Hate crime legislation in Ukraine
Criminal Code of Ukraine (2001, as amended 2014)
(unofficial translation) (emphasis added)
Excerpts related to Hate Crime offences
Article 67. Circumstances aggravating punishment
1. When imposing punishment, the following circumstances shall be recognized as aggravating circumstances:
(1), (2) ….
(3) commission of a criminal offense on the grounds of racial, national, religious enmity or discord, or on the basis of gender;
(4) - (13) …
2. Depending on the nature of an offense committed, a court may find any of the circumstances specified in paragraph 1 of this Article, other than those defined in subparagraphs 2, 6, 7, 9, 10, and 12, not to be aggravating, and should provide the reasons for this decision in its judgment.
3. When imposing a punishment, a court may not find any circumstances, other than those defined in paragraph 1 of this Article, to be aggravating.
4. If any of the aggravating circumstances is specified in an article of the Special Part of this Code as an element of an offense, that affects its treatment, a court shall not take it into consideration again as an aggravating circumstance when imposing a punishment.
Article 115. Murder
1. Murder, that is willful unlawful causing death of another person, - shall be punishable by imprisonment for a term of seven to fifteen years.
2. Murder:
(1)-(13) …
(14) based on racial, national or religious intolerance - shall be punishable by imprisonment for a term of ten to fifteen years, or life imprisonment with forfeiture of property in the case provided for by subparagraph 6 of paragraph 2 of this Article.
Article 121. Intentional grievous bodily harm
1. Intentional grievous bodily injury, that is a willful bodily injury which is dangerous to life at the time of infliction, or resulted in a loss of any organ or its functions, genital mutilation, mental disease or any other health disorder combined with a permanent loss of ability to work by at least one-third, or termination of pregnancy, or irreparable disfigurement of face, - is punishable by imprisonment for a term of seven to ten years.
2. Intended grievous bodily injury committed by a method characterized by significant torture, or by a group of persons, and also for the purpose of intimidating the victim or other persons, or based on racial, national or religious intolerance, or committed as a contracted offense, or which caused death of the victim, - shall be punishable by imprisonment for a term of seven to ten years.
Article 122. intentional bodily harm of medium gravity
1. Intentional bodily injury of medium gravity, that is a willful bodily injury which is not dangerous to life and does not result in the consequences provided for by Article 121 of this Code, but which caused a long-term health disorder or a significant permanent disability of less than one third, shall be punishable by correctional labor for a term up to two years, or restraint of liberty for a term up to three years, or imprisonment for a term up to three years.
2. The same actions committed for the purpose of intimidating the victim or his/her relatives, or coercion to certain actions, or based on racial, national or religious intolerance, - shall be punishable by imprisonment for a term of three to five years.
Article 126. beating and torture
1. Intentional infliction of a blow, beating or committing other violent acts which caused physical pain but no bodily injury, - shall be punishable by a fine up to 50 non-taxable minimum incomes of citizens, or community service for a term up to 200 hours, or correctional labor for a term up to one year.
2. The same acts characterized by torture, committed by a group of persons or for the purpose of intimidating the victim or his relatives, or based on racial, national or religious intolerance, - shall be punishable by restraint of liberty for a term up to five years, or imprisonment for the same term.
Article 127. Torture
1. Torture, i.e. any deliberate act aimed at inflicting severe physical pain or moral suffering on a person, committed with the aim of forcing him or another person to commit acts contrary to their will, including obtaining information or a confession, or with the aim of punishing him or another person for acts committed by him or another person or of which he or another person is suspected, or for the purpose of intimidating her or other persons, - shall be punishable by imprisonment for a term of three to five years.
2. The same actions repeated or committed by a group of persons upon prior conspiracy, or based on racial, national or religious intolerance, - shall be punishable by imprisonment for a term of five to ten years.
Article 129. Death threats
1. Any threat to kill, if there was a reasonable cause to believe that this threat would be carried out, - shall be punishable by arrest for a term up to two years, or restraint of liberty for the same period.
2. The same act committed by a member of an organized group or motivated racial, national or religious intolerance, - shall be punishable by imprisonment for a term of three to five years.
Excerpts related to Hate Speech offences
Article 161. Violation of citizens' equality based on their race, nationality, religious preferences or disability and other grounds
1. Deliberate actions aimed at inciting national, racial or religious enmity and hatred, humiliating of national honor and dignity, or insulting the feelings of citizens in connection with their religious beliefs, as well as direct or indirect restriction of rights, or establishment of direct or indirect privileges to citizens based on race, skin color, political, religious and other beliefs, disability, sex, ethnic and social origin, property status, place of residence,* language or other characteristics, - shall be punishable by a fine of 200 to 500 non-taxable minimum incomes of citizens, or imprisonment for a term of up to three years, with or without the deprivation of the right to hold certain positions or engage in certain activities for a term up to three years.
2. The same actions accompanied with violence, deception or threats, as well as committed by an official, - shall be punishable by a fine of 500 to 1000 non-taxable minimum incomes, or restraint of liberty for a term of two to five years, with or without the deprivation of the right to occupy certain positions or engage in certain activities for a term up to three years.
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Note. For the purposes of this article, place of residence should be understood as a person's belonging by birth or residence to a region - a part of the territory of Ukraine or a territory of compact settlement of Ukrainians outside the territory of Ukraine - which differs from other territories by a number of historical, geographical, linguistic and other characteristics.