Ukraine has yet to provide legal recognition for same-sex couples, while its hate crime legislation still requires improvement. Meanwhile, some legislative initiatives risk not only failing to close existing gaps but also restricting the rights of LGBTIQ+ people.

These are among the findings of the shadow report Assessment of Ukraine’s Progress in Implementing the European Commission’s Recommendations under the Fundamentals Cluster, prepared by a coalition of civil society organizations coordinated by the Agency for Legislative Initiatives.

Read the shadow report:

• Ukrainian version
• English version

Under Chapter 23, Judiciary and Fundamental Rights, experts assessed developments between September 2025 and August 2026. The section on the protection of fundamental rights and freedoms was prepared by the ZMINA Human Rights Centre.

The report describes the overall pace of reforms as limited: while some areas have seen progress, others have experienced setbacks or prolonged stagnation. Of particular concern are legislative initiatives that could restrict the rights of women, LGBTIQ+ people, and same-sex couples.

Protection Against Hate Crimes Remains on Paper

Ukrainian legislation still lacks adequate provisions for defining and recognizing motives of intolerance, including those based on sexual orientation and gender identity (SOGI).

Related reading: LGBTIQ+ Rights Protection Becomes a National Policy Priority as Zelenskyy Signs Decree

According to monitoring conducted by the LGBT Human Rights Centre Nash Svit (Our World), 60 cases of discrimination and other human rights violations motivated by homophobia or transphobia were documented in Ukraine in 2025. By comparison, 75 such cases were recorded in 2024.

Of these, 23 showed signs of hate crimes, while another 15 were classified as hate incidents. In 27 cases, victims interacted with law enforcement authorities, and in eight of those cases, human rights defenders documented violations of LGBTIQ+ people’s rights by law enforcement agencies themselves.

The report’s authors identify the registration of Draft Law No. 13597 in the Verkhovna Rada on August 4, 2025, as a positive development. The bill proposes amendments to the Criminal Code and the Code of Ukraine on Administrative Offences, including:

• Introducing administrative liability for acts of discrimination;
• Recognizing motives of intolerance, including those related to SOGI, as aggravating circumstances in criminal offences;
• Establishing criminal liability for public incitement to violence motivated by intolerance.

Related reading: The World Marked Coming Out Day: How Openness Changed History

Under Ukraine’s Rule of Law Roadmap, the relevant legislative amendments were supposed to be adopted by the fourth quarter of 2025. However, that deadline was missed.

No Progress on the Legal Recognition of Same-Sex Families

Legal recognition of same-sex partnerships remains one of Ukraine’s key outstanding commitments. Draft Law No. 9103 on registered partnerships and Draft Law No. 12252, aimed at ensuring compliance with European human rights standards, are still awaiting parliamentary consideration.

The judgment of the European Court of Human Rights in Maymulakhin and Markiv v. Ukraine, which found that the lack of legal recognition and protection for same-sex couples constituted discrimination, also remains unimplemented.

The report’s authors highlight an important Supreme Court ruling of February 25, 2026, which upheld Ukraine’s first court decision recognizing the de facto marital relationship of a same-sex couple.

However, this progress is now at risk because of Draft Law No. 15150, the proposed new Civil Code of Ukraine, which the Verkhovna Rada adopted at first reading on April 28, 2026.

The document proposes a comprehensive overhaul of civil and family law but does not provide a mechanism for registering same-sex partnerships.

Moreover, the bill defines de facto family unions exclusively as cohabitation between people of different sexes. According to experts, this provision would effectively prevent courts from recognizing same-sex couples as families in the future. As a result, the legislative reform could eliminate even the limited legal protection achieved through judicial practice.

Another problematic provision concerns transgender people. The bill provides for the automatic invalidation of marriages when one spouse legally changes their gender, regardless of whether the spouses wish to remain married.

The report considers this an interference with the right to respect for private and family life, guaranteed by Article 8 of the European Convention on Human Rights.

Several dozen civil society and human rights organizations have spoken out against these provisions. In addition, 22 embassies called on Ukrainian lawmakers to amend the draft Civil Code, while a petition opposing its adoption collected 25,000 signatures in less than 24 hours.

The bill also sparked mass protests in Kyiv and other Ukrainian cities over concerns that it would restrict the rights of most social groups in Ukraine and introduce significant corruption risks.

Ministry of Justice Has Already Warned of Risks to EU Integration

Ukraine’s Ministry of Justice previously criticized similar provisions in an earlier version of the draft Civil Code, which was subsequently withdrawn.

In particular, the Ministry stated that the fundamental legal framework for same-sex registered partnerships should be incorporated directly into the Code.

Without such provisions, Draft Laws No. 9103 and No. 12252 would effectively lack the necessary legal foundation. This would also make it impossible to fulfil the relevant commitment under the Rule of Law Roadmap and move Ukrainian legislation further away from European Union standards and policies.

Because the current Draft Law No. 15150 reproduces the criticized provisions, the shadow report’s authors consider the Ministry’s earlier objections equally applicable to the new proposal.

What Experts Recommend to Protect LGBTIQ+ Rights

Based on their monitoring findings, the authors of the shadow report put forward specific recommendations for legislative reform.

First, they recommend rejecting Draft Law No. 15150, the proposed new Civil Code of Ukraine, because its provisions risk restricting the rights of same-sex couples and transgender people.

Related reading: Oleksandra Matviichuk: ‘Winning the war but becoming Russia makes no sense’. Why Ukraine won’t join the EU without LGBTQ+ rights

Second, to establish legal recognition of same-sex partnerships, experts recommend adopting Draft Law No. 12252 or its alternative, No. 9103. These initiatives are intended to create a legal framework for registered civil partnerships.

Another key recommendation is to revise and adopt Draft Law No. 13597 to strengthen protection against discrimination and establish appropriate liability for offences motivated by intolerance, including those based on sexual orientation and gender identity.

A separate set of recommendations addresses women’s rights and gender equality. The authors call for completing the implementation of the Istanbul Convention, adopting the necessary legislative amendments, reviewing the reservations made upon its ratification, and increasing women’s representation in government, the Armed Forces, and the media. They also recommend improving labour legislation and ensuring the electoral rights of women who fled abroad because of the war.