last updated 6 July, 2009
Contributed by: Halyna Fedkovych, Ukraine National VAW Monitor
Domestic Violence
Since the adoption of the law “On the Prevention of Violence in the Family” by the Parliament (the Verkhovna Rada) on 15 November 2001, the Ukrainian government has instituted a wide range of new committees and programs to implement and enforce the laws combating domestic violence. Revisions to the state protocol for dealing with perpetrators were made in 2002, 2003, and 2004, and the law itself was amended in 2008.
Creation of a Preventive Record:
On 22 April 2002, the Ministry of Internal Affairs issued a Decree setting up the procedure for placement of perpetrators of domestic violence on preventive record, “On the Procedure for the Placement of Perpetrators of Domestic Violence on Preventive Record” (in Ukrainian). Perpetrators of domestic violence are placed on preventive record pursuant to: a) a report of an act of domestic violence by a victim of domestic violence; b) a verbal utterance of concern by a victim of domestic violence in confirmation of a report of an act of domestic violence submitted by a third person; or c) information about an act of domestic violence provided by a cognizant agency (Sections 2.1-2.4). Any individual in receipt of a Preventive Warning is subject to mandatory placement on preventive record (Section 2.4). A Preventive Warning is issued against any individual who has perpetrated an act of domestic violence. (Section 3.1). Perpetrators of repeated acts of domestic violence may have a Protective Order issued against them. To become effective, a Protective Order must be sanctioned by a local district attorney or a chief of local police (Section 3.3). Victims who receive a Preventive Warning for three or more instances of “provocative behavior” are not entitled to a Protective Order (Section 3.2). In practice, there are a growing number of cases in which police officers are using their legal power to provide Preventive Warnings of provocative behavior of victims of domestic violence to threaten and prevent a violence victim from reporting the violence to the police.
A perpetrator of domestic violence is removed from preventive record a) following a year of non-violent behavior; b) upon his imprisonment as a result of criminal conviction; c) upon his death; d) in the event of his absence from the place of his permanent residence for more than a year; or e) upon a written petition of the victim of domestic violence (Sections 4.1.-4.5). The preventive record is transferred to a new place of residence upon relocation of a perpetrator of domestic violence and his family (Section 2.4). The provision that a perpetrator is removed from preventive record in the event of his absence from the place of his permanent residence for longer than a year may be significantly damaging to the protection of victims of domestic violence (Section 4.3). A perpetrator may simply live in a place across the street from the victim for a year, which, by virtue of it not being his permanent place of residence, removes him from preventive record. Instead of maintaining a preventive record on a perpetrator of domestic violence until he acquires a new permanent place of residence, or information about his new permanent place of residence becomes known, the Ministry of Internal Affairs chooses merely to remove the perpetrator from preventive record (Section 4.3). Furthermore, the provision is vague, as it fails to provide the police with sufficient guidance on what constitutes a year-long absence from a place of permanent residence, most specifically:
Reporting Domestic Violence:
On 26 April 2003, the Cabinet of Ministers of Ukraine issued a Decree that established a “Procedure for Consideration and Review of Reports of Acts or Threats of Domestic Violence” (in Ukrainian). Under this Procedure, victims or individuals under threat of domestic violence may submit reports to any of the following agencies:
Reports are accepted in verbal or written form. A written report must state the name and address of the complainant and describe the circumstances that lead the complainant to believe that she is under specific threat of domestic violence. The petition is then registered in the registry of petitions for the prevention of domestic violence. Reports of acts or threats of domestic violence must be accepted for consideration and thoroughly reviewed within three days of the date of submission. If a need arises to further investigate an allegation of domestic violence or circumstances leading an individual to believe that she is under specific threat of domestic violence, the report must be reviewed within seven days of its submission. An agency where a report is under review is required to immediately notify the local department of criminal police about any serious threat to the complainant’s life or limb. At least one joint on-site inspection by a neighborhood police officer and representatives of a local branch of the Committee on Youth and Family Affairs or local Department for Youth and Family Affairs is required during the review of the report. Local Departments for Youth and Family Affairs are responsible for the organization of assistance, protection and rehabilitation of victims or individuals under threat of domestic violence. Information contained in reports of acts or threats of domestic violence is confidential. In practice, the most effective way for victims of domestic violence to protect themselves is to submit a written report to the local police station. Only by making such a report can a victim expect effective action on the part of law enforcement in accordance with procedural laws.
