The Draft of the New Civil Code, Registered by Chairman of the Verkhovna Rada Ruslan Stefanchuk, Contradicts Ukraine’s EU Accession Requirements

The Chairman of the Verkhovna Rada, Ruslan Stefanchuk, has registered the draft of the new Civil Code of Ukraine (registration No. 14394). Despite the declared “European modernization,” the draft in its current wording contradicts European standards and violates Ukraine’s obligations undertaken as a state within the framework of EU accession.

The proposed amendments conflict with the European Convention on Human Rights, the case law of the ECtHR, EU negotiating requirements under Chapter 23, the approved Roadmap on the Rule of Law, the positions of the European Commission and the European Parliament, as well as the Copenhagen criteria for EU membership, which include the protection of human rights.

The greatest concern is caused by provisions that make it impossible for a court to recognize the fact of the existence of family relations between persons of the same sex. This nullifies the established judicial practice on this matter and closes the only legal avenue that allows partners to protect their rights in certain cases.

Furthermore, the draft completely ignores the obligations that Ukraine should have already fulfilled as part of its EU accession, as it lacks provisions that would allow persons of the same sex to register their relationships.

The provisions also stipulate that all marriages entered into by persons who have undergone gender reassignment automatically become void.

This represents more than just stagnation in the field of human rights or a lack of progress on the European integration path; it is an actual legal regression. This raises serious concerns regarding Ukraine’s movement toward the so-called “Georgian scenario” — declaring a European course while simultaneously adopting legislation that contradicts EU values and law.

We call upon the Chairman of the Verkhovna Rada of Ukraine Ruslan Stefanchuk and the People’s Deputies to:

• Halt the advancement of the draft Civil Code in its current wording;
• Support the draft Civil Code only after its provisions fully comply with Ukraine’s European integration obligations.

We appeal to the Committee on Legal Policy of the Verkhovna Rada of Ukraine with a request to:

• Formulate a legal opinion on the necessity of a substantial revision of the draft;
• Revise the draft and introduce the necessary amendments to bring it into full compliance with the ECHR and Ukraine’s negotiating obligations to the EU.

Signatories of the statement:

NGO Fulcrum UA

NGO “Kharkiv Women’s Organization Sphere”

KharkivPride

Zaporizhzhia Regional Charitable Foundation “Gender Zed”

NGO “Bilkis”

NGO “RESISTANCE”

NGO “KyivPride”

NGO Insight

ZMINA Human Rights Centre

NGO “Civis Fortis”, Foundation for the Protection of Civil Society

NGO “Pochuta” (Wonderzine Ukraine)

NGO “Ukrainian LGBT Military for Equal Rights”

NGO “UKRAINEPRIDE”

NGO “Gay Forum of Ukraine”

ALLIANCE.GLOBAL, Public Organization