Important Draft Laws. Issue 31: Gender Quotas in Supervisory Boards and Decriminalizing Porn Distribution

During this period, 42 bills were registered: two initiated by the President, 10 by the government, and 30 by MPs. These initiatives included a parliamentary bill to introduce gender quotas, mandating at least 40% representation of one gender in the supervisory boards of state and municipal enterprises, a bill to strengthen the protection of internally displaced persons, and a proposal to decriminalize the distribution of pornography among adults. 

Expanding the powers of the Economic Security Bureau

Bill No. 12200 proposes expanding the powers of the Economic Security Bureau (ESB). Specifically, it would grant ESB detectives the authority to contact organizations conducting forensic examinations, including criminal, medical, and psychiatric assessments—such as those within the Ministry of Justice, Ministry of Health, as well as the expert services of the Ministry of Internal Affairs, Ministry of Defense, SBU, and the State Border Guard Service—to obtain expert opinions. The bill would also grant ESB detectives the right to access information classified as insurance secrecy, provided a written request is submitted.

Additionally, the bill proposes enabling the Verkhovna Rada’s temporary investigative committees to involve ESB detectives in their investigations.

Integrating into EU Standards in the field of accreditation and technical regulation

Bill No. 12221 provides for harmonizing the technical regulation system—rules and requirements for product characteristics and production, as well as control through conformity assessment or state oversight—and the accreditation of conformity assessment bodies in line with European Union standards. The document establishes the obligation for authorities and courts to consider EU legal practice, including decisions of the Court of Justice of the European Union and actions by the European Commission, in applying the provisions of EU Regulation No. 765/2008, which governs the requirements for accreditation of conformity assessment bodies and market surveillance of products.

The National Accreditation Agency (NAAU) would be required to become a member of a European regional accreditation organization, undergo peer reviews, and meet the criteria set by harmonized European standards. NAAU should not compete with similar bodies of EU member states but would be permitted to carry out accreditation within the EU upon request by a European body. In turn, Ukrainian conformity assessment bodies—organizations that perform conformity assessments, including calibration, testing, and certification—could contact European bodies should NAAU be unable to meet their needs. 

The bill regulates the exchange of information with European accreditation bodies and establishes that accreditation results conducted in the EU will be recognized in Ukraine.

Introducing gender quotas in supervisory boards

Bill No. 12198 proposes introducing a temporary measure, effective until 2030, requiring at least 40% of seats on the supervisory boards of state and municipal enterprises, banks, and joint-stock companies to be held by individuals of the same gender. Should a supervisory board of a municipal enterprise lack representatives of one gender, priority would be given to candidates of that gender during the following selection process. During the transition period—two years from the date of the law’s adoption—the representation of one gender could be 20%. Starting in 2031, supervisory boards would independently determine decisions regarding the minimum gender balance.

Auctions instead of tenants’ right of purchase

Bill No. 12230 proposes changes to the rules governing purchasing leased property. Under current regulations, tenants can buy the property without an auction if they have made irreversible improvements (such as repairs) valued at least 25% of its market value. The new bill abolishes this provision. Instead, tenants would be granted a preferential right to purchase the property at the price offered by the auction winner. If another auction participant purchases the property, that participant must compensate the tenant for the cost of the improvements. The government would establish the procedure for compensation.

Clarifying rules for expropriating state-owned land from educational institutions

Bill No. 12194 clarifies the conditions under which the government may expropriate state-owned agricultural land that is permanently used by state educational institutions or organizations in this sector. Currently, expropriation can occur without their consent. The bill proposes allowing the Cabinet of Ministers to expropriate such land only if it is being used for purposes other than its intended use or if it has been transferred to third parties.

Decriminalizing pornography distribution among adults

Bill No. 12191 proposes changes in the penalties for distributing pornography among children. Distribution of pornography to children under 14 years old would be punishable by a fine of UAH 170,000-240,000 or imprisonment for 4-6 years. If pornography is distributed among adolescents aged 14-18, the offender would face a fine of UAH 51,000-102,000 (currently UAH 34,000-85,000), but the possible prison sentence would be reduced: from 5 years to 6 months of arrest or up to 3 years of probation. The bill imposes a fine of UAH 85,000-170,000 for repeat offenses or imprisonment for up to 5 years.

Forcing adolescents aged 14-18 to create pornography would be punishable by 7 to 10 years of imprisonment (currently 8 to 12 years). Forcing minors under 14 years old would result in a sentence of 10 to 20 years (currently 9 to 15 years).

In addition, the bill proposes decriminalizing the production or distribution of pornography (photos, illustrations) when it involves adults. Now, such offenses carry a UAH 17,000-64,000 fine, up to six months of arrest, or up to three years of probation. The same actions involving films, videos, or computer programs of a pornographic nature would be punishable by a fine of UAH 34,000-85,000 UAH or imprisonment for up to five years.

New conditions for the eviction of internally displaced persons

Bill No. 12213 proposes prohibiting the eviction of internally displaced persons (IDPs) from residential premises or social housing provided for temporary use without offering alternative housing (under current rules, a person must vacate the premises after the expiration of the temporary residence period). The ban would not apply in several cases: if the person has been deprived of their IDP status if they have not lived in the provided housing for more than half of the contract term (currently, the allowed period of non-residence is 60 days, with the possibility of extending it to 90 days upon written request by the IDP, and eviction is permitted for violating the terms of housing use); or if they have purchased their housing.

Data on public figures eligible for military service to no longer be confidential

Bill No. 12197 changes the rules for accessing the personal data of conscripts, individuals eligible for military service, and reservists who are public figures. It includes leaders or members of governing bodies of public associations or charitable organizations, politicians, and their family members. Under the proposed changes, Information about these individuals would no longer be considered confidential, except for sensitive data such as residential address, date of birth, number in the Unified State Demographic Register, digitized facial image, etc.

Information that would become publicly available includes the results of medical examinations for military service fitness, details about the right to deferment, military duty performance, alternative service, gun ownership permission, criminal records, involvement in legal proceedings, etc. This bill poses significant security risks for public figures. 

At the end of November, bills were also registered regarding creating a Higher Administrative Court (from MPs No. 12206, government bill 12206-1, and from the head of the Committee on Legal Policy No. 12206-2). This reform was one of the priority commitments Ukraine agreed to implement under the Ukraine Facility plan and the IMF program. However, all these initiatives were rejected by Parliament and removed from consideration, so they are not included in this overview.