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Receipt of Reward by a Whistleblower: Algorithm and Impact on Law Enforcement

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 04.06.2024

Receipt of Reward by a Whistleblower: Algorithm and Impact on Law Enforcement

 

Introduction

Whistleblowers who report corruption offenses play an important role in the fight against corruption. To encourage such actions, the legislation of many countries, including Ukraine, provides for the possibility of whistleblower remuneration. In this context, it is important to consider the algorithm of reward and its impact on law enforcement.

 

Algorithm for Receiving Reward by a Whistleblower

 

1. Reporting a Corruption Offense

Initial stage

  • Where to report: A whistleblower must report a corruption offense to the relevant authorities, such as the National Anti-Corruption Bureau of Ukraine (NABU), the National Agency for the Prevention of Corruption (NAPC), or other competent authorities.
  • Form of submission: A report may be submitted in writing, by email or through special online whistleblower platforms.
  •  

2. Investigation and Verification of Information

Assessment of reliability

  • Investigation: The relevant authorities investigate and verify the information provided by the whistleblower. This may include gathering evidence, conducting investigations and other activities.
  • The results of the inspection: If the information is confirmed, criminal proceedings are initiated on the fact of a corruption offense.
  •  

3. 3.

Legal solution

  • Trial: The case is brought to court, where it is heard on the merits. This process may involve witnesses, experts and other participants.
  • Court verdict: Based on the case, the court issues a verdict. If a person is found guilty, this creates the basis for a whistleblower to receive a reward.

 

4. Purpose of the Remuneration

Financial aspects

  • The amount of remuneration: The law stipulates that a whistleblower is entitled to a reward of up to 10% of the amount of damages compensated to the state or a fine imposed, but not more than a certain maximum amount established by law.
  • The procedure for receiving: The whistleblower submits an application for reward payment to the relevant authority, which ensures its payment after confirming that all conditions are met.

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The impact of the Reward on the 

Law enforcement

 

1. Increasing the Motivation of Whistleblowers

Encouragement to act

  • Material incentive: The existence of a reward is a powerful material incentive for whistleblowers to report corruption offenses.
  • Protection of whistleblower rights: Ensuring the protection of whistleblower rights, including the right to reward, increases their trust in the justice system.

 

2. Effectiveness of the Fight against Corruption

Improved results

  • Increase in cases of whistleblowing: Rewards can increase the number of cases of whistleblowing, which can contribute to an overall reduction in corruption.
  • Improving the quality of investigations: The information provided by whistleblowers is often critical to the successful investigation of corruption crimes.

 

3. 3. Impact on the Legal Culture

Formation of new standards

  • Raising legal awareness: Rewarding whistleblowers contributes to the formation of a new legal culture where fighting corruption is considered part of legal life;
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