Work with whistleblowers in the State Institution "TMA of the Ministry of Internal Affairs of Ukraine in the Donetsk Region" is organized taking into account the requirements of the Laws of Ukraine "On the Prevention of Corruption" dated 14.10.2014 No. 1700-vii, "On the Protection of Personal Data" dated 01.06.2010 No. 2297-VI, "On citizens' appeals "dated 02.10.1996 No. 393/96-ВР, etc. on the basis of the Instructions for processing whistleblowers' messages that come to the website and the institution's email address.
Reports of whistleblowers about violations of the Anti-Corruption Program of the State Institution "TMA of the Ministry of Internal Affairs of Ukraine in Donetsk Region", the Law of Ukraine "On Prevention of Corruption", which are sent to the website and the e-mail address of the institution under the name "[email protected]" , which provides consistent objections, the completion of which is carried out to provide the relevant information.
The whistleblowers' message is automatically sent to the email address under the name “[email protected]”, which is specified in the Anti-Corruption Program of the State Institution “TMA of the Ministry of Internal Affairs of Ukraine in Donetsk Region”.
The Report of the Whistleblowers sets out in free form all known facts of a corruption violation, you can include evidence if they are facts indicating the existence of a corruption offense, documents confirming the spending of funds, links to journalistic investigations in the press, audio or video recordings, and your own investigations too. Requests or requirements should also be noted.
The message should contain:
- Full Name,
- place of residence,
- contact details, e-mail address to which a response can be sent, or information about other means of communication with the applicant. The use of an electronic digital signature in electronic circulation is not required. An electronic appeal sent without the use of an electronic signature must be a scanned copy or photocopy of the appeal with the applicant's signature and date.
A message drawn up without observing these requirements is returned to the author with appropriate explanations no later than ten days from the date of its receipt, except for the cases provided for in parts one and two of Article 7 of the Law of Ukraine "On Citizens' Appeals".
The whistleblower can be reported without attribution (anonymously).
The whistleblower should first report the following identified corruption or corruption-related offenses:
- receipt by an official of an illegal benefit (bribe, gift, some preferences, etc.) (Article 22 of the Law);
- conflict of interest (section V of the Law);
- violation of restrictions on the joint work of close persons (Article 27 of the Law);
- non-observance of the restriction regarding combination of jobs and combination with other types of activity (Articles 25, 26 of the Law);
- violation of the rules of ethical behavior (section 6 of the Law);
- failure to submit or submission of an inaccurate declaration by a person who is obliged to declare his income and expenses (section 7 of the Law);
- the provision of illegal instructions by the management (Article 44 of the Law).
The whistleblower should be attentive to the information that he communicates and remember that he provides information at his own discretion and responsibility.
The whistleblower must be reasonably convinced that the information he is reporting is true. Knowingly false reporting of a crime (including a corruption offense) committed by the accuser is punished in accordance with the current legislation of Ukraine (Article 383 of the Criminal Code of Ukraine).
The reliability of information should be understood as the ability of information to objectively reflect the processes and phenomena occurring in the surrounding world. As a rule, information is considered to be reliable, first of all, it contains error-free and true data. At the same time, in order for a person to be protected as a whistleblower, it is fundamentally important that such a person has a reasonable conviction that the information about which is being reported is reliable. Under this condition, even if the information about the committed corruption offense was not confirmed, but the person was convinced of its reliability, such a person is subject to protection from the existing or possible negative impact on her in connection with such a message.
The criteria for the validity of the conviction of a person in the reliability of information about a corruption offense, it is reported, can be:
- taking measures by a person in order to obtain evidence of a reported corruption offense (for example, sending requests, collecting documents, audio, video, confirming facts and circumstances, etc.);
- priority of the public interest of the person reporting violations over personal insult.
The seizure of the reports of the whistleblowers is entrusted to the clerk of the office of the State Institution "TMO of the Ministry of Internal Affairs of Ukraine in the Donetsk region"
Also, twice a day, we are concerned about the institution's anti-corruption activities with the confiscation of the whistleblowers' messages sent to the mailbox of the State Institution “TMO of the Ministry of Internal Affairs of Ukraine in Donetsk Region”.
The date of submission of the Whistleblower Messages is the date of receipt of the Message to the email address, the date of filling out the form on the website or withdrawing it from the mailbox. If the Message was received at a specific e-mail address or website of the State Institution "TMO of the Ministry of Internal Affairs of Ukraine in Donetsk region" on a non-working day and time, then the date of submission of the electronic Message is the next working day after it.
The registered messages of the whistleblowers in the manner prescribed by the Instruction on office work in the State Institution "TMA of the Ministry of Internal Affairs of Ukraine in the Donetsk region" are transferred for initial consideration to the head of the institution.
After receiving the Message, one of the following decisions must be made (clause 5.2 of the Regulations on the procedure for working with citizens' appeals and organizing their personal reception in the system of the Ministry of Internal Affairs of Ukraine, approved by order of the Ministry of Internal Affairs of Ukraine dated 10.10.2004 No. 1177):
- to accept for its production;
- transfer for decision to the anti-corruption commissioner or other responsible official of the institution;
- to send by appointment to another executive authority, if the issues raised in the appeal do not relate to the competence of the apparatus of the Ministry of Internal Affairs of Ukraine, institutions, enterprises belonging to the sphere of management of the Ministry of Internal Affairs of Ukraine, about which at the same time inform the author;
- leave without consideration if there are grounds defined in Art. 8 of the Law of Ukraine "On Citizens' Appeals" taking into account the requirements of Art. 53 of the Law of Ukraine "On the Prevention of Corruption" (an anonymous report of a violation of the requirements of this Law is subject to consideration if the information provided in it concerns a specific person, contains factual data that can be verified).
If accepted for production, it will be appointed:
service investigators (if there are facts of violation of the requirements of anti-corruption legislation)
-or check.
In accordance with the requirements of Art. 20 of the Law of Ukraine "On Citizens 'Appeals", Whistleblowers' reports are considered and resolved within a period of no more than one month from the date of their receipt, and those that do not require additional study - without delay, but no later than 15 days from the date of their receipt.
If it is impossible to resolve the issue raised in the Report of the Whistleblower within a month, the head of the State Institution “TMA of the Ministry of Internal Affairs of Ukraine for Donetsk Region” sets the necessary time for its consideration, which is reported to the whistleblower. The total period for resolving the issues raised in the whistleblower's message should not exceed 45 days.
In accordance with the requirements of Art. 53 of the Law of Ukraine "On the Prevention of Corruption" the term for checking the anonymous Report of the whistleblower is no more than 15 days from the date of receipt. The specified period may be extended by the head of the State Institution "TMA of the Ministry of Internal Affairs of Ukraine in the Donetsk region" up to 30 days from the date of receipt, if it is impossible to verify the information in the Message within the specified period.
Anti-Corruption Commissioner activities of SI TMA Ministry of Internal Affairs of Ukraine in Donetsk region Gorbatovskaya Tatyana Valentinovna phone: +38 (067) 195-68-97
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