LEGISLATIVE GUARANTEES FOR CORRUPTION WHISTLEBLOWER`S PROTECTION 

Author (s): Samofalov О.L., Rusevich K.O.

Work place:

Samofalov О. L.,

Ph.D. in Law, Associate Professor of the Department
of Administrative, Civil and Economic Law and Process,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

ORCID: 0000-0001-9157-7435;

 

Rusevich K. О.,

Officer of the 351-st academic group,

Academy of the State Penitentiary Service, Chernihiv, Ukraine

Language: Ukrainian

Criminal Executive System: Yesterday. Today. Tomorrow. 2020. № 1 (7): 83-93

https://doi.org/10.32755/sjcriminal.2020.01.083

Summary

The article is devoted to the coverage of legislative guarantees for the whistleblowers`s protection in order to improve and develop national legislation regarding corruption prevention. Combatting corruption is an urgent issue for Ukraine today, as one of the reasons for the ineffective work of the state apparatus is corruption, the essence of which is that civil servants performancing their duties are endowed with public authority, which in combination with the unscrupulous performance of their official duties, leads to the fact that they have personal interests, which differ in content and direction from the primary tasks of the civil service as a whole. Corruption whistleblowers are a key factor in detecting corruption, and therefore they must be protected by guarantees at the legislative level.

A legislative guarantees research of the whistleblowers` protection proves that such real protection can only be guaranteed by a separate special law that will create an effective mechanism for disseminating socially necessary information and will clearly prescribe legislative guarantees.

The information disclosure of harm or threat to public interests is one of the most effective means of detecting and combating corruption and also serious economic offenses. In order to make the most of the benefits of disclosing information to the harm or threat to the public interest, there must be laws in the country that will provide whistleblowers with legislative guarantees not only for themselves, but also for their relatives.

The main way to improve the legislative guarantees for the whistleblowers` protection is a promising draft act “On the protection of whistleblowers”. The adoption of the Law “On the protection of whistleblowers” will ensure the creation of a new effective system for preventing corruption on the basis of international standards, which will help in reducing the corruption level in the country, and thus – economic development and welfare.

At the same time, it is promising to expand and clarify the regulations of the Criminal Code of Ukraine, which guarantee the protection of whistleblowers.

Key words: corruption, anti-corruption, evidence, corruption whistleblowers, protection of whistleblowers.

References

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