A/HRC/44/53/Add.22 It is necessary to point out that it is characteristic of the investigation of violent crimes motivated by intolerance that such a penal qualification of the actions of a suspected person is not always possible at the stage of the start of a pre-trial investigation. It is possible only from the moment the suspect is identified, that is, from the moment of notification of the suspicion, since the motive of the crime is an element of the subjective side of the crime, the proof of which is practically impossible without the suspect. At the same time, we inform that the Central Investigation Department does not provide for and does not keep records of criminal proceedings for certain categories of criminal offenses committed against LGBTI representatives in the temporarily occupied territories of Ukraine. However, in case the National Police receives statements and reports of violations of the rights of citizens on the grounds of sexual orientation, including those that took place in the temporarily occupied territories of the Crimean peninsula, Donetsk and Luhansk regions, such facts must be registered in the Unified Register of the pre-trial investigations in accordance with the provisions of Article 214 of the Code of Criminal Procedure of Ukraine. Further investigation by the National Police investigators of those or other criminal offenses committed in the temporarily occupied territories is carried out on the general basis of the criminal procedural legislation taking into account the current situation in the occupied territories. We also inform that the National Police officers are constantly taking measures to avert and prevent violence against LGBTI representatives by extreme right-wing groups, homophobic and transphobic crimes, harassment or attacks on LGBTI representatives, disruptions or prevention of LGBTI activities, public meetings, educational and memorial events, as well as private meetings targeted at a specific audience. Thus, in the proceedings of the Investigative Department of the Directorate General of the National Police in Vinnytsia region there are materials of criminal proceedings, the information about which was included in the Unified Register of the Pre-trial Investigations on February 1, 2020 No. 12020020000000046 on the grounds of a criminal offense under Part 3 of Article 171 of the Criminal Code of Ukraine and No. 12020020000000045 on the grounds of a criminal offense under Part 2 of Article 296 of the Criminal Code of Ukraine, on the fact of obstruction of a training for bloggers and journalists on media coverage of certain topics related to sexual minorities, which took place on February 1, 2020 in the premises of the Podillya Hotel in Vinnytsia. A group of unidentified persons, two of whom were wearing balaclavas, having stormed into the hotel premises, in an unlawful manner impeded the legitimate professional activities of journalists and committed hooligan actions, dousing one of the participants of the training with unidentified substance and showering him with feathers. A pre-trial investigation into this fact is under way. It should be also noted that the National Police established cooperation with the organizers of the LGBTI marches to take joint actions aimed at preventing violations of public security and order during their conduct, which, in turn, is positively assessed by the Independent Expert. As far as the issue of isolated cases of attacks on participants of marchers after their conduct is concerned, we inform you that the perpetrators of unlawful acts against representatives of the LGBTI community have been identified, and the relevant criminal proceedings have been initiated. We also inform you that the LGBTI march in Kryvyi Rih was canceled by its organizers in connection with the holding of the snap elections of Ukrainian people’s deputies. 3

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