Important Draft Laws. Issue 33: Criminal Liability for Stalking and Obstructing Lawyers’ Work

During this period, 43 bills were registered: four by the President, three by the government, and 36 by MPs. Among the key proposals, the President initiated accession to an international convention on protecting cultural property, a crucial step during wartime. Additionally, mid-December saw initiatives addressing the abolition of work permits for foreign nationals, the introduction of criminal liability for stalking, protections for internally displaced persons, and other measures. 

New rules for protecting cultural heritage

Bill No. 0297 proposes the ratification of the Convention establishing international rules for cooperation in combating crimes against cultural heritage. Ukraine plans to use the provisions of the Convention as a legal basis for extraditing individuals involved in offenses specified within the Convention. The Prosecutor General’s Office would facilitate international cooperation in such cases during the pretrial stage and the Ministry of Justice during the trial stage. The National Anti-Corruption Bureau of Ukraine would handle requests for legal assistance.

MPs must also ratify the Convention and approve two draft laws necessary to implement its provisions.

Bill No. 12309 expands the list of objects considered cultural property. It includes antique items over one hundred years old, art assemblages, rare documents, excise stamps, and items of ethnographic, archaeological, and historical significance. 

One of the key changes is the strengthening of control over the import and export of cultural property. The document prohibits the import of items that are under search, obtained through illegal archaeological excavations, or cultural property exported in violation of the laws of other countries (these would need to be returned to their country of origin). Additionally, cultural property exported from Ukraine that is not returned within 90 days after the agreed period would be considered illegally exported. 

The trade of cultural property would also change. The bill introduces mandatory record-keeping for all cultural property transactions, including documentation of their origin, information about previous owners, and financial operations. It also ensures free access for state authorities to the registers documenting the trade of cultural property.

Bill No. 12310 proposes stricter accountability for damage to cultural heritage objects and archival documents. The defacement or illegal destruction of archival documents and cultural heritage objects would be reclassified from an administrative offense to a criminal one.

The legislative draft introduces new fines and prison sentences. For instance, concealing documents from the National Archival Fund would result in penalties ranging from UAH 17,000 to UAH 51,000 (currently, the fine is UAH 850–1,700). Intentional damage, destruction, or demolition of cultural heritage objects would carry penalties of UAH 34,000 to UAH 85,000 or imprisonment for up to three years, with penalties increasing to five or eight years in some instances. If the crime is committed by an official abusing their position, the penalty would increase to five to ten years of imprisonment (currently three to eight years). 

Destruction or damage to cultural heritage objects included in Ukraine’s Museum Fund, National Archival Fund, or State Register of National Cultural Heritage would carry imprisonment of up to five years. If such actions involve a World Heritage Site, the sentence would extend to up to eight years. 

Introduction of liability for stalking

Bill No. 12297 introduces a new type of criminal offense—stalking. This includes deliberate, repeated actions (occurring two or more times) such as illegal surveillance of a person, unwanted communication, or other unlawful intrusions into personal or family life, including through electronic communications. Such actions, if they cause the victim to fear for their safety or the safety of their loved ones, would be punishable by a fine of UAH 34,000–68,000, community service for 150–240 hours, correctional labor, probation supervision for up to two years, or imprisonment for up to two years. If stalking is committed by a group of individuals, a person previously convicted of similar offenses, or against minors or individuals in connection with their professional duties, the punishment would be more severe. In such cases, penalties include probation supervision for 3–5 years or imprisonment for 2–4 years.

The bill also introduces liability for inciting or coercing a person to mutilate their genital organs. This is punishable by 1–3 years of imprisonment, with increased sentences of 2–4 years if the victim is a minor and 3–5 years if the perpetrator is a close relative or guardian. 

Strengthening liability for obstructing lawyers’ activities

Bill No. 12320 introduces liability for actions that obstruct lawyers’ activities. For instance, publicly associating a lawyer with their client through media or other channels may result in fines of up to UAH 5,100. However, this provision could negatively impact freedom of speech. For example, the media often refer to Tatarov as the lawyer of Portnov, whom the United States recently sanctioned for corruption. If this draft law is adopted, media outlets could be prohibited from reporting such associations.

