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Kyrgyzstan Proposes Expanding Whistleblower Protection

The Ministry of Internal Affairs of Kyrgyzstan has drafted a new law on the protection of persons who report corruption offenses.

The relevant bill, whose public consultation concluded on August 19, 2026, provides for the adoption of a new law to replace the current Law of the Kyrgyz Republic No. 19 of January 28, 2019, “On the Protection of Persons Who Report Corruption Offenses.”

According to the bill’s authors, the existing framework does not provide effective protection for reporting persons, particularly before criminal proceedings are initiated. Current state protection mechanisms are primarily designed for persons who already have procedural status as participants in criminal proceedings, although the risk of pressure, threats, and other forms of retaliation may be particularly high immediately after a corruption report is made. According to the Ministry of Internal Affairs, state protection measures have been applied to 141 persons since 2014, while only 12 of them were participants in criminal cases involving corruption offenses.

The bill provides protection for persons who report a corruption offense through protected reporting channels and, at the time of reporting, had reasonable grounds to believe that the information provided was accurate. It covers persons who became aware of relevant information in connection with employment, public service, professional, educational, or other activities in state bodies and local self-government bodies, state and municipal institutions and enterprises, as well as legal entities with state or municipal ownership interests. These include, among others, current and former employees, job applicants, persons performing work or providing services under civil-law contracts, students and interns, members of governing bodies, shareholders and participants in legal entities, as well as representatives of contractors, suppliers, and other counterparties.

Protection may also be extended to a reporting person’s legal representative, spouse, close relatives, and other persons whose rights, legitimate interests, life, health, or property are at risk as a result of the corruption report.

A person will acquire reporting-person status upon registration of the report. Information about their identity will become confidential from the same moment. Protection will be provided regardless of whether the reported information is confirmed, whether its verification has been completed, whether responsible persons have been held liable, or whether damage has been caused to the state or other persons. A person may lose reporting-person status only on the basis of a final court decision establishing that the report was knowingly false.

In addition, a person who reports in good faith would be exempt from disciplinary, civil, administrative, and other liability for disclosing restricted information where the disclosure was necessary to detect, prevent, or stop a corruption offense, did not exceed what was necessary for the report, and the person had grounds to believe that the disclosed information indicated a corruption offense. The exemption will not apply to information constituting a state secret, knowingly false reports, or actions containing elements of other intentional crimes.

The bill also prohibits retaliatory measures against reporting persons in connection with a corruption report. Such measures include, among others, dismissal, transfer to a lower-ranking or lower-paid position, refusal to hire or promote, unjustified disciplinary sanctions, reduction in pay, psychological pressure, and creating obstacles to employment. In the event of a dispute, the burden of proving that there is no connection between the report and the adverse consequences will lie with the employer, state body, or organization whose actions are being challenged. Any measures worsening the reporting person’s position and imposed within one year of registration of the report will be presumed to be connected with the report unless proven otherwise.

The safeguards envisaged by the bill include legal and psychological assistance and interim protective measures. Where there is a real threat to a person’s life, health, or safety, special measures may also be applied, including personal protection, protection of their home and property, provision of special personal-protection, communication, and alert devices, and temporary relocation to a safe place.

The bill also provides for the creation of a Corruption Offenses Reporting Portal, a state information system for receiving, registering, recording, routing, monitoring, and storing reports. Upon registration, each report will be assigned a unique identification code enabling the reporting person to track its status, obtain information on the outcome, submit additional materials, and communicate with authorized officials.

The system of incentives for reporting persons would also be revised. Incentives may be granted, in particular, where the information provided contributed to the detection, prevention, investigation, or solving of a corruption offense, the recovery of assets, or compensation for damage caused. Incentives may take the form of monetary rewards, departmental awards, valuable gifts, and other forms. Monetary rewards would be paid from funds received by the state budget as a result of asset recovery, compensation for damage, or enforcement of court decisions in corruption cases. The amount of the reward will be calculated as a percentage of the funds actually recovered, subject to a maximum limit established by the Cabinet of Ministers.

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