As required by the Istanbul Convention: the Verkhovna Rada supported the draft law, which provides for changes in the Code of Criminal Procedure regarding violence
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The Parliament adopted as a basis the draft law, which provides for the introduction of administrative liability for sexual harassment, gender-based violence and failure to report domestic violence against a child.
Draft Law No. 8329 amends the Code of Ukraine on Administrative Offenses in connection with the ratification of the Istanbul Convention.
271 deputies voted “for”, People’s Deputy Yaroslav Zhelezniak said.
The draft law updates the definition of sexual harassment and gender-based violence in accordance with the Istanbul Convention, supplements the Code of Criminal Procedure with several articles and provides for administrative punishment in the form of a fine, community service or administrative arrest for:
- Failure to report domestic violence against a child an official of the entity that carries out measures in the field of prevention and countermeasures against domestic violence.
This involves punishment in the form of a fine from 20 to 30 tax-free minimum incomes of citizens or correctional work for a period of up to 1 month with a deduction of 20% of earnings.
| Photo: Chris Ryan |
- Gender-based violence – intentional commission of any actions (actions or inactions) of a physical, psychological or economic nature, directed against persons because of their belonging to a certain gender or stereotypical ideas about the social roles of women or men in society, causing physical, psychological or economic damage or suffering) .
It entails the imposition of a fine from 20 to 40 non-taxable minimum incomes of citizens or community service for a period of 20 to 40 hours, or correctional work for a period of up to 1 month with deduction of 20% of earnings, or administrative arrest for a period of up to 10 days.
- Sexual harassment – committing verbal, non-verbal or physical acts of a sexual nature without the consent of the person, which did not cause bodily harm, the purpose or effect of which is to humiliate the dignity of the person, in particular by creating an intimidating, hostile, humiliating or offensive environment, and are not related to penetration of the body another person
This involves the imposition of a fine from 20 to 50 of the tax-free minimum income of citizens or community service for a period of 20 to 30 hours.
Actions committed against a person who is in a relationship of labor, service, material or other subordination – entail the imposition of a fine of 50 to 70 non-taxable minimum income of citizens or community service for a period of 30 to 40 hours.
According to the draft law, people who have committed domestic violence, gender-based violence or failure to comply with an urgent restraining order may be detained for up to 3 hours to draw up a report.
And in necessary cases to identify the person or find out the circumstances of the offense – up to 24 hours (now up to 3 hours are provided).
Also, draft law No. 8329 provides that people who have committed domestic violence will be sent by court decision to corrective programs.
Details of the innovation can be viewed in the explanatory note to the draft law.
Currently, the draft law has been adopted as a basis, which means that the second reading is still ahead.
We will remind you that the draft law was submitted to the Verkhovna Rada on January 2, 2023, after the Rada ratified the Istanbul Convention in June 2022, and President Zelenskyi signed the corresponding law.
The Istanbul Convention or the Council of Europe Convention on preventing and combating violence against women and domestic violence is an international agreement first signed in 2011.
Read also: The Istanbul Convention is not a document about gender
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