada, based on the results of the reconsideration, to adopt the draft law taking into account the proposals of the President of Ukraine.
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