Laws

UKRAINE

Limited information only available for these topics

Access to Children
Adoption of Children
Age of Consent
Anti-Vilification
Artifical Insemination
Assisted Reproduction
Asylum / Refugees
Censorship, Free Speech
  Civil Unions
Custody of Children
Discrimination
Fostering Children
Gender Identity
Harassment
Hate Crimes
  HIV/Aids
Homosexuality
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In Vitro Fertilisation (IVF)
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Transgender, Transsexual
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Age of Consent Legislation/Cases/References
1.

National

As at 01 September 2001, there was evidence to suggest that consensual sex between same-sex couples is lawful at age sixteen (16) [L1.1] however, the legal age of majority is apparently eighteen (18) years. It has also been stated that the legal age of consent for sexual activity is to be established by decision of a medical examinator [R1.1].


Criminal Code of the Ukraine. Chapter IV. Crimes against sexual freedom and sexual inviolability of a person [L1.1]

Article 155. Sexual intercourse with a sexually immature person

1. Sexual intercourse with a sexually immature person [undefined: quaere under sixteen (16) years of age], shall be punishable by restraint of liberty for a term up to three years or imprisonment for the same term.

Article 156. Debauchery of minors

1. Debauched actions committed in regard of a person under 16 years of age, shall be punishable by arrest for a term up to six months, or restraint of liberty for a term up to three years.

R1.2 WIPO: Criminal Code of the Republic of the Ukraine (Accessed 09 FEB 14)
R1.1 Interpol: Sexual offences against children Spring 06 (broken link - accessed 01 JUN 09)
Censorship, Freedom of Expression, Free Speech, Right of Assembly Legislation/Cases/References
1.

National

On 28 January 2015, it was reported that the Parliament had withdrawn the Russian-style 'gay propaganda' bill first proposed in 2012 [R1.7].

On 25 May 2013, despite a ban (see below: Courts & Tribunals [R2.2]), Kyiv had its first gay pride when approximately 50 people marched [R1.6].

On 02 October 2012, a draft law that would criminalize pro-LGBT speech in the country and include heavy fines and a potential prison sentence of up to five years for spreading propaganda of homosexuality, which is defined as positive public depiction of gays, was passed by 289 or 350 lawmakers [R1.5].

On 06 July 2012, lawmakers in the Ukraine pulled a scheduled vote on a controversial bill that would prohibit people from speaking favorably about homosexuality. The Bill could be considered again during a short period of time in September [R1.4].

On 16 May 2012, the Committee on Freedom of Expression and Information of the Ukrainian Parliament recommended to the Parliament of Ukraine to adopt a bill (law initiative # 8711), that would effectively limit the freedom of speech of mass media and criminalise LGBT human rights work in Ukraine [L1.3], [R1.2].

On 16 October 2011, the Human Rights Watch urged the Ukrainian parliament to reject a private members bill that would unlawfully censor information about homosexuality [R1.1].

2.

Courts & Tribunals

On 13 August 2015, an Odesa local court reportedly banned a planned gay-pride festival planned for 13-16 August, arguing it could lead to violence [R2.2].

On 23 May 2013, the Kyiv Administrative Court banned all events planned for 25 May that includes Kyiv Pride and all counter-demonstrations [R2.1].

R1.7 GayStarNews: Ukraine throws out 'gay propaganda' bill 28 JAN 15
R1.6 GayStarNews: Despite ban Kyiv has a gay pride parade 25 MAY 12
R1.5 The Advocate: Ukraine Parliament OK's Bill Criminalizing Gay 'Propaganda' 02 OCT 12
R1.4 The Advocate: Ukrainian Lawmakers Pull Antigay Bill After International Outcry 06 JUL 12
L1.3 Ukranian Legislature: Draft Law on Amendments to Certain Legislative Acts (concerning children's rights to secure information space) No. 8711, 20 JUN 11 (in Ukrainian)
R1.2 ILGA-Europe: Ukrainian Parliament discusses law amendments banning the promotion of homosexuality 20 MAY 12
R1.1 HRW: Reject Homophobic Law 16 OCT 11
R2.2 RadioFreeEuropeRadioLiberty: Gay Activists In Odesa Cancel Gay-Pride Festival After Court Ruling 16 AUG 15
R2.1 ILGA-Europe: Kyiv Pride banned again 23 MAY 13

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Discrimination Legislation/Cases/References
1.

National

On 12 November 2015, it was reported that Ukraine's parliament had eventually passed (234 MPs in favour out of the 450-seat parliament) a law banning discrimination in the workplace, including that based on sexual orientation [R1.6].

On 10 November 2015, it was reported that in a 207 vote out of the 450-seat parliament, the parliament failed to pass a law banning discrimination in the workplace, including that based on sexual orientation [R1.5].

On 05 November 2015, only 117 out of 450 members of the Verkhovna Rada voted to amend the country's labour code to ban workplace discrimination on grounds of sexual preference. The Rada is to hold a second vote on an as-yet unspecified date [R1.4].

On 12 August 2015 (quaere), the Equal Rights Trust released their report "In the crosscurrents: Addressing Discrimination and Inequality in Ukraine" [D1.3], [R1.2].

On 14 May 2013, a bill to protect gay Ukrainian workers from discrimination based on their sexual orientation was reportedly postponed indefinitely by the parliament, as hundreds of anti-gay protesters gathered to demonstrate against it [R1.1].

