Draft bill #12297 of December 9, 2024 

Cosponsors: a group of MPs from the factions Servant of the People and Holos and the Trust group with Oleksandr Bakumov as the first signatory 

Status: sent for review to the Law Enforcement Committee 

Who is affected: victims of violence, the National Police, and local courts  

Summary: 

  • the bill introduces a new aggravating circumstance: committing a criminal offense using a weapon or threatening to use one 
  • the bill expands the list of cases where a punishment lighter than the one provisioned by law or release on parole cannot be applied. This will cover cases committed by adults, primarily against children, involving sexual crimes and crimes related to child pornography and coercion of children into prostitution 
  • penalty for inflicting serious bodily harm on minors will be strengthened: imprisonment from 7 to 10 years 
  • enticing or forcing a person to mutilate their genitals will be punishable by imprisonment from 1 to 3 years 
  • a new qualification of domestic violence crimes will be introduced: domestic violence committed by a person previously convicted of a crime related to domestic violence or violence against a minor, committed by a minor ʼ
  • a concept of “systematic” concerning domestic violence will be defined: committing domestic violence against a victim three times or more within a short period (one year from the date of the first case) 
  • a new type of criminal offense will be introduced into the Criminal Code: illegal stalking. It is defined as a repeated (twice or more) intentional stalking of a person, which may manifest in threatening behavior, such as illegal surveillance, intrusive attempts to communicate, and other forms of intrusion into a person’s privacy or family life without their consent. It will apply to stalking both in real life and via electronic means (messages, calls, social media) if it makes a person fear for their life, health, or the safety of their loved ones 
  • the bill fills in terminological gaps in article 152 (rape), which today effectively does not allow to ensure proper liability for rape using any part of the body, not just genitals (in the context of penetration) 
  • penalties for the offense defined in article 154 (coercion into sexual intercourse) will be strengthened. Instead of a fine of 850 UAH or probationary supervision for up to 2 years, the possible penalties will range from fines (from 51,000 to 85,000 UAH) and probation to imprisonment for 1 year 
  • it will not be allowed to conclude reconciliation agreements in criminal proceedings related to criminal offenses involving domestic violence or crimes against the sexual freedom and integrity of a person, in which at least one minor or a person deemed incompetent or partially competent by law is recognized as a victim. 

What is right: 

  • the bill corrects technical errors that allow perpetrators to evade responsibility for domestic violence and crimes against sexual freedom and integrity 
  • stalking is defined as a new and separate type of criminal offense with the accompanying penalty for it 
  • some provisions regarding criminal procedure are enhanced to protect victims of domestic violence and crimes against sexual freedom and integrity. 

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 
  • According to the Law explainer: What will change with the Istanbul Convention? 
  • Ok, So What? podcast: MPs forgot what gender is 
  • Ok, So What? podcast, ep.156: Neighbors will report domestic violence