The unlawful obstruction of a lawyer’s professional duties, including preventing their arrival at court, the prosecutor’s office, investigative bodies, or enterprises to represent a client; blocking meetings with a client; refusal to register documents; or other deliberate actions that complicate the provision of legal assistance, would be punishable by fines of up to UAH 11,900 or other sanctions such as corrective labor, supervision, or restricted freedom.

Interference with confidential communication between a lawyer and a client, such as eavesdropping or seizure of documents, would result in fines of up to UAH 17,000 or penalties, including corrective labor for up to two years, supervision, or restricted freedom for up to three years. Similar measures apply to any pressure on a lawyer that hinders them from fulfilling their professional duties. 

Should the violation be committed by an official abusing their position, the punishment would become more severe, including fines of up to UAH 25,500 and disqualification from holding certain positions.

Under the Criminal Code, obstruction of a defense lawyer’s activities or violation of professional confidentiality is punishable by a fine ranging from UAH 1,700 to UAH 3,400 (or UAH 5,100 to UAH 8,500 for officials), corrective labor for up to two years, probation supervision, or restricted freedom for up to three years, depending on the severity of the offense and the position of the offender.

Deferment from mobilization for lawyers

Bill No. 12348 proposes expanding the list of individuals exempt from mobilization to include lawyers who meet the following criteria: at least 10 years of uninterrupted legal practice, no outstanding dues to the self-governing legal body, and no disciplinary penalties restricting their right to practice law. Compliance with these requirements would need to be certified by a document issued by the Ukrainian Bar Council.

Establishment of Cyber Forces of the Armed Forces of Ukraine

Bill No. 12349 proposes the establishment of a new military command body—the Cyber Forces of the Armed Forces of Ukraine. A key feature of this body would be the ability to engage civilian experts as cyber reservists. These reservists would be recruited from Ukrainian citizens and foreigners or stateless individuals with the necessary knowledge, professional training, and skills in cybersecurity. Unlike traditional service members or reservists, cyber reservists would not require military ranks and could serve temporarily or periodically. They would be tasked with participating in cyber operations and could undergo regular training and coordination exercises to build a stable personnel reserve.

Individuals serving in the operational military reserve of the Cyber Forces could acquire the status of military personnel. Cyber reservists, however, could work either in military units or remotely from anywhere in the world, provided the location allows for the remote execution of service tasks based on orders from the commander of the respective military unit. 

The Cyber Forces would operate under the command of the Commander-in-Chief of the Armed Forces of Ukraine. The Supreme Commander-in-Chief, i.e., the President of Ukraine, would coordinate their political activities. 

Military members and employees of the Cyber Forces would receive salaries with a 1.8 multiplier compared to the base salaries for equivalent positions in the Armed Forces of Ukraine (e.g., the minimum wage for a service member in the Armed Forces is approximately UAH 20,000, so the minimum salary in the Cyber Forces would be UAH 36,000). A system of one-time rewards for successfully completed cyber operations is proposed. The size of these rewards would depend on the significance of the operations. For instance, strategically significant cyber operations that prevent armed aggression could earn rewards equal to four hundred living wages (over UAH 1.2 million). Operational-level operations could reward one hundred living wages (over UAH 300,000). Smaller-scale tasks could yield rewards of twenty-five living wages. The draft law also stipulates that all provisions related to increased salaries and additional rewards would take effect on January 1, 2026. 

Separate regulations would define the procedures for service and conditions for participation in the cyber forces’ military reserve. The Cyber Forces command would develop these regulations, which would be approved by the Ukrainian president.