R1.6 BBCnews: Ukraine passes anti-discrimination law 12 NOV 15
R1.5 enca: Ukraine dismisses anti-gay discrimination bill but passes visa-free travel 11 NOV 15
R1.4 euObserver: Gay rights vote undermines EU-Ukraine visa deal 07 NOV 15
D1.3 In the Crosscurrents: Addressing Discrimination and Inequality in Ukraine PDF 5.18MB 12 AUG 15
R1.2 Equal Rights Trust: Equal Rights Trust Launches First Comprehensive Report on Inequality in Ukraine 12 AUG 15
R1.1 PinkNews: Parliament drops gay anti-discrimination bill as hundreds protest against it 14 MAY 13
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

National

On 09 August 2016, a Court in Ukraine was reported to have obliged the Commission on legal gender recognition to allow two trans persons to see their passports and all other documents changed without undergoing full sterilization [R1.3], [R1.2].

The Ministry of Justice of Ukraine gave instructions to all registry offices in Ukraine to authorise the change of names of transsexuals only after reassignment surgery was completed. Surgery will only be completed after at least one year of full psychological and social adaptation in the desired gender. Once gender reassignment surgery has occurred an individual may change all of his/her documents which state sex and name to a new gender and set of names / patronymic / surnames [R1.1].

R1.3 Update.com (in Russian): Sterilization in exchange for a passport: transgender proved the illegality of the procedure in the court of Ukraine 09 AUG 16
R1.2 ILGA: LGBulleTIn #59 - Three weeks in LGBTI news (August 5-25, 2016) 23 AUG 16
R1.1 Ministry of Justice UK: Table of gender recognition schemes in countries and territories that have been approved by the Secretary of State PDF 143kb, at page 21 (Accessed 26 FEB 13)
HIV / Aids Legislation/Cases/References
1.

National

Article 130. Infection with HIV or any other incurable contagious disease

1. Willful placing of a person in danger of being infected with HIV or any other incurable contagious disease dangerous to human life, - shall be punishable by arrest for a term up to three months, or by restraint of liberty for a term up to five years, or imprisonment for a term up to three years.

2. Infection of another person with HIV or any other incurable contagious disease by a person who was aware of himself or herself being a circulator of this virus, - shall be punishable by imprisonment for a term of two to five years.

3. Any such acts as provided for by paragraph 2 of this Article, if committed in respect of two or more persons or a minor, - shall be punishable by imprisonment of three to eight years.

4. Willful infection of another person with HIV or any other incurable contagious disease dangerous to the person's life, - shall be punishable by imprisonment for a term of five to ten years [R1.1].

R1.1 LegislationOnLine: Criminal Code of the Republic of Ukraine (English version) (accessed 01 JUN 09)
Homosexuality, Sodomy Legislation/Cases/References
See also: [AGE OF CONSENT]
1.

National

On 12 December 1991, consensual sex between same-sex couples became lawful [R1.5].


Article 155. Sexual intercourse with a sexually immature person

1. Sexual intercourse with a sexually immature person, - shall be punishable by restraint of liberty for a term up to three years or imprisonment for the same term.

2. The same actions committed by a parent or surrogate parent, or where they caused sterility or other grave consequences, - shall be punishable by imprisonment for a term of three to five years.

Article 156. Debauchery of minors

1. Debauched actions committed in regard of a person under 16 years of age, - shall be punishable by arrest for a term up to six months, or restraint of liberty for a term up to three years.

2. The same actions committed in regard of a young child, or by a parent or surrogate parent, - shall be punishable by restraint of liberty for a term up to five years, or imprisonment for a term up to three years [R1.4].


On 05 October 2014, it was reported that the so-called “parliament” of the self-proclaimed “People's Republic of Luhansk” adopted a “Law on the Protection of the Christian traditions of the people of Lugansk region from the harmful effects of hostile states customs, such as the European Union, Canada and the United States” which provides for “criminal responsibility” for homosexuality in the form of deprivation sentence of up to five years [R1.3].

On June 22, 2011 a proposal for a bill on banning "propaganda of homosexualism" was submitted to the Verkhovna Rada. The draft bill is called "On introduction of Changes to Certain Legislative Acts of Ukraine (regarding protection of children's rights in the safe information sphere)" [R1.2], [R1.1].

R1.5 ILGA: State-Sponsored Homophobia PDF 380.51kb, MAY 11
Capital Q: Repeal of Gay Sex Laws 05 NOV 97
Melbourne Star Observer: Belarus Legalised Gay Sex in 1991 23 AUG 96
R1.4 LegislationOnLine: Criminal Code of the Republic of Ukraine (English version) (accessed 01 JUN 09)
R1.3 112.UA: Homosexuality in the "LC" will be punished with imprisonment up to 5 years (In Russian - Google translation) 05 OCT 14
R1.2 Human Rights Watch: Letter to Chairman of Parliament Volodymyr Lytvyn Regarding Proposal for a Bill on Banning "Propaganda of Homosexualism 17 OCT 11
R1.1 ILGA Europe: Ukraine introducing new homophobic law 26 JUL 11
Marriage Legislation/Cases/References
1.

National

The Constitution specifically defines marriage as a voluntary union between a man and a woman [L1.1].


Constitution of Ukraine. Title II. Human and Citizen Rights, Freedoms and Duties

Article 51. Marriage shall be based on free consent between a woman and a man. Each of the spouses shall have equal rights and duties in the marriage and family.

L1.1 Constitution of Ukraine. Title II. Human and Citizen Rights, Freedoms and Duties (Accessed 09 FEB 14)

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