On June 9, 2017, a law was adopted that will come into force on January 1, 2018, establishing a Reporting System. In cases of corruption-related information, it will be possible to report it even anonymously through the entry of data into the Unified Electronic Platform for Reporting, and the competent authority will not have the right to take measures to disclose the personal data of the whistleblower who submitted the anonymous report.
The Unified Electronic Platform for Reporting will be established by July 1, 2018.
The report is made by the whistleblower to state and local self-government bodies, state institutions and organizations, as well as public significance organizations regarding cases of a corrupt nature (violations committed using office), or conflicts of interest, or violations of ethical rules or incompatibility requirements, or other restrictions or declarations related violations, or other harm to public interests or threats to them, in writing or orally to the competent person or body provided for by this law.
A whistleblower is considered a physical or legal person who, in good faith, reports information about a case of a corrupt nature or a conflict of interest or violations of ethical rules or incompatibility requirements or other restrictions or declaration-related violations or other harm to public interests or threats to them, related to the official or body with which they are or have been in employment or civil-law or administrative-law relations, or to whom they have applied for the purpose of providing services, or who has been mistakenly perceived as a whistleblower. A person is considered a mistakenly perceived whistleblower if they have been perceived as a whistleblower by others without reporting, or against whom harmful actions have been taken.
The competent authority includes the state and local self-government bodies of the Republic of Armenia, state institutions and organizations, public significance organizations, which are obliged to process the report with the guarantees established by law.
External reporting begins with the whistleblower submitting a report to the competent authority. If the report concerns an employee of the competent authority, the report is made to the head of the competent authority. If the report concerns the head of the competent authority, it is submitted to the head of the superior body of the competent authority. In the absence of the superior body of the competent authority, the report is submitted to the ethics commission of the public servant of the relevant body (if available), and in the case of high-ranking officials, to the authorized body in the field of corruption prevention.
The competent authority ensures the immediate registration of the report, but no later than one working day.
Within three working days from the registration of the report, it initiates proceedings if there are grounds within its jurisdiction.
It ensures the confidentiality of the proceedings.
Within its jurisdiction, it takes measures to verify the authenticity of the report.
When verifying the authenticity of the report within its jurisdiction, if signs of a crime are discovered, it immediately informs the Prosecutor's Office of the Republic of Armenia.
Within its jurisdiction, it takes measures to protect whistleblowers from harmful actions, as well as to eliminate harmful actions and their consequences.
It ensures that the personal data of the whistleblower is not disclosed unless otherwise provided by law.
At the request of the whistleblower, it provides information about the progress of the proceedings and the measures taken.
It allows the whistleblower to submit clarifications, documents, and applications:
If the report has been submitted to an unauthorized body, the body that received the report must redirect it to the competent authority within three days, notifying the whistleblower:
External reporting is not considered the discussion and resolution of reports of crimes by criminal prosecution bodies according to the procedures established by the Criminal Procedure Code of the Republic of Armenia:
If the whistleblower has not consented to the disclosure of their personal data, then the body that received the report submitted by the whistleblower and is not authorized to initiate proceedings must obtain the whistleblower's preliminary consent before sending the report according to jurisdiction, unless otherwise provided by law. In the absence of the whistleblower's consent, the report is sent according to jurisdiction without disclosing the whistleblower's personal data.
The maximum period for proceedings initiated based on external reporting is 30 days. As a result of the initiated proceedings, a relevant act is adopted, and the whistleblower is notified within three days from the moment of the act's adoption.
If during the proceedings it is found that the whistleblower acted in bad faith when submitting the report in accordance with the procedures established by this law, the competent authority terminates the provision of protection to the whistleblower, notifying the whistleblower within three days from the moment of the decision.
If the whistleblower's bad faith action contains signs of a crime, the competent authority is obliged to immediately inform the Prosecutor's Office of the Republic of Armenia.
Through the Unified Electronic Platform for Reporting (hereinafter referred to as the Unified Electronic Platform), the whistleblower can report information about a crime anonymously:
Through the Unified Electronic Platform, the Republic of Armenia, represented by the authorized body of the Government of the Republic of Armenia, guarantees the protection of the whistleblower by ensuring their anonymity:
The anonymity of the whistleblower through the Unified Electronic Platform is guaranteed by encrypting their internet communication address (Internet Protocol Address):
The Unified Electronic Platform provides access to the Prosecutor's Office of the Republic of Armenia:
The Unified Electronic Platform must be equipped with the capability to collect necessary information and facts related to anonymous reporting through feedback:
The Unified Electronic Platform is managed by the authorized body of the Government of the Republic of Armenia:
The technical description and management procedure of the Unified Electronic Platform is approved by the Government of the Republic of Armenia.
The whistleblower submits the anonymous report by entering the Unified Electronic Platform:
The Prosecutor's Office of the Republic of Armenia ensures the registration, discussion, and, within its jurisdiction, the taking of measures and, if necessary, the adoption of a relevant act for each report entered into the Unified Electronic Platform:
A report containing signs of a crime and submitted through the Unified Electronic Platform is subject to verification according to the procedures established by the Law of the Republic of Armenia on "Operational-Intelligence Activities" if the information presented in the report is sufficiently substantiated, relates to a specific official or body, and contains data that can reasonably be verified:
For the purpose of verifying the report, the Prosecutor's Office of the Republic of Armenia redirects it to the body conducting operational-intelligence activities:
The provisions of the article apply to anonymous reports to the extent that they are applicable in their essence (mutatis mutandis).
Amendment to the Law on the Reporting System of the Republic of Armenia