What Does Ukrainian Legislation Say About GBV?

Terminology

Ukrainian legislation does not currently include a defined term for “gender-based violence.” Instead, the term “gender-based violence” (насильство за ознакою статі — literally “violence on the grounds of sex”) is used, which partially overlaps with the concept. Until 2024, it appeared in the Law of Ukraine “On Equal Rights and Opportunities” but lacked a precise definition or mechanisms for accountability.

However, thanks to the gradual implementation of the Istanbul Convention, on 19 December 2024 Law of Ukraine No. 3733-IX came into force, which finally introduced and explained in detail the term "violence on the grounds of sex". Under Article 173-6 of the Code of Ukraine on Administrative Offences, this is defined as:

"the intentional commission of any act (action or omission) of a physical, psychological, or economic nature directed against a specific person on the basis of their belonging to a particular sex or as a result of stereotypical assumptions about the social roles (status, obligations, behaviour, etc.) of women or men in society, as a result of which harm has been caused to the physical (without inflicting bodily injuries) or psychological health of the victim."

This definition aligns in substance with international interpretations of gender-based violence: firstly, the emphasis is placed on the gender of those against whom violence is disproportionately committed; and secondly, reference is made to gender stereotypes in society, which play a significant role in the prevalence of this type of violence.

However, this definition does not account for bodily injuries as a distinct form of GBV. Such cases are defined either as “ordinary” acts of violence or as part of domestic violence.

What Laws Govern Cases of Gender-Based Violence?

The following is a list of laws current at the time of publication. However, legislation is constantly changing and being updated, so details may be revised over time.

Law of Ukraine "On Prevention and Counteraction of Domestic Violence"

Thanks to this law, Ukrainian legislation finally recognised the term “domestic violence,” defined its manifestations, and established mechanisms for addressing it. As defined:

an act (action or omission) of physical, sexual, psychological, or economic violence committed within the family or at the place of residence, or between relatives, or between former or current spouses, or between other persons who live (have lived) together as a family, regardless of whether they are (were) related or married to each other, and regardless of whether the person who committed the domestic violence lives (lived) in the same place as the victim, as well as threats to commit such acts.

In plain terms: under this definition, domestic violence applies not only to spouses or romantic partners, but also to other individuals who may be family members, have close relationships, or share a home.

The law identifies four forms of domestic violence:

Physical — any hitting, slapping, biting, lashing, pushing, as well as withholding assistance from or abandoning the victim in a dangerous situation;

Psychological — verbal insults, threats, humiliation, stalking, intimidation, reproductive coercion, and various restrictions on freedom of expression, where these have resulted in harm to psychological health, fear for personal or others' safety, or emotional insecurity;

Economic — the intentional deprivation of housing, food, clothing, other property, money, or documents, or the ability to use them; abandonment without care; obstruction of medical treatment or rehabilitation; prohibition from working or studying; coercion into labour;

Sexual — any sexual acts without consent; acts involving a child or carried out in the presence of a child regardless of their consent; coercion into a sexual act with a third party; and other offences against sexual freedom or integrity.

This means the state recognises all of these forms of violence and has specific response mechanisms in place for each.

The law also sets out mechanisms for addressing domestic violence, designed to minimise the risk of recurrence:

Emergency restraining order — an obligation typically imposed by police on a perpetrator on the spot in a crisis situation. Under it, the perpetrator must leave the premises, not enter or remain there, and not contact the survivor for 10 days.

Restrictive restraining order — expanded obligations for the perpetrator imposed by a court order. Under it, the perpetrator is prohibited for a period of 1 to 6 months from:

– approaching within a defined distance of the survivor's place of residence, work, education, or frequent presence;

– restricting the survivor's use of shared or personal property;

– locating, tracking, or gathering information about the survivor's whereabouts;

– communicating with any affected children;

– contacting the survivor by any means, personally or through others.

Preventive supervision — work carried out by police officers with the perpetrator to monitor compliance with restrictions and prevent future violence.

