Parliament proposes fines for gender-based violence and sexual harassment

The Verkhovna Rada (the Ukrainian Parliament) approved in the first reading the draft law No. 8329, which amends the Code of Administrative Offenses against the background of the ratification of the Istanbul Convention.

For gender-based violence, it is proposed to impose a fine of 26 840 to 53 860 hryvnias, or assign community service from 20 to 40 hours, or correctional work for a month with deduction of 20% of earnings, or administrative arrest for up to 10 days.

The Verkhovna Rada also proposes to provide for administrative liability for sexual harassment that did not cause bodily harm and is not related to penetration into another personʼs body. For this, they offer a fine from 26 840 to 67 100 hryvnias or community service for a period of 20 to 30 hours. If the sexual harassment was against a person with whom there is an official or labor relationship, a fine of 67 100 to 93 940 hryvnias or community service for a period of 20 to 30 hours.

People who have committed domestic violence or gender-based violence can be detained for up to three hours to draw up a report. If it is necessary to establish an identity or find out the circumstances — up to 24 hours.

In addition, the deputies propose to introduce administrative liability for failure to report domestic violence against a child. This applies to social workers, who must report it to the police or to the domestic violence prevention and response call center. The responsibility for this is a fine from 26 840 to 40 260 hryvnias (or corrective work for one month and deduction of 20% of salary).

Also, the MPs suggest that the judge, when considering cases of domestic violence or gender-based violence, should find out whether the offender should be sent to undergo a special program, and explain the expediency or impracticality of this. Previously, referring offenders to offender programs was a right, not a judgeʼs duty, so judges did not always use this provision.

• On July 18, 2022, Ukraine officially submitted documents on ratification of the Istanbul Convention (on the prevention of violence against women and domestic violence) and became the 36th state to do so. Ukraine signed the Istanbul Convention back in 2011, but could not ratify it due to protests by churches and conservative politicians against the term "gender" used in it.
• The Convention refers to two types of violence: against women and domestic violence. The first includes any physical, psychological, economic or sexual violence, harassment or harassment, particularly at work. Domestic violence is anything that occurs between partners or members of the same family without the consent of one of them (for example, forced sex, marriage, abortion, circumcision, sterilization). Perpetrators will be held criminally responsible for any type of violence. The punishment will be more severe if the victims are relatives or partners or if a child witnessed the violence.