Draft bill #12088 of October 2, 2024 

Status: sent for review to the Law Enforcement Committee of the Verkhovna Rada 

Cosponsors: 11 MPs from the Servant of the People faction with MP Daria Volodina as the first signatory 

Who is affected: individuals affected by domestic violence and stalking (including cyberstalking), law enforcement agencies, human rights organizations, and courts 

Summary: 

  • the bill introduces a legal concept of “criminal stalking.” A new term is officially introduced to describe intrusive actions against a person that may violate their personal space and cause fear or discomfort 
  • stalking is defined as a form of psychological domestic violence: repeated attempts of intrusive communication, surveillance, or being near the victim’s residence without permission will be considered illegal 
  • cyberstalking is defined as a type of criminal stalking. Cyberstalking includes monitoring a person via the internet or devices without their consent. It includes password theft, account hacking, spyware, theft of devices, or location tracking. Such actions will officially be considered a crime. 

What is right: the introduction of legal definitions of stalking and cyberstalking is a necessary measure for protecting human rights and creating a safe environment for all citizens of Ukraine. 

What is wrong: there are currently no specific penalties in criminal law for the new forms of stalking. As a result, individuals suffering from stalking will not be adequately protected. 

Alternative solution: to introduce criminal liability for criminal stalking. 

How to help the legislator: proposals concerning the draft bill can be sent to the Law Enforcement Committee of the Verkhovna Rada. 

Why this is important: currently, there is no definition of stalking in Ukrainian criminal law. As a result, law enforcement officials, judges, and ordinary citizens have no clear understanding regarding what behavior may be considered stalking and how to qualify such crimes. 

Background information: in December 2017, the Verkhovna Rada passed a law defining the basic principles for combating domestic violence and ensuring protection for its victims. 

Additionally, as a part of its EU accession plan, Ukraine is implementing effective mechanisms to prevent and combat domestic violence and gender inequality. A prominent example is the ratification of the Istanbul Convention in 2022. 

Additional information: 

  • article by Ruslan Minich: When you are stalked for 20 years while the police are powerless: What to do about stalking in Ukraine 
  • article by Ruslan Minich: Why Ukraine needs the Istanbul Convention and what it will change