New rights and guarantees for internally displaced persons

Bill 12301 proposes an updated version of the Law of Ukraine “On Ensuring the Rights and Freedoms of Internally Displaced Persons.” The document outlines various types of support for IDPs at different stages of their displacement: evacuation, adaptation, integration, return to abandoned places of residence, and reintegration after return. Key innovations include assessing the needs of IDPs to determine the scope of assistance, including financial support for housing and social and pension payments, regardless of the date of displacement. The government would determine these payments’ size, procedure, and duration. The bill also introduces leasing as an additional method of providing housing for IDPs alongside existing mechanisms such as rental payments and the provision of temporary accommodations. 

The bill is primarily technical, consolidating provisions currently spread across various laws and subordinate acts into a single legislative framework. 

Insurance features for veterans

Bill No. 12295 proposes special conditions for civil liability insurance for motor vehicle owners for combat veterans, persons with disabilities due to war, and injured participants of the Revolution of Dignity. According to the proposal, starting January 1, 2026, these categories of citizens would be exempt from paying insurance premiums for policies within Ukraine. Additionally, until January 1, 2026, they would have the option not to enter such insurance contracts. During this period, in the event of an accident caused by these individuals (except in cases of traffic law violations such as driving under the influence or without a license), damages would be covered by a special insurance fund. Insurers working with these policies would be eligible for compensation from the fund. 

Bill 12295-1 proposes a complete exemption for combatants from mandatory civil liability insurance for vehicles with tiny engine capacities (up to 2500 cubic cm) or moderate electric motor power (up to 100 kW), but only if the vehicle is personally owned and used exclusively for personal purposes and not for commercial activities. In cases where such drivers are at fault in an accident, the Motor (Transport) Insurance Bureau of Ukraine (MTIBU) would provide compensation for damages. 

Bill 12295-2 proposes granting combat veterans, persons with disabilities due to war, and injured participants of the Revolution of Dignity the right to compensation for the cost of insurance premiums under civil liability policies. The cost of premiums would not be covered by insurers or the Motor (Transport) Insurance Bureau of Ukraine (MTIBU) but would be financed from other sources. The Cabinet of Ministers would determine the procedure, conditions, and amount of such compensation. 

The draft law also provides for a transitional period until June 30, 2025, during which entering into civil liability insurance contracts would not be mandatory for these categories of individuals. Compensation for damages caused by beneficiaries of this exemption during the transitional period would be covered by MTIBU’s reserve fund. MTIBU would have the right of recourse (regress) against the at-fault driver if the accident occurred while the driver was intoxicated, driving without a license, fleeing the accident scene, or refusing to undergo a drug or alcohol test. 

New benefits for combatants during martial law

Bill No. 12314 proposes that, during martial law, no penalties, late fees, or interest be charged to combatants—not only service members but all participants in combat operations—for failure to fulfill financial obligations to any organizations, banks, or individuals. These benefits, however, would not apply to loans related to the purchase of housing and/or vehicles.

Veterans and their families would receive the right to land even during martial law

During martial law, the Land Code prohibits the free transfer of state and municipal land into private ownership and the issuance of permits for developing land management documentation for such transfers. However, these restrictions do not apply to transferring land plots to the owners of buildings located on those plots or to citizens who received land before the Code was enacted (January 1, 2002). Bill No. 12313 proposes that this prohibition not apply to combatants, veterans, or the families of fallen military personnel. Families of fallen war veterans would be prioritized in receiving land for housing construction, gardening, or farming.

Changes in the allocation of funds from the “military” PIT

Bill No. 12318 proposes changes to the allocation of funds from the Personal Income Tax (PIT) paid for military members and police officers. Since October 2023, these funds have been directed to a special fund of the State Budget of Ukraine, with the following distribution: 45% to the State Service of Special Communications and Information Protection (SSSCIP) for procuring specialized equipment, 45% to the Ministry of Strategic Industries for the reform of the defense-industrial complex, and 10% for logistical support of military units. 

The bill proposes reducing funding for the SSSCIP by UAH 46.9 billion (from UAH 55.1 billion to UAH 8.2 billion) and reallocating these funds to military units. Additionally, the law proposes directing funds collected from the military tax and military bonds to the Ministry of Defense for procuring and modernizing weapons and equipment. 

