Person Responsible for Internal and External Whistleblowing at the Market Surveillance Inspection Body of the Republic of Armenia: ORDER

Madona Kerobyan
Chief Specialist of the Risk Assessment and Analysis Department

Email: madona.kerobyan@msib.gov.am

Tel.: (+374 060) 68 02 14

Extension: 214

What Is Whistleblowing?

Whistleblowing is the written or oral communication by a whistleblower, to a competent person or body prescribed by law, of information concerning a corruption-related incident, conflict of interest, violation of rules of ethics, incompatibility requirements or other restrictions, a violation related to asset declarations, or other harm to the public interest or a threat thereof within state bodies.

Who Is Considered a Whistleblower?

A whistleblower is a natural or legal person who, in good faith and in accordance with the procedure prescribed by law, reports information concerning a corruption-related incident, conflict of interest, violation of rules of ethics, incompatibility requirements or other restrictions, a violation related to asset declarations, or other harm to the public interest or a threat thereof, in connection with an official or body with which the person has or has had employment, civil-law or administrative-law relations, or to which the person has applied for the purpose of receiving services, or who has been mistakenly perceived as a whistleblower.

A person is considered a mistakenly perceived whistleblower if, without having made a whistleblowing report, they have been perceived as a whistleblower by other persons, or if harmful actions have been taken against them.

What Are the Purposes of Whistleblowing?

• To identify corruption-related incidents, conflicts of interest, violations of rules of ethics, incompatibility requirements and other restrictions, violations related to asset declarations, and other harm to the public interest;

• To reduce and prevent corruption;

• To contribute to the formation of public intolerance towards corruption.

What Is Internal Whistleblowing?

Internal whistleblowing means submitting a report to one's immediate supervisor or their superior, another person exercising oversight over them, or a person authorized by the head of the competent body.

For example, when an employee submits a report to their superior or a person authorized by a minister concerning a corruption-related incident, conflict of interest, violation of rules of ethics, incompatibility requirements, or other harm to the public interest or a threat thereof occurring within the system of a ministry.

What Is External Whistleblowing?

External whistleblowing means submitting a report to a competent body.

For example, when a citizen submits a report concerning a corruption-related incident, conflict of interest, violation of rules of ethics, or other harm to the public interest or a threat thereof occurring within the system of a ministry.

How Is Internal Whistleblowing Proceeding Conducted?

Internal whistleblowing proceedings are initiated when the whistleblower submits a report to their immediate supervisor or their superior, another person exercising oversight over them, or a person authorized by the head of the competent body.

If the report is received by the whistleblower's immediate supervisor, superior, another person exercising oversight over them, or a person not specified in Part 1 of this Article, that person is obliged to immediately forward the report to the head of the competent body or a person authorized by them.

The head of the competent body or their authorized person:

• ensures that the report is registered immediately, but no later than within one working day;

• where grounds exist within the scope of their authority, ensures the initiation of proceedings within three working days from the date of registration of the report;

• ensures the confidentiality of the proceedings initiated;

• takes measures within the scope of their authority to verify the authenticity of the report;

• if apparent elements of a crime are identified while verifying the authenticity of the report within the scope of their authority, immediately informs the Prosecutor's Office of the Republic of Armenia;

• takes measures within the scope of their authority to protect whistleblowers from harmful actions and to eliminate harmful actions and their consequences;

• ensures the non-disclosure of the whistleblower's personal data, unless otherwise provided by law;

• at the whistleblower's request, provides information on the progress of the proceedings and measures taken;

• enables the whistleblower to submit explanations, documents and applications.

Failure to perform the above-mentioned duties entails liability prescribed by law.

How Is External Whistleblowing Proceeding Conducted?

External whistleblowing proceedings are initiated when the whistleblower submits a report to a competent body. If the report concerns an employee of the competent body, the report is submitted to the head of the competent body. If the report concerns the head of the competent body, it is submitted to the head of the superior body of the competent body. If the competent body has no superior body, the report is submitted to the Ethics Commission of Public Servants of the relevant body, where such a commission exists, and in the case of high-ranking officials, to the authorized body in the field of corruption prevention.

