In 2020, with the assistance of the Human Rights Commissioner of the Ukrainian Parliament (Verkhovna Rada), a working group was created to improve hate crime recording procedure. The working group includes representatives of law enforcement and judicial authorities, as well as representatives of civil society public organizations. Proposal have been prepared to improve the procedure for recording hate crimes, but at the time of Ukraine’s contribution to ODIHR’s 2020 Hate Crime Report, these proposals had not been formally sent to the relevant government agencies.
In May 2021, the Cabinet of Ministers introduced to the Parliament the “Draft Law on Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine on Combating Discrimination”, developed by the Ministry of Internal Affairs, which provides an extended and open list of protected characteristics in the Criminal Code, under the general penalty enhancement provision (Article 67) and specific penalty enhancements provisions (Articles 115, 121, 122, 126, 127, 129, 130, 161) including, among others, race, skin colour, religious beliefs, sex, disability, ethnic origin, citizenship, sexual orientation, gender identity, and language.
All hate crimes shown here were motivated by bias against sexual orientation.
ODIHR recognizes Ukraine's efforts to improve its hate crime recording mechanisms, including through collaboration with civil society. Continuing in such efforts is encouraged as, based on the available information, Ukraine’s hate crime recording and statistics do not sufficiently distinguish hate crimes from other crimes. In addition, ODIHR observes that Ukraine would benefit from raising the awareness and building the capacity of criminal justice officials in relation to hate crimes.
ODIHR recalls that in the Ministerial Council Decision 9/09, participating States have agreed to a definition of hate crime shared by all OSCE participating States. They have also committed to collecting reliable data and statistics on hate crimes. To that end, hate crimes need to be distinguished throughout the recording and data collection process from acts constituting incitement to hatred or acts of discrimination. In the same Ministerial Council Decision 9/09, participating States have committed to introducing or further developing professional training and capacity-building activities for law-enforcement, prosecution, and judicial officials dealing with hate crimes. ODIHR stands ready to support Ukraine in meeting its relevant commitments through the provision of comprehensive resources and tailored assistance in the area of hate crime recording and data collection as well as providing further resources and tailored capacity building assistance for police, prosecution, and judiciary.