On Ukraine, ECRI strongly recommended in 2017 that sexual orientation and gender identity be specifically included as grounds into the Criminal Code and considered as aggravating circumstances. Amendments to the Criminal Code which entered into force in October 2019 included the ground of “sexual belonging”. “While the inclusion of gender is a welcome development, it does not respond to ECRI’s recommendation,” ECRI stated and concludes that its recommendation has not been implemented.

The second recommendation to the Ukrainian authorities was to waive court fees in cases of Roma seeking to prove their identity for the purpose of obtaining personal identification documents. ECRI understands that the existing legislation providing for the postponement of payment of court fees is of little use to Roma seeking to prove their identity, since – paradoxically – there is a requirement to prove inability to pay the fees by providing documentary evidence to the court. ECRI has found no indication that the legislation has ever been applied in such cases and has concluded that its recommendation has not been implemented. Read more via COE