The competent body:

• ensures that the report is registered immediately, but no later than within one working day;

• where grounds exist within the scope of its authority, initiates proceedings within three working days from the date of registration of the report;

• ensures the confidentiality of the proceedings;

• takes measures within the scope of its authority to verify the authenticity of the report;

• if apparent elements of a crime are identified while verifying the authenticity of the report within the scope of its authority, immediately informs the Prosecutor's Office of the Republic of Armenia;

• takes measures within the scope of its authority to protect whistleblowers from harmful actions and to eliminate harmful actions and their consequences;

• ensures the non-disclosure of the whistleblower's personal data, unless otherwise provided by law;

• at the whistleblower's request, provides information on the progress of the proceedings and measures taken;

• enables the whistleblower to submit explanations, documents and applications.

Failure to perform the above-mentioned duties entails liability prescribed by law.

If the whistleblower has not consented to the disclosure of their personal data, the body that has received the report submitted by the whistleblower but is not authorized to initiate proceedings must, before forwarding the report to the competent body according to jurisdiction, obtain the whistleblower's prior consent, unless otherwise provided by law. In the absence of the whistleblower's consent, the report is forwarded according to jurisdiction without disclosing the whistleblower's personal data.

What Is the Maximum Duration of Proceedings Initiated on the Basis of a Whistleblowing Report?

The maximum duration of proceedings initiated on the basis of internal or external whistleblowing is 30 days. As a result of the proceedings, a relevant act is adopted, and the whistleblower is notified thereof within three days from the date of adoption of the act.

What Are the Consequences of Bad-Faith Actions by a Whistleblower?

If, during the proceedings, it is established that the whistleblower acted in bad faith when submitting a report in accordance with the procedure prescribed by law, the head of the competent body or their authorized person terminates the provision of protection to the whistleblower and notifies the whistleblower thereof within three days from the date of the decision.

If the whistleblower's bad-faith action contains elements of a crime, the person who received the report is obliged to immediately inform the Prosecutor's Office of the Republic of Armenia.

What Protection Measures Are Provided to Whistleblowers in Cases of Internal and External Whistleblowing?

In cases of whistleblowing, correspondence and document circulation are carried out through a person designated by the competent body for the purpose of ensuring the non-disclosure of the whistleblower's personal data.

If proceedings are initiated, the fact of whistleblowing and the whistleblower's personal data are not indicated in the act initiating the proceedings or in other documents related to the proceedings.

For the purpose of protecting the whistleblower from harmful actions or their consequences, the competent body, within the scope of its authority:

• ensures the confidentiality of information;

• creates sufficient conditions for the whistleblower to perform their official duties without hindrance;

• ensures that the whistleblower is not artificially overloaded with assignments by establishing oversight over such assignments;

• takes appropriate measures to eliminate unjustified and unlawful interference with the whistleblower's activities;

• where necessary, transfers the whistleblower to another office, where possible;

• takes appropriate measures to restore the whistleblower's employment rights, including reinstating the whistleblower and compensating for damages incurred;

• takes other necessary measures arising from the situation to protect the whistleblower.

What Is the Unified Electronic Whistleblowing Platform?

Through the Unified Electronic Whistleblowing Platform, a whistleblower may anonymously report information about a crime.

Through the Unified Electronic Whistleblowing Platform, the Republic of Armenia, represented by the authorized body of the Government of the Republic of Armenia (the Ministry of Justice of the Republic of Armenia), guarantees the protection of the whistleblower by ensuring their anonymity.

Legislation Regulating the Whistleblowing System

Law of the Republic of Armenia “On the Whistleblowing System”

Decision No. 272-N of the Government of the Republic of Armenia of 15 March 2018 “On Establishing the Model Form for the Registration and Processing of Reports in Cases of Internal and External Whistleblowing, as well as the Procedure for Implementing Protection Measures Provided to Whistleblowers.”