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LAW OF UKRAINE

of November 20, 2024 No. 4067-IX

About legal and social protection of persons which were affected by the sexual violence connected with the armed aggression of the Russian Federation against Ukraine and provision of urgent intermediate reparations by it

This Law determines the basic principles of state policy in the sphere of legal and social protection of persons which were affected by the sexual violence connected with the armed aggression of the Russian Federation against Ukraine and provision of urgent intermediate reparations by it.

Article 1. Determination of the main terms

1. In this Law the stated below terms are used in the following value:

1) Protection of the rights of persons which were affected by the sexual violence connected with the armed aggression of the Russian Federation against Ukraine - system of the measures directed to recovery of the rights of persons which were affected by the sexual violence connected with the armed aggression of the Russian Federation against Ukraine;

2) the applicant - the physical person (his representative or the legal representative) who addressed to the Commission on consideration of the questions connected with recognition of person by the victim of the sexual violence connected with the armed aggression of the Russian Federation against Ukraine with the statement for recognition by his injured person;

3) urgent cash payment - the lump money payment which is component of urgent intermediate reparations;

4) urgent intermediate reparations - package of measures, the compelling needs of the persons which were affected by the sexual violence connected with the armed aggression of the Russian Federation against Ukraine, entered for the purpose of recovery of the violated rights of such persons directed to satisfaction;

5) person which was affected by the sexual violence connected with the armed aggression of the Russian Federation against Ukraine (further - injured person), - person recognized according to this Law the victim of the sexual violence connected with the armed aggression of the Russian Federation against Ukraine including the children born as a result of the sexual violence connected with the armed aggression of the Russian Federation against Ukraine;

6) the sexual violence connected with the armed aggression of the Russian Federation against Ukraine - the sexual violence committed against any person in connection with the armed aggression of the Russian Federation against Ukraine since February 20, 2014 including rape, forced pregnancy, forced sterilization, forced abortion, coercion to occupation prostitution, sexual exploitation, coercion to sexual intercourse with the third party, coercion to contemplation of sexual intercourse, sexual slavery, human trafficking for the purpose of sexual exploitation, forced trimming, forced castration, mutilation or making of violent acts over genitals, forced exposure of sexual nature, any other form of sexual violence, and also threat and attempt of its making.

Article 2. The basic principles of legal and social protection of persons which were affected by the sexual violence connected with the armed aggression of the Russian Federation against Ukraine and provision of urgent intermediate reparations by it

1. Legal and social protection of injured persons and provision of urgent intermediate reparations by it is based on the following principles:

1) respect for human rights and fundamental freedoms, in particular the rights to life, freedom and security of person, it is right not to be to the subjected tortures or another cruel, inhuman, to either degrading treatment or punishment, it is right not to be kept in thraldom or in servile status, not to be forced to carry out forced or obligatory labor, the rights to respect of private and family life, to fair trial, to effective remedy of legal protection and access to justice, on free legal aid;

2) providing the equal rights and opportunities of women and men without discrimination on any sign and accounting of disproportionate influence of the sexual violence connected with the armed aggression of the Russian Federation against Ukraine on women and men, girls and guys;

3) due attention to each case of the sexual violence connected with the armed aggression of the Russian Federation against Ukraine and also prioritization of the rights and interests of each injured person at all stages of provision of urgent intermediate reparations;

4) voluntary address of injured persons;

5) presumptions of legitimacy of actions and requirements of the applicant;

6) interactions of executive bodies among themselves, with the relevant organs performing operational search activities, pre-judicial investigation and also with the public and international organizations;

7) prevention of repeated travmatization of injured persons, and also accounting of their special needs and interests;

8) provision of complete and reliable information to injured persons about stipulated by the legislation urgent intermediate reparations and legal remedies, in particular concerning appeal to the court and law enforcement bodies;

9) confidentiality of information on injured persons at all stages of interaction with them, and also on the principle of non-interference to private and family life of such persons;

10) availability and accessibility.

2. Realization of the right to urgent intermediate reparations does not involve refusal of other rights, in particular from the right to judicial protection, the right to information on committed violations during the armed aggression of the Russian Federation against Ukraine and the right to complete and effective reparations.

3. If injured person is the child, any actions made concerning it are based on the principle of ensuring the best interests of the child and on other principles determined by the Convention of the United Nations on the child's rights, the Protocol on the prevention and the termination of human trafficking, especially women and children also punishments for it that supplements the United Nations Convention Against Transnational Organized Crime, the Convention of the Council of Europe on measures for counteraction to human trafficking, the Convention of the Council of Europe on protection of children from sexual exploitation and sexual violence, the European convention on implementation of the rights of children and the legislation of Ukraine in the sphere of protection of the rights of the child.

Article 3. The legislation on legal and social protection of persons which were affected by the sexual violence connected with the armed aggression of the Russian Federation against Ukraine

1. The legislation on legal and social protection of persons which were affected by the sexual violence connected with the armed aggression of the Russian Federation against Ukraine is based on the Constitution of Ukraine and consists of this law, other laws of Ukraine, international treaties which consent to be bound is provided by the Verkhovna Rada of Ukraine, and other regulatory legal acts.

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