Perpetrator programme — work by specialist practitioners with perpetrators, aimed at changing violent patterns of behaviour and challenging gender stereotypes.

Criminal Code of Ukraine*

The Criminal Code defines which actions constitute criminal offences and what penalties perpetrators may face. In relation to GBV, there are several key articles that can help hold perpetrators accountable.

Article 126-1. Domestic violence. Domestic violence in Ukraine is recognised as a criminal offence when it is systematic (i.e. has occurred at least 3 times) and has caused the victim physical injury, psychological suffering, loss of capacity to work, or a deterioration in quality of life. The perpetrator may face community service, probationary supervision for up to 5 years, restriction of liberty for up to 5 years, or imprisonment for up to 2 years.

Article 153. Sexual violence. Defines sexual violence as the commission of any violent sexual act not involving penetration of another person's body, without the voluntary consent of the victim. This may include coercion into a sexual act with the perpetrator or with another person, into watching such an act in person or in pornographic form, non-consensual touching of the body, or coercion into prostitution. The perpetrator may face restriction of liberty for up to 5 years; depending on aggravating circumstances, this may extend to 15 years.

Article 154. Coercion into sexual intercourse. This article provides for punishment for coercing a person into a sexual act without their consent — in particular, by a person on whom the victim is financially or professionally dependent. These acts are aggravated when accompanied by threats to damage or destroy property or to make public information that discredits the victim or their relatives. The penalty may include a fine, probationary supervision, or imprisonment for up to 3 years.

Article 152. Rape. Defined as the commission of sexual acts involving vaginal, anal, or oral penetration of another person's body using genitalia or any other object, without the voluntary consent of the victim. The perpetrator may face restriction of liberty for 3 to 5 years; depending on aggravating circumstances, up to 15 years.

Article 303. Pimping or involvement in prostitution. Defines penalties for pimping, involving a person in prostitution, or coercing them into it through deception, blackmail, exploitation of a person's vulnerable state, or violence or threats thereof. The perpetrator may face restriction of liberty for 3 to 5 years; depending on aggravating circumstances, up to 15 years with additional confiscation of property.

Article 134. Illegal abortion or sterilisation. Sets out penalties for abortion performed by someone without the requisite qualifications; for coercion into abortion or sterilisation without consent; and for illegal abortions or sterilisations that led to long-term health complications, infertility, or death. Possible penalties include a fine, community service, correctional labour, imprisonment for up to 3 years, and prohibition from holding certain posts or engaging in certain activities.

Article 151-2. Forced marriage. Under this article, it is a criminal offence to coerce a person into marriage or to continue a marriage concluded under coercion. The same applies to forced cohabitation, including inducing a person to relocate to another country to be with the perpetrator. Such actions are punishable by probationary supervision, restriction of liberty, or imprisonment for 3 to 5 years.

* Criminal Code of Ukraine. Verkhovna Rada of Ukraine — https://zakon.rada.gov.ua/laws/show/2341-14#Text

Code of Ukraine on Administrative Offences**

Article 173-2. Domestic violence. If domestic violence is not systematic (1–2 incidents) and has not resulted in physical injuries, it may be recognised as an administrative offence, with the perpetrator potentially receiving a fine, community service, or up to 15 days of administrative detention.

Article 173-6. Gender-based violence. This article — the text of which was mentioned at the beginning — provides for liability for any acts against a person on the basis of their sex or stereotypical assumptions about the social roles of women or men. This may include physical, psychological, or economic violence without bodily injuries. Possible penalties include a fine, community service, correctional labour, or up to 10 days of administrative detention.

Article 173-7. Sexual harassment. Although the term “harassment” is not used, its features fall under this article. It defines sexual harassment as the intentional commission — against a person's will — of offensive or degrading acts of a sexual nature, whether verbal or non-verbal (words, gestures, bodily movements), including via electronic communications. The perpetrator may receive a fine, community service, or up to 15 days of administrative detention.

** Code of Ukraine on Administrative Offences. Verkhovna Rada of Ukraine — https://zakon.rada.gov.ua/laws/show/8073-10#Text