REGARDING CHANGES AND ADDITIONS TO THE ADMINISTRATIVE CODE OF UKRAINE IN CONNECTION WITH RATIFICATION ISTANBUL CONVENTION

Abstract

The article is devoted to the analysis of changes to the Code of Ukraine on administrative offenses in connection with the ratification of the Istanbul Convention. The author analyzed legislative innovations, provisions of the Criminal Code of Ukraine in relation to the provisions of the Code of Ukraine on administrative offenses. It was established that the following are subject to mandatory criminalization: psychological violence; stalking; physical violence; sexual violence (including rape, which involves various types of sexual activities with a person without his consent); forced marriage; female circumcision; forced abortion; forced sterilization. At the same time, in the opinion of the author, the administrative-delict legislation also needs changes. It is emphasized that currently the Code of Ukraine on Administrative Offenses establishes only one norm that establishes administrative responsibility for committing domestic violence (аrticle 173-2). Statistics on the number of reviewed cases of administrative offenses under аrticle 173-2 are provided on the «Unified State Register of Court Decisions» website. The main emphasis is placed on the need to establish norms that would determine administrative responsibility for gender harassment and sexual harassment at the workplace. When developing proposals, the author took into account the experience of Sweden. The author suggests that gender harassment at the workplace should be understood as situations when women and men are not actually equal in terms of rights, opportunities and ideas about them as a result of sexism. As for sexual harassment in the workplace, the author suggests establishing two types of harassment: verbal and non-verbal. The author suggests adding аrticle 41-4 to Chapter 5 of the Code of Ukraine on Administrative Offenses. The right to draw up a protocol on an administrative offense shall be assigned to the bodies of the National Police and the owners of enterprises, institutions, organizations, or the body authorized by them, with the introduction of appropriate amendments to аrticle 255. The right to consider cases of this category shall be attributed to the competence of the district, district in the city, city or city-district courts with the introduction corresponding amendments to аrticle 221.