2008 Revisions to the Law:
Amendments to domestic violence legislation “On the Prevention of Violence in the Family” were adopted by Parliament on 25 September 2008, and entered into force on 1 January 2009. (in English) (in Ukrainian)
Main changes introduced by the amendments law:
Changes in Administrative Code of Ukraine:
The revised domestic violence legislation is seen by many advocates as a partial victory. The exclusion of “provocative behavior” provisions is considered a very positive result of the many years of advocating by women’s NGOs in Ukraine. Police will no longer issue warnings to victims who have “provoked” domestic violence. Also, providing police with the right to arrest a perpetrator of violence before the court hearing is very important improvement; previously, police were unable to legally detain a perpetrator at the police station for more than 3 hours unless they had made the arrest for a different legal violation.
But women’s NGOs in Ukraine continue to push for further improvements in the legislation and are closely monitoring whether the law will be properly implemented. The introducing of corrective programs for perpetrators is a positive improvement in the law, but under present conditions it is unclear whether the programs will be sufficiently implemented and funded. Currently, responsibility for creating correctional programs lies with the Department of Family, Youth and Sports and its branch institutions (crisis centers), but at present they lack adequate professional staff, training, and funds. The weak point of the new law’s definition of “family members” is that former spouses do not fall under the definition, so in a case where a woman is living with an ex-husband in the same house (a wide-spread practice in Ukraine, which has a shortage of affordable housing) it is impossible to bring charges against the ex-husband under the current domestic violence legislation. The changes made in administrative punishment are generally positive but fall short of the stronger punishments advocates believed would be necessary to effectively prevent perpetrators from repeating violent acts.
Equal Rights Legislation and Gender Discrimination Hearings
The Law of Ukraine "On Ensuring the Equal Rights and Opportunities of Women and Men" (in Ukrainian) was adopted by Parliament on 8 September 2005 and entered into force on 1 January 2006. For the first time in Ukrainian history, the Law contains the legislative definition of “discrimination based on sex" and provides the right to judicial protection from it. “The purpose of this Law is achievement of parity status of women and men through the legal ensuring of equal rights and opportunities of women and men, elimination of discrimination based on sex and implementation of special temporary measures, aimed at the elimination of misbalance between the opportunities of women and men to exercise equal rights granted by the Constitution”(as noted in the Preamble to the Law).
The Law defines such notions as “equal rights of women and men,” “equal opportunities of women and men,” “discrimination based on sex,” “gender equality,” “gender and legal examination” and others; outlines the main directions of state policy concerning ensuring equal rights and opportunities of women and men; and gives power in the field of ensuring equal rights and opportunities of women and men to some public authorities, institutions and organizations.
To accompany the discussions that preceded the adoption of the law, on June 9, 2004, the Ukrainian Parliament held hearings regarding the “Status of Women in Ukraine: Reality and Perspectives.” As a result of the hearings, Parliament adopted by decree a series of recommendations to be implemented by the Cabinet of Ministers. Violence against women was one of the main issues discussed at the hearings. The hearing recommendations state that family violence continues to increase in Ukraine despite the adoption of the law “On the Prevention of Violence in the Family” and the Decree on “Procedure for Consideration and Review of Reports of Acts or Threats of Domestic Violence” (April 26, 2003, #616) (in Ukrainian).
The following are some of the recommendations directed at specific state institutions of Ukraine:
To the Parliament of Ukraine:
To the Cabinet of Ministers of Ukraine:
To the Ministry of Family, Children and Youth:
To the Ministry of International Affairs:
To Ministry of Internal Affairs (in cooperation with Ministry of International Affairs):
Human Trafficking
On 27 June 2003, the Cabinet of Ministers approved the Model Rules of Organization and Operation of Centers of Rehabilitation for Victims of Trafficking in People (Decree No. 987 dated June 27, 2003, Ofitsiynyi Visnyk Ukrajiny, July 18, 2003, No. 27, Page 67, Item 1324) (Ukrainian). A Center for Rehabilitation of Victims of Trafficking in People is a specialized institution established to provide a range of social and rehabilitation services and medical treatment to victims of trafficking. Centers are established by regional governments. Upon referral to a Center, a victim of trafficking may receive shelter, food, and psychological and legal assistance. Centers also offer victims of trafficking an initial medical examination to help determine the extent of required medical and psychological treatment. Centers develop programs for the rehabilitation, reintegration, social and psychological adaptation of victims of trafficking and promote public awareness about trafficking in people. Victims may remain at a Center for as long as required, but no longer than three months. Any information about a victim of trafficking that becomes available to a Center’s staff is confidential. Centers are to be funded from local budgets and charitable donations. Currently, the majority of services for victims of trafficking is funded and organized by the International Organization for Migration. For more information about rehabilitation centers in Ukraine, see Trafficking in Ukraine: An Assessment of Current Responses, United Nations International Children’s Emergency Fund, April 2005.
Public hearings were held in 2009 on new legislation on human trafficking, created in partnership by the Ukrainian Ministry for Family, Youth and Sports and the Organization for Security and Co-operation in Europe (OSCE); the legislation is currently under consideration by the Ukrainian government.