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LAW OF UKRAINE

of September 6, 2012 No. 5207-VI

About the principles of prevention and counteraction of discrimination in Ukraine

(as amended of the Law of Ukraine of 13.05.2014 No. 1263-VII)

This Law determines the organization-legal principles of prevention and counteraction of discrimination for the purpose of providing equal opportunities concerning realization of rights and freedoms of man and citizen.

Section I. General provisions

Article 1. Determination of terms

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

1) anti-discrimination examination - the analysis of drafts of regulatory legal acts by results of which conclusion concerning their compliance to the principle of nondiscrimination is provided;

2) discrimination - situation in case of which person and/or group of persons on their signs of race, skin colors, political, religious and other convictions, sex, age, disability, ethnic and social origin, nationality, marital and property status, the residence, to language or other signs which were is and can be valid or stewed (further - certain signs), experiences restrictions in recognition, realization or use of the rights and freedoms in any form established by this Law except cases when such restriction has lawful, objectively reasonable purpose which methods of achievement are proper and necessary;

3) indirect discrimination - situation in case of which as a result of realization or application of formally neutral precepts of law, evaluation criteria, rules, requirements or practice for person and/or groups of persons on their certain signs arise less favorable conditions or provision in comparison with other persons and/or groups of persons, except cases when their realization or application has lawful, objectively reasonable purpose which methods of achievement are proper and necessary;

4) instigation to discrimination - instructions, instructions or appeals to discrimination concerning person and/or group of persons on their certain signs;

5) positive actions - the special temporary measures having the lawful, objectively reasonable purpose directed to elimination of legal or actual inequality in opportunities for face and/or group of persons to exercise on an equal basis the rights and freedoms provided to them by the Constitution and the laws of Ukraine;

5-1) complicity in discrimination - any conscious help in making of the actions or failure to act directed to emergence of discrimination;

6) direct discrimination - situation in case of which with person and/or group of persons on their certain signs conduct less favourably, than with other person and/or group of persons in similar situation, except cases when such behavior has lawful, objectively reasonable purpose which methods of achievement are proper and necessary;

7) oppression - undesirable to person and/or groups of persons the behavior, the purpose or consequence of which is humiliation of their human dignity on certain signs or creations concerning such person or group of persons of the charged, hostile, offensive or scornful atmosphere.

Article 2. The principle of nondiscrimination in the legislation of Ukraine

1. The legislation of Ukraine is based on the principle of nondiscrimination which provides irrespective of certain signs:

1) ensuring equal rights and freedoms of persons and/or groups of persons;

2) ensuring equality before the law of persons and/or groups of persons;

3) respect for advantage of each person;

4) providing equal opportunities of persons and/or groups of persons.

Article 3. Legislation on prevention and counteraction of discrimination

1. The legislation on prevention and counteraction of discrimination consists of the Constitution of Ukraine, this Law and other regulatory legal acts.

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those which are provided by this Law are applied rules of the international treaty.

Article 4. Law coverage

1. Operation of this Law extends to the relations between legal entities of public and private law which location is registered in the territory of Ukraine, and also physical persons which are in the territory of Ukraine.

Operation of this Law extends to such spheres of the public relations:

social and political activities;

public service and service in local government bodies;

justice;

employment relationships, including use of the principle of reasonable adaptation by the employer;

health care;

education;

social protection;

housing relations;

access to goods and services;

on other spheres of the public relations.

Article 5. Discrimination forms

1. Forms of discrimination are:

direct discrimination;

indirect discrimination;

instigation to discrimination;

complicity in discrimination;

infringement.

Article 6. Discrimination prohibition

1. According to the Constitution of Ukraine, the conventional principles and rules of international law and international treaties of Ukraine all persons irrespective of their certain signs have the equal rights and freedoms, and also equal opportunities for their realization.

2. The discrimination forms from state bodies, authorities of the Autonomous Republic of Crimea, local government bodies, their officials, legal entities of public and private law, and also physical persons determined by article 5 of this Law it is forbidden.

3. Are not considered as action discrimination which do not limit the right and freedom of other persons and do not create obstacles for their realization, and also do not provide unreasonable benefits to persons and/or groups of persons on their certain signs concerning which positive actions are applied, namely:

special protection from the state of separate categories of persons needing such protection;

implementation of the actions directed to preserving identity of separate groups of persons if such actions are necessary;

provision of privileges and compensations to separate categories of persons in the cases provided by the law;

establishment of the state social guarantees to separate categories of citizens;

the special requirements provided by the law concerning realization of the separate rights of persons.

Article 7. The main directions of state policy concerning prevention and counteraction of discrimination

1. State policy concerning prevention and counteraction of discrimination is directed on:

discrimination non-admission;

application of positive actions;

creation of conditions for timely identification of the facts of discrimination and ensuring effective protection of persons and/or groups of persons which were affected by discrimination;

education and promotion among the population of Ukraine of respect for people irrespective of their certain signs, distribution of educational activities in this sphere.

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