A/HRC/44/53/Add.22 Concerning sections V of the draft report, paragraph “H” of the conclusions and recommendations (on gender identity). We believe that the proposal of the Independent Expert to include “sexual orientation” and “gender identity” as the constituent elements of Article 161 of the Criminal Code of Ukraine and identify the circumstances aggravating the punishment in Article 67 of the Criminal Code of Ukraine, is unjustified and should be removed. At present the practice of applying the Criminal Code and the Code of Criminal Procedure of Ukraine by the prosecution authorities is based on the norms enshrined therein and in view of the concept of “gender-related violence” existing in the legislation of Ukraine (Article 161 of the Criminal Code of Ukraine, Article 1 of the Law), “gender based violence” (paragraph 3 of the part 1 of Article 67 of the Criminal Code of Ukraine). We believe that the relevant changes to the Criminal Code of Ukraine and the Code of Criminal Procedure of Ukraine can be considered only if the term “gender”, which is interpreted as “social, rather than a biological sex” and other derived terminology, is included in the conceptual framework of the legislation of Ukraine. Meanwhile, the inclusion of the new terminology “gender”, “gender identity” into the legislation should also be decided upon in the context of Ukraine's obligations under international treaties of Ukraine. 5