Ukrainian Justice Ministry initiates legalization of same-sex partnerships as part of European integration

The Ukrainian Justice Ministry has proposed to the Verkhovna Rada to legislate the status of same-sex unions in the draft of the new Civil Code. This initiative is aimed at changing the definition of family and marriage in order to fulfill the country’s international obligations and bring the national law in line with the decisions of European courts.

According to the portal “All Together!”, acting Justice Minister Liudmila Sugak sent a letter to parliament regarding the draft law No. 14394. The document proposes a conceptual revision of Article 1474 of the draft code, which in its current version recognizes only cohabitation of a man and a woman as “de facto family union”. The agency insists on the inclusion of same-sex couples in this norm, based on the practice of the Supreme Court, which previously recognized the fact of two men living together as one family.

The government stresses that the need to recognize LGBT unions is dictated by the ECHR decision in the case of Maimulakhin and Markov v. Ukraine. Since this case is under the enhanced supervision of the Council of Europe, the creation of a regulatory framework for the protection of such relationships becomes a legal obligation of the state. In addition, this issue is included in the Rule of Law Roadmap, the fulfillment of which is a key condition for the start of formal negotiations on Ukraine’s accession to the European Union.

Despite the ministry’s arguments, the initiative has been criticized by a number of experts and public organizations. The opponents of the draft law argue that the proposed changes contradict the current Constitution and the Family Code of Ukraine, and in the conditions of the demographic crisis may carry risks for national security.

We shall remind you that the Industrial District Court of Kharkiv ruled to dismiss the lawsuit of two men who demanded to legally recognize the fact that they lived in the same family. The court concluded that there were insufficient grounds to formalize such a union under the current legislation.