New law on factoring

Currently, factoring is regulated by the Civil Code and the Law “On Financial Services and Financial Companies.” To address this, MPs have introduced the draft law “On Factoring” (No. 12306), which would specifically govern this financial service. Another related bill, No. 12307, proposes removing factoring regulation from the Civil Code of Ukraine following the adoption of the “On Factoring” law. Under Bill No. 12306, factoring would no longer apply to consumer loans or overdue obligations. This means that debt collection companies would no longer be able to provide factoring services, although they could still issue loans. This change would align Ukrainian legislation with international standards and the economic essence of factoring. Financial companies engaged in factoring would be given one year to bring their operations into compliance with the new law.

The bill stipulates that the National Bank must establish and maintain a registry of assignments of monetary claims under factoring agreements and provide secure access while ensuring data and banking secrecy protection. Factoring agreements could be executed through a national digital platform that ensures competitiveness and transparency, including electronic auctions. Factoring agreements would be mandatory and executed following competitive procedures for public procurement. 

The draft law specifies essential terms of factoring agreements, rules for maintaining the registry, and the rights and obligations of the client, debtor, and factor. It clarifies how the factor must notify the debtor about the client’s assignment of monetary claims, introduces the possibility of reverse assignment (allowing the client to collect money from the debtor instead of the factor), and provides more detailed regulations on potential scenarios involving the client, debtor, and factor, as well as mechanisms for resolving such situations. If the debtor is insolvent, the factor would have the right to receive funds owed under the agreement before other creditors. 

Changes in youth policy and support for young people in Ukraine

Bill No. 12298 expands the funding sources for youth initiatives, allowing the Ukrainian Youth Fund (UYF) to provide grants from state or local budgets and donations by individuals and legal entities, including foreign contributors. Additionally, the legislative draft proposes transferring the Fund’s oversight from the Cabinet of Ministers to the Ministry of Youth and Sports. The bill also suggests removing the limit of three consecutive terms for the position of the Fund’s director, which could reduce accountability and risk turning the Fund into a closed structure catering to insiders. 

Furthermore, the bill introduces so-called “youth guarantees,” a system of measures aimed at supporting young people who, for various reasons, are not engaged in the labor market, education, or professional training. Under these guarantees, the state, through the Ministry of Economy and the State Employment Service, would facilitate opportunities for employment, further education, or internships for every young person. These initiatives would also focus on integrating youth into the economy and developing professional skills. 

In particular, information and communication systems and databases are proposed to provide young people with access to current opportunities, programs, and services offered by state authorities, local governments, and other youth work entities, including international and national organizations.

The document envisions changes in the structure of youth councils, allowing their establishment under local government bodies, as is currently the case, and under Ministries and other central executive bodies, state and municipal enterprises, and ensuring their interagency cooperation. Youth councils facilitate the involvement of young people in shaping youth policy. They develop proposals, evaluate the effectiveness of decisions, participate in drafting normative legal acts on youth policy, and monitor the funding of activities. Currently, the recommendations of youth councils are mandatory for consideration by the bodies under which they are established. However, the legislative draft removes this requirement. Consequently, while the bill’s adoption would create many new youth councils, their role risks becoming purely decorative.

The changes also concern the National Youth Council, which would be renamed the Youth Council under the Cabinet of Ministers of Ukraine. Currently, this youth council includes representatives from the Presidential Council on Youth Affairs, MPs, and the Minister of Youth and Sports. The bill proposes adding representatives from newly created youth councils under Ministries while removing representatives of children’s and youth public organizations and student self-government bodies from its composition. According to the bill’s authors, the Prime Minister of Ukraine should no longer chair the council, as it is now, and the chairperson should be elected from among the council members through an open vote by a simple majority. Thus, if adopted by Parliament, this bill would strip young people of any real influence on state policy. Instead, it would lead to the creation of numerous youth councils with no actual impact.

