On August 4, 2025, the Verkhovna Rada of Ukraine registered Bill No. 13597, the primary purpose of which is to unify and systematize legislation related to combating discrimination. The bill aims to establish clear mechanisms for responding to acts of intolerance, ranging from administrative offenses to criminal offenses, as well as to bring Ukrainian legislation into line with European standards.

Key Changes to the Code of Administrative Offenses

The draft law introduces significant changes to the Code of Administrative Offenses, which supplement the existing system of sanctions. The main innovation is the addition of Article 188-58 to the Code, which establishes liability for “Violation of legislation in the field of preventing and combating discrimination.”

According to this article, acts that were not associated with violence or the threat of violence but resulted in discrimination entail the following consequences:

  • for individuals: a fine ranging from 100 to 160 non-taxable minimum incomes
    or community service;
  • for officials and business entities: a fine ranging from 300 to 400 non-taxable minimum incomes.

Stricter sanctions are provided for repeat offenses committed within one year. In addition, the draft grants the Ukrainian Parliament’s Commissioner for Human Rights the authority to issue reports on administrative offenses provided for in this article, which will facilitate a prompt response to cases of discrimination.

The bill also proposes amendments that establish administrative liability for violations of legislation on the prevention and combating of discrimination by persons subject to disciplinary statutes.

Amendments to the Criminal Code of Ukraine

The draft law provides for a number of important amendments to the Criminal Code of Ukraine aimed at strengthening liability for criminal offenses committed on the grounds of intolerance and clarifying their classification.

Clarification of the Aggravating Circumstance “Motive of Intolerance”

The draft law proposes amending Article 67 of the Criminal Code of Ukraine, which defines aggravating circumstances. The new wording of paragraph 3 of part 1 of this article provides that an aggravating circumstance is “the commission of a criminal offense motivated by intolerance.”
To ensure a uniform and consistent interpretation of the term “intolerance,” the draft law adds a note to Article 67 of the Criminal Code of Ukraine stating that in Articles 67, 115, 121, 122, 126, 127, 129, 161, and 300 of this Code, the term “intolerance” is used in the meaning defined by the Law of Ukraine “On the Principles of Preventing and Combating Discrimination in Ukraine.”

As defined by the aforementioned Law, intolerance is an open, prejudiced, negative attitude toward a person and/or group of persons who differ in such characteristics as race, skin color, political, religious, or other beliefs, gender, age, disability, health status, ethnic, national, and social origin, citizenship, marital and property status, sexual orientation, gender identity, place of residence, language, or other characteristics.

Amendments to Article 161 of the Criminal Code of Ukraine

The draft law proposes to revise Article 161 of the Criminal Code of Ukraine (“Violation of the Equal Rights of Citizens Based on Their Race, Nationality, or Religious Beliefs”) to establish liability for:

  • public calls for violence motivated by intolerance toward a person and/or group of persons based on their characteristics;
  • the same acts, if committed through deception or threats, or if committed by a public official using their official position;
  • the same acts, if committed by an organized group of persons or resulting in serious consequences.

Amendments to Article 300 of the Criminal Code of Ukraine

It is proposed to revise Article 300 of the Criminal Code of Ukraine (“Import, Production, or Distribution of Works Promoting a Cult of Violence and Cruelty, Racial, National, or Religious Intolerance and Discrimination”) in a new version. The bill expands the list of prohibited materials to include not only works but also other materials, in particular audiovisual works, films, videos, and audio productions. This update takes into account modern means of disseminating information and allows for a more effective fight against the promotion of intolerance in the digital space.

Expansion of the List of Grounds for Applying Criminal Law Measures to Legal Entities

The draft law amends Article 96-3 of the Criminal Code of Ukraine, expanding the list of criminal offenses the commission of which may serve as grounds for applying criminal law measures to legal entities. Articles 161 and 300 have been added to this list.

Amendments to the Criminal Procedure Code of Ukraine

The amendments to the Criminal Procedure Code of Ukraine propose a new version of Article 477. The most significant change is the removal of the provision allowing criminal proceedings to be conducted as a private prosecution for the criminal offense specified in Part 1 of Article 161 of the Criminal Code of Ukraine. This means that, from now on, such cases will be heard under the public prosecution procedure, which strengthens the state’s protection against criminal offenses motivated by intolerance and does not place the burden of proof on the victim.

Conclusions

The draft law on amendments to the Code of Administrative Offenses and the Criminal Code of Ukraine represents a comprehensive approach to strengthening legal protection against discrimination. It not only clarifies terminology and distinguishes between criminal and administrative offenses but also establishes a clearer response mechanism. These changes are an important step toward building a society where every citizen is protected from prejudice and discrimination, in line with European values and Ukraine’s international obligations. The implementation of this Law should contribute to more effective work by law enforcement agencies and other state institutions in the field of human rights protection.




Author: Gunay Alizade, Attorney at Law, Barristers

Source: https://protocol.ua/ua/garmonizatsiya_ukrai_nskogo_zakonodavstva_u_sferi_protidii_diskriminatsii_zmini_do_kupap_ta_kk_ukrai_ni/

Write us

You need a consultation — contact us

I accept privacy policy