A/HRC/44/53/Add.22
A.
Security Service of Ukraine
Incidents and unlawful manifestations related to obstruction by members of informal
structures of a ring-wing orientation to holding public events of representatives of the LGBT
community, based on rejection of relevant ideas that contradict the religious and cultural
traditions of Ukraine, are occasionally fixed in Ukraine. The indicated structures are small in
number and do not have a decisive influence on the social and political situation in the
country. Law enforcement authorities (primarily the National Police), in accordance with
their powers, are taking measures aimed at localizing the illegal activities and preventing
violence
B.
Ministry of Social Policy of Ukraine
Proposal to add to paragraph 10 of the Report:
«The notion “gender equality” is defined in the Article 1 of the Law of Ukraine “On Ensuring
Equal Rights and Opportunities of Women and Men” (i.e. Equal legal status of women and
men, and equal ways of implementation, which provide equal representation of individuals
of any sex in all areas of society). In accordance with the Ministry of Social Policy of
Ukraine’s Order Nо 86 of 7 February 2020 the Manual on the integration of gender
approaches into government regulations was approved. The Manual specifies definitions of
“gender” (socially entrenched roles, behavior, activity and specific features, which are
perceived as masculine/feminine by the community), “gender analysis” (studying of
differences between women and men in terms of conditions, needs, levels of participation,
access to resources and management, parts in making decisions etc., which are determined
by established gender roles (norms, expected behaviors, activity, specific features, which are
perceived as masculine/feminine).»
C.
National Police of Ukraine
In order to ensure proper oversight of the investigation of the hate crimes, including SOGI,
the National Police of Ukraine monitors the Unified Register of the pre-trial investigations
in criminal proceedings initiated on the facts of racial, national, religious intolerance, as well
as analyses and verifies the information regarding hate crimes covered in mass media.
By a letter from the Central Investigation Department of 03.02.2020 to the leadership of the
Directorates General of the National Police in Kyiv, regions, the Autonomous Republic of
Crimea and in the city of Sevastopol, it has been pointed out that while considering reports
on criminal offenses based on race, nationality, religious beliefs, disability and on other
grounds, as well as offenses, indicating possible motives for committing crimes of this
category, and while providing legal qualifications of such acts, it is necessary to mandatory
take into account recommendations set out in paragraph 11 of the Concluding Observations
on the seventh periodic report of Ukraine adopted by the UN Human Rights Committee at its
108th session (July 8-26, 2013) regarding the prosecution of perpetrators in accordance with
Art. 161 of the Criminal Code of Ukraine.
Also, when establishing facts of the commission of criminal offenses that may indicate
violation of the equal rights of citizens depending on their race, nationality and other grounds
(probable motives) the National Police shall, if necessary, send an instruction to the
investigating departments of the Directorate General of the National Police to conduct, during
investigation of the criminal proceedings, verification of the version of commission of a
crime motivated by intolerance.
It should be noted that criminal proceedings of this category, in which a decision was made
to drop them on the basis of Art. 284 of the Code of Criminal Procedure of Ukraine, are
mandatory examined in the Central Investigation Department.
Also, if necessary, letters are sent to the relevant regional prosecutor's offices concerning
verification of the validity of the decisions made and consideration of nullification of such
decisions.
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