Draft bill #10420 of January 22, 2024
Cosponsors: a group of 39 MPs from the fractions Holos, Servant of the People, and European Solidarity and For the Future group with Inna Sovsun as the first signatory
Status: sent for review to the Law Enforcement Committee of the Verkhovna Rada
Who is affected: victims of violence, the National Police, and local courts
Summary:
- in cases against sexual freedom, the defense will have the right to apply to the investigative judge with a petition to conduct an interrogation at a court session during the pre-trial investigation
- a mechanism of visual examination and (or) forensic medical examination at the request of the victim, their representative, or their legal representative will be established. Visual or forensic medical examination will be carried out immediately after the data is submitted to the Unified Register of Pre-trial Investigations regarding crimes against sexual freedom
- it will be allowed to conclude a reconciliation agreement in cases against sexual freedom and other cases (domestic violence, coercion to abortion or sterilization, forced marriage) only at the initiative of the victim, their representative, or their legal representative
- domestic violence, coercion to abortion or sterilization, forced marriage, rape without aggravating circumstances, sexual violence, and forced sexual intercourse will be excluded from the list of crimes, investigations for which are conducted in the form of private prosecution.
What is right:
- Ukrainian law will be aligned with the Istanbul Convention
- the adoption of the bill will facilitate a proper response to violence against women and minors.
Background information: on June 20, 2022, Ukraine ratified the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention).