The head of the National Agency for the Prevention of Corruption (NAZK) Oleksandr Novikov drew up a report on the Prime Minister of Ukraine Denys Shmyhal.
According to the essence of the case, Shmyhal, according to predictions, is guilty of ordering an investigation into the fact of corruption of one of the officials, about whom the whistleblower complained. He, in turn, punished his subordinates, who also filed complaints against him. This action is considered a violation, because due to a conflict of interest, the official cannot be interested in the investigation of his own affairs.
The Prime Minister faces a fine and a ban on public office for a year.
The representative of Denys Shmygal, Olga Kuryshko, rejected the information provided by the NACP and called Novikov's statement a manipulation.
The document was also criticized by the Minister of Justice, Denys Malyusko, who considers it "public relations and pathos" and expresses doubts about its legal quality and validity.
There are no analogues of corruption protocols against the acting prime minister since the creation of the NAKC.
Shmyhal is accused in the agency of illegally disseminating information about a corruption whistleblower, which he received in connection with the performance of his official duties.
Representatives of the national agency emphasized that after receiving a message from the whistleblower, who was an employee of the Commission for the Regulation of Gambling and Lotteries (KRAIL), Shmyhal tasked the officials with processing this information and submitting a report to the government on the results.
These officials, including the head of KRAIL, Ivan Rudy, who was also tasked with reviewing the reports, became the object of a protest in which Shmyhal was allegedly informed of his illegal actions.
However, after learning about it, the official decided to initiate disciplinary proceedings against the whistleblower. Unfortunately, according to current legislation, such influence on the whistleblower is unacceptable and incompatible with legal norms.
In connection with this, the NAKC also drew up a report on the head of KRAIL Rudo on January 5, who also became the object of the investigation. The NAZC noted that "the Prime Minister of Ukraine committed an administrative offense provided for in Part 2 of Art. 1728 of the Code of Criminal Procedure, because he illegally disclosed information about a corruption whistleblower, which became known to him in connection with the performance of official duties."
The National Agency for the Prevention of Corruption (NACP) sent a request to the Prime Minister to review the protocol dated January 10, 2024. However, Denys Shmyhal did not appear on the specified date and did not report the reasons for his absence.
If the court finds Denys Shmygal guilty of an administrative offense, he faces a fine and deprivation of the right to hold certain positions for one year. This may serve as a basis for entering information about him into the Unified State Register of persons who have committed corruption or corruption-related offenses, the NAZK warns.
At the moment, it is difficult to predict whether this could lead to the forced resignation of Shmyhal.
Olha Kuryshko, spokeswoman for the Prime Minister, noted that the head of the government did not disclose any information about the whistleblower. According to Kuryshko's statement, in September, the government portal received an appeal from citizen-employees of the Commission for the Regulation of Gambling and Lotteries (KRAIL) regarding the unsatisfactory work of their manager. It is noted that this appeal did not contain information about corruption offenses, but rather expressed disagreement with the manager's actions.
Kuryshko adds that according to the legislation, the appeal was considered as a simple "appeal of citizens", and the Prime Minister's resolution was prepared in the form determined by the Secretariat of the Cabinet of Ministers. It is noted that this information was given to the applicants.
Olha Kuryshko emphasized that the statements of the head of the NAKC regarding the disclosure of information about the whistleblower in this context are a manipulation aimed at discrediting, especially in connection with the end of Oleksandr Novikov's mandate.
Minister of Justice Denys Malyuska also expressed sharp criticism of the NAC protocol. He pointed out that the letter regarding the head of KRAIL, Ivan Rudy, was not informed of corruption offenses, but the complaints concerned violations of ethical norms. Malyuska claims that the lack of notification of corruption does not entitle the whistleblower to protection.
The minister also criticized Ukrainian anti-corruption legislation, comparing it to EU directives, which set out clear rules and confidentiality for whistleblowers.
