In May 2021, Ukraine's Cabinet of Ministers introduced to Parliament a "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. The law 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 "race", skin colour, religious beliefs, sex, disability, ethnic origin, citizenship, sexual orientation, gender identity, and language, among others.
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 awareness among and building the capacity of criminal justice officials to address hate crimes.
ODIHR recalls that in Ministerial Council Decision 9/09, OSCE participating States agreed to a common definition of hate crime and 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. Participating States also 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 by providing further resources and tailored capacity-building assistance for police, prosecutors, and the judiciary.