Draft bill #8329 of January 02, 2023 

Cosponsors: a group of 16 MPs from Servant of the People and Holos factions with Halyna Mykhailiuk as the first signatory 

Status: adopted in the first reading 

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

Summary: 

  • administrative penalties will be introduced for: 
    • person’s failure to inform the National Police about their temporary whereabouts if the person is subject to a protection order requiring this person to leave the residence shared with the victim. The penalty for this offense will be fine from 170 to 255 UAH 
    • failure to report child domestic violence by an official of the body responsible for prevention and combat against domestic violence to the authorized departments of the National Police or to the prevention and combat against violence hotline. The penalty for this offense will be fine from 340 to 510 UAH or corrective labor for up to one month with a deduction of 20 percent of earnings 
    • the penalty for physical, economic, or psychological gender-based violence will be fine from 340 to 680 UAH, 10 days of administrative detention, or corrective labor for up to one month with a deduction of 20 percent of earnings 
    • sexual harassment — non-consensual verbal, non-verbal, or physical sexual actions, which do not cause bodily harm but are aimed at or result in humiliating the person’s dignity — will be punished by fine from 340 to 850 UAH or from 20 to 30 hours of community service 
  • cases about violent offenses will be considered by local courts. Reports on such cases will be issued by the National Police  
  • it will be allowed to detain persons who committed domestic violence, gender-based violence, or violated a protection order for up to three hours while the protocol is being issued. If it is needed to identify the person or clarify the circumstances of the offense — up to 24 hours 
  • the courts’ rulings on such cases will have to justify the advisability or unseemliness of referring the offender to programs for individuals who committed domestic violence or gender-based violence. 

What is right:  

  • provisions of the Code of Administrative Offenses will be in line with the Istanbul Convention. 

What is wrong:  

  • provisions on penalties for sexual harassment proposed by the bill contradict the provisions of the Criminal Code. The Criminal Code already provisions criminal liability for sexual violence and forced sexual intercourse. If the bill is adopted, it could create a loophole for abusers to avoid punishment 
  • the penalty for a person subject to a protection order who did not notify the police about their temporary whereabouts is not justified: neither the Law on Prevention and Counteraction to Domestic Violence nor bylaws establish specific deadlines when such a notice should be submitted 
  • the penalty for the failure to report child domestic violence by an official of the body responsible for prevention and combat against domestic violence does not meet the principle of legal certainty. It is unclear from the text which body the bill refers to 
  • fines for violent offenses are unjustifiably low. 

Alternative solution: to amend the bill and correct all lawmaking errors. 

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). 

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