A person may be attacked because of their appearance, skin colour, language, disability, sexual orientation, or gender identity. In such cases, the system may record the attack itself but fail to identify the motive that made the person a target. This affects the legal assessment of the crime, the course of the investigation, and the protection available to the victim.
Draft Law No. 13597 aims to update Ukraine’s approach to preventing and combating discrimination and hate-motivated crimes.
What Is a Hate-Motivated Crime?
A hate-motivated crime differs from an ordinary conflict because of its motive. The perpetrator targets a person because of their actual or perceived belonging to a particular group.
The reason for the aggression may be race, skin colour, national or ethnic origin, language, religion, disability, health status, sexual orientation, gender identity, or another characteristic.
An attack is directed at a specific person while also intimidating other people who may identify with or be associated with that person. When someone is harassed because of a symbol on their backpack, beaten because of their appearance, or subjected to racist or homophobic slurs during an attack, it creates a sense of danger for the wider community.
That is why an investigation should consider the perpetrators’ words, previous threats, the choice of location and time, and their reactions to the victim’s appearance or symbols. These details can help establish the motive.
What Happens When the Motive Is Not Taken into Account?
If a hate motive is not recorded when a person reports an incident, the case may remain classified as an ordinary conflict or hooliganism. The police investigate the fact of violence, while the reason behind the attack does not receive an appropriate legal assessment.
The European Court of Human Rights has already highlighted this problem in cases concerning Ukraine. In Karter v. Ukraine, the Court examined an ineffective investigation into attacks that the applicant associated with his sexual orientation. In Uzu v. Ukraine, the case concerned an attack on a minor of Afro-Ukrainian background and the state’s failure to properly examine a possible racial motive.
When law enforcement authorities fail to investigate signs of bias, a hate-motivated crime effectively receives the same assessment as an attack without a discriminatory motive. The victim is left without full recognition of what happened to them.
This also affects statistics. If hate motives disappear from case files, the state cannot see the real scale of such crimes, identify groups at risk, or plan appropriate prevention measures.
Why Does This Matter for Ukraine’s EU Accession?
Protection against discrimination is part of European requirements in the areas of fundamental rights and the rule of law. EU accession means that laws must work in everyday practice and that people must be able to access the protection provided by them.
In its 2025 Ukraine Report, the European Commission noted that Ukraine’s criminal legislation in this area is not yet aligned with EU law. The Commission specifically highlighted the lack of systematic data collection on hate-motivated crimes and the fact that sexual orientation and gender identity are not covered by the relevant provisions of criminal law.
The report also calls for continued training for police officers, prosecutors, judges, and staff of the Ombudsman’s Office. Legislative changes must be accompanied by the proper implementation of the law.
What Does Draft Law No. 13597 Propose?
The draft law was registered in the Verkhovna Rada on 4 August 2025, following the failure to adopt the previous legislative initiative No. 5488.
The draft proposes expanding the list of characteristics that may constitute a hate motive. These would include, among others, national origin, health status, sexual orientation, and gender identity.
Another change concerns the distinction between types of liability. Discriminatory acts without violence or threats would be treated as administrative offences. Assaults, public calls for violence, and other dangerous forms of conduct would remain within the scope of criminal law.
The draft law also provides for hate motive to be considered an aggravating circumstance for certain crimes, including murder, bodily injury, and assault.
In February 2026, the draft law was added to the agenda of the Verkhovna Rada. As of 5 August 2026, it is being considered by the relevant parliamentary committee. The Committee on Ukraine’s Integration into the European Union concluded that the draft does not contradict Ukraine’s EU integration commitments and is aimed at implementing the rule-of-law roadmap.
What Should the Outcome Be?
Adopting Draft Law No. 13597 could close a significant gap in Ukrainian legislation. However, the changes will only have a real impact if the hate motive no longer disappears from case files after a person reports an offence.
“Draft Law No. 13597 could give law enforcement more opportunities to properly investigate hate-motivated crimes and provide victims with a clearer legal basis for protection. However, the outcome will depend on both the quality of the provisions and how they are applied in practice. If the wording remains unclear, the hate motive may continue to get lost in case files, and people will not receive a full legal assessment of what they have experienced,” says Olha Poliakova, Head of the human rights organisation Gender Stream.
Law enforcement officers should be able to identify such crimes, investigate the circumstances of the attack, and properly document the motive. Prosecutors and courts should take it into account when assessing the offence. Victims should know where to seek help and what support they can expect.
Gender Stream continues to advocate for the meaningful improvement and adoption of Draft Law No. 13597. Ukraine needs an effective mechanism that protects people from violence based on their identity or belonging to a particular group and meets European standards in the areas of equality and non-discrimination.
