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ADVOCACY FOR BILL 13597

The Gender Stream organisation focuses on promoting and advocating for Bill 13597 ‘On Amendments to the Civil Code of Ukraine on Administrative Offences and the Criminal Code of Ukraine regarding the fight against discrimination’ on the criminalisation of hate crimes.  The draft law is part of Ukraine’s implementation of its international human rights obligations, particularly within the framework of European integration, EU accession negotiations (Cluster 1 ‘Fundamentals’) and Council of Europe standards on combating hate crimes. The draft law was registered by Olena Shulyak, who cooperates with Gender Stream. The document was signed by 32 MPs, which is an unprecedented level of support for a legislative initiative that systematically includes motives of intolerance, in particular on the grounds of sexual orientation and gender identity, already at the registration stage.

What does the bill propose?

The bill proposes to expand and clarify the definition of discrimination. Four more characteristics are added to the existing 16: national origin, health status, sexual orientation, and gender identity. At the same time, ‘marital status’ remains a protected characteristic, providing protection, in particular, to people in unregistered partnerships.

The document also provides for the amendment of Article 161 of the Criminal Code. Currently, it concerns violations of citizens’ equal rights and provides for criminal liability. The draft law proposes to transfer this offence to the Code of Ukraine on Administrative Offences (CUAO) and define it as ‘actions not related to violence or the threat of violence that have led to discrimination’. Sanctions for such actions include fines or corrective labour.

Thus, non-aggressive manifestations of discrimination are transferred from criminal to administrative liability.

The updated Article 161 of the Criminal Code will be renamed ‘Public calls for violence motivated by intolerance.’ It will cover only calls for violent actions committed on grounds of intolerance. It is proposed that criminal proceedings under this article be initiated without a mandatory statement from the victim.

It is proposed to introduce a new Article 188-58 into the Code of Administrative Offences, ‘Violation of legislation in the field of preventing and combating discrimination,’ which will define liability for discriminatory actions without violence or threats. The main type of punishment will be a fine or corrective labour.

The bill also clarifies the definition of aggravating circumstances. Instead of a limited list of motives (race, nationality, religion, gender), a broader concept of ‘motives of intolerance’ is introduced. The expansion applies to Articles 115, 121, 122, 126, 127 and 129 of the Criminal Code. In fact, these motives were already provided for, but now they are being clarified and unified.

In the article on the dissemination of materials promoting cults, violence or discrimination, the wording ‘racial, national or religious intolerance’ is replaced by the broader concept of ‘intolerance or discrimination’. The sanctions remain unchanged.

In addition, it is proposed to add representatives of the Ombudsman and authorised persons of the Ombudsman’s secretariat to the list of entities responsible for combating discrimination. Previously, this list included only the institution of the Ukrainian Parliament Commissioner for Human Rights.

Key changes and their regulatory impact:

1. Establishment of administrative liability for non-discriminatory but biased actions.

2. Criminalisation of public calls for violence motivated by intolerance (Article 161 of the Criminal Code).

3. Inclusion of motives of intolerance as an aggravating circumstance in a number of crimes.

4. Definition and prohibition of propaganda of cruelty, discrimination and violence through the media (Article 300 of the Criminal Code).

Compliance with European and international standards:

Draft Law 13597 has European integration status. The provisions of the draft law comply with the recommendations and practices of the Council of Europe, in particular with regard to the definition of intolerance, the distinction between administrative and criminal liability, and approaches to the classification of hate crimes.

The draft law also correlates with the European Union’s approaches to the protection of fundamental rights, in particular with the provisions of the EU LGBTIQ Equality Strategy 2026-2030, as well as with the logic of Section 23 ‘Judiciary and Fundamental Rights’ of the negotiation process on Ukraine’s accession to the EU. The adoption of this draft law can be recorded as concrete progress by Ukraine in fulfilling its obligations in the field of the rule of law and human rights.

Potential effect of the draft law:

– The draft law promotes legal education and intolerance of discriminatory rhetoric.

– It creates the conditions for effective law enforcement in cases related to discrimination.

– It creates a legal basis for systematic cooperation between state bodies, law enforcement institutions and civil society in the field of combating hate crimes.

– It strengthens Ukraine’s international image as a state that respects human rights.

Why is the adoption of this bill so important?

  • Closing legal loopholes

13597 supplements the Criminal Code, including crimes based on sexual orientation and gender identity.

This will allow for the punishment of hate crimes, rather than masking them as ‘hooliganism.’

  • Compliance with EU standards

13597 brings us closer to European legislation and is part of Ukraine’s international human rights commitments.

  • Improving safety

The law provides for liability for attacks on peaceful gatherings and events, reducing the level of aggression in society.

  • A step towards a just society

The adoption of 13597 is a fight against stigma, homophobia and transphobia and a path to an equal society for all.

History of the bill

04.08.2025 — Bill 5488 was registered in the Verkhovna Rada of Ukraine; 

6.08.2025 — The bill was sent to the Committee for consideration;

07.08.2025 — The bill was submitted to the Committee for review.

For Gender Stream, advocating for Bill 13597 is part of our long-term work to develop an effective European system for responding to hate crimes in Ukraine. We are working together with MPs, state institutions and international partners to ensure that this mechanism becomes a real tool for protecting human rights.