Collective agreements during martial law: changes to the mechanism for suspending provisions

Under martial law, employers have the right to suspend certain provisions of collective agreements at their discretion. This creates risks of violating commitments made by the employer without considering the interests of employees. Bill No. 12291 clarifies this procedure by introducing mandatory consultations with employee representatives as parties to the collective agreement in a manner defined by the agreement itself. Bill No. 12291-1 proposes stricter regulation, allowing the suspension of provisions in a collective agreement only by mutual consent of the parties. Additionally, the legislative project provides that within three months of the law’s enactment, the parties (trade union and employer) must conduct negotiations to restore the suspended provisions.

National Qualifications System

Bill No. 12305 defines the legal, organizational, and procedural foundations for the functioning of the National Qualifications System (NQS). It has been developed in accordance with the Education Law, which mandates (Article 37) the creation of a separate law on the national qualifications system. Currently, this area is governed by the Education Law and the Labor Code.

The National Qualifications System includes various participants: executive authorities, employers, educational institutions, qualification assessment organizations, and the National Qualifications Agency (NQA). The Cabinet of Ministers approves the strategy for NQS development, the Ministry of Education and Science is responsible for developing qualification frameworks, the Ministry of Economy analyzes the labor market, and other relevant Ministries ensure sectoral adaptation of qualifications. 

The NQS would consist of several components. The National Qualifications Framework (NQF) describes qualification levels and defines the complexity of knowledge, skills, and competencies. Professional standards detail competency-based requirements for specific professions, developed jointly by employers and relevant authorities. Qualification centers conduct assessment and certification of qualifications through independent testing and practical tasks. Individuals successfully passing assessments at a qualification center receive a certificate confirming their professional competencies.

The National Qualifications Agency (NQA) plays a central role in the system. It develops standards, accredits qualification centers, and establishes assessment procedures. The Council of the National Qualifications Agency ensures transparency and accountability in the NQA’s activities, approves strategic plans, reviews complaints, and resolves disputes, thereby facilitating effective interaction among system participants. 

Abolition of work permits for foreign nationals

Bill No. 12326 proposes abolishing the mandatory requirement for employers to obtain work permits for foreign nationals, which the State Employment Service currently issues. As a result, foreigners and stateless persons legally residing in Ukraine would gain the right to work under the same conditions as Ukrainian citizens.

However, employing citizens from the Russian Federation, the Republic of Belarus, or other countries that threaten Ukraine’s state sovereignty and national interests would require approval from the Security Service of Ukraine. 

Tax incentives to support non-profit organizations during wartime

Bill No. 12328 proposes increasing the maximum amount of corporate income so taxpayers can reduce their taxable base when providing monetary donations, goods, works, or services as charitable aid to non-profit organizations from 4% to 8%. Bill No. 12328-1 suggests the same increase but also proposes including non-governmental pension funds among the recipients of charitable aid. Both draft laws would be in effect for the duration of martial law.

Salary cap for officials and state enterprise employees during martial law: UAH 100,000 

Bill No. 12316 proposes setting a maximum monthly salary of UAH 100,000 for employees and officials of budgetary institutions during martial law. This cap would apply to MPs, government officials, employees of the President’s Office, judges, prosecutors, National Bank executives, officials and staff of the Economic Security Bureau, the Accounting Chamber, and employees of state-owned enterprises. The restriction would not apply to military personnel or civil protection employees.

Establishing the fact of death in occupied or dangerous territories

Bill No. 12312 proposes formalizing the procedure for establishing the fact of the death of Ukrainian citizens in combat zones or occupied territories. Evidence of death would include written documents, material evidence (photos and videos), expert conclusions, copies of medical death certificates or notifications, witness testimonies, statements from military institutions, reports filed with law enforcement about a missing person, and other relevant materials depending on the circumstances. These types of evidence are currently used in decisions and interpretations of the Supreme Court, but the draft law aims to codify them into legislation.