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The agenda of the new 10th session of the Verkhovna Rada of Ukraine has been approved, and among the issues to be considered are initiatives that are important for the Ukrainian LGBTI community.

Among these initiatives, the following have been prepared for consideration in plenary sessions.

  • Draft Law No. 0931 D on Amendments to Certain Laws of Ukraine on Prevention of Violence and Elimination of Discrimination based on Sexual Orientation and Gender Identity. The draft law aims to protect the rights and freedoms of persons belonging to the LGBT community from physical and psychological violence, insults, neglect, and hate speech. The draft law amendments the Criminal Code, the Code of Administrative Offences of Ukraine, the Law of Ukraine “On the Principles of Prevention and Combating of Discrimination in Ukraine,” and other legal acts.
  • Draft Law No. 5488 U is a draft law on amendments to certain legislative acts of Ukraine combating discrimination and crimes based on intolerance. The draft law aims to ensure equal protection of rights and freedoms of all citizens of Ukraine regardless of their nationality, color of skin, language, religion, political or other convictions, sex, age, sexual orientation, gender identity, place of residence, etc. The draft law provides amendments to the Criminal Code, the Code of Administrative Violations of Ukraine, the Law of Ukraine “On the Principles of Prevention and Combating of Discrimination in Ukraine,” and other legal acts.

It was also instructed to prepare for consideration the following draft laws related to the LGBTI community of Ukraine.

  • Draft Law No. 6325 D is a draft law on amendments to specific laws of Ukraine on the prevention of “propaganda of pedophilia,” “homosexuality,” and “transgenderism.” The bill seeks to prohibit using “gender equality” and “sexual identity” in legislation, educational programs, the media, and other areas. The bill also criminalizes “propaganda of pedophilia, homosexuality and transgenderism,” which are “considered a violation of public morality.” According to the National LGBTI Consortium, the very existence of such a bill by current MPs is a gross violation of public morality. Fortunately, most MPs understand this, so an alternative account was subsequently registered, which will be discussed below.
  • Draft Law No. 6325-1 D is an alternative draft law on amendments to certain legislative acts of Ukraine to bring them into line with the Constitution to combat direct or indirect discrimination and intolerance against individuals and their groups. This draft law aims to ensure equal protection of rights and freedoms of all citizens of Ukraine, regardless of their nationality, color of skin, language, religion, political or other convictions, sex, age, sexual orientation, gender identity, place of residence, etc. The draft law amendments the Criminal Code, the Code of Administrative Offences of Ukraine, the Law of Ukraine “On the Principles of Prevention and Combating of Discrimination in Ukraine,” and other legal acts.
  • Draft Law No. 6365 D is a draft law on amendments to Article 130 of the Criminal Code of Ukraine to reduce stigma and discrimination against people living with HIV. The draft law aims to exclude unintentional transmission of HIV from the criminal code and to reduce the maximum penalties for intentional transmission of HIV. The bill also provides mandatory psychological counseling for those who have committed such a crime.
  • Draft Law No. 6327 D is a bill on amendments to the Code of Administrative Violations of Ukraine on liability for “propaganda of deviations” from the constitutional norms of family, childhood, motherhood, and fatherhood. The bill aims to prevent the spread of “gender ideology,” which, according to its initiators, “deepens the demographic crisis and undermines the traditional values of Ukrainian society.” The draft law establishes administrative liability for disseminating information that promotes negative attitudes towards the family, childhood, motherhood, and fatherhood and for “propaganda of homosexuality, transgenderism, and other forms of sexual deviance.” This “bill” also received an alternative.
  • Draft Law 6327-1 D is an alternative to Draft Law 6327, which provides amendments to the Code of Administrative Violations of Ukraine regarding liability for “propaganda of deviations” from the constitutional norms of family, childhood, motherhood, and fatherhood. Draft Law 6327-1 D proposes to amend the Code of Administrative Violations of Ukraine and the Criminal Code of Ukraine to combat discrimination based on sexual orientation and gender identity. Draft Law 6327-1 D aims to ensure the realization of human and civil rights, particularly the right to equal protection before the law, the right to personal integrity, the right to freedom of thought and expression, and the right to respect for private and family life.
  • Draft Law 9351 D is a draft law on amendments to the Criminal Procedure Code of Ukraine to improve the procedure of pre-trial investigation and trial in criminal proceedings for crimes related to sexual violence committed in the context of armed conflict. The draft law aims to improve the protection of the rights of victims of sexual violence, to ensure effective investigation of such crimes, and to bring Ukrainian legislation into line with international standards and obligations.
  • Draft Law 9398 D is a draft law on amendments to the Criminal Code of Ukraine to improve criminal liability for infection with infectious diseases or infection with their pathogens. The draft law aims to prevent the spread of dangerous infectious diseases, such as HIV/AIDS, tuberculosis, hepatitis, and measles, which can negatively affect public health and national security. The bill provides for increased criminal liability for intentionally or negligently infecting another person with an infectious disease or its pathogen and for evading mandatory treatment or prevention of such conditions. The bill also defines the specifics of qualification and proof of such crimes and the procedure for providing medical care to victims. Despite the increased liability for intentional infection, the bill aims to reduce stigma against these people.

Two essential bills remained outside the “agenda.” In simple terms, these bills are not part of the Parliament’s work plan but can be proposed for discussion at the request of the President, the Government, or the majority of MPs. These bills can be adopted more quickly if most MPs vote for them. These bills can only be adopted with detailed consideration.

  • Draft Law 9623 is a bill on amendments to the Criminal Code of Ukraine to ensure freedom from interference in a person’s private life. The bill aims to decriminalize pornography, which is currently prohibited under Article 301 of the Criminal Code. The bill stipulates that participation in creating pornographic content is not a crime if it does not involve violence, exploitation, discrimination, or violation of children’s rights. The bill also proposes to set the age limit for access to pornography at 18 years.
  • Bill 9103 is a bill on the establishment of registered partnerships. The bill aims to ensure the realization of human and civil rights, in particular, the right to equal protection of the law, personal integrity, freedom of thought and expression, and respect for private and family life. The bill defines a registered partnership as a written, voluntary family union between two adults of the same or different sex that confers certain rights and obligations but is not marriage. The bill also proposes to recognize partnerships between LGBT couples entered abroad, both between foreigners and Ukrainian citizens.

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