ADMINISTRATIVE LIABILITY FOR SEXUAL HARASSMENT IN UKRAINE IN THE LIGHT OF MODERN LEGISLATION

Abstract

The article analyses the legal aspects of introducing administrative liability for sexual harassment in Ukraine, which is enshrined in the Law of Ukraine ‘On Amendments to the Code of Ukraine on Administrative Offences and Other Laws of Ukraine in connection with the Ratification of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence’ on sexual harassment, which will enter into force on 19 December 2024. The author emphasises the relevance of the problem in view of the different approaches of scholars to the definition of the concept of ‘sexual harassment’ and its types. The author notes the existing experience of legislative consolidation by many States Parties to the Istanbul Convention of criminalisation of sexual violence. Attention is drawn to the legislation of Georgia, where, according to the Code of Administrative Offences (Article 166-1), sexual harassment is defined as an administrative offence in the public sphere. The author examines the controversial issues regarding the effectiveness of administrative penalties for sexual harassment and possible gaps in the legislation, in particular, in cases of physical forms of sexual harassment. Attention is focused on the possibility of problematic issues related to the qualification of a person's unlawful actions, since the article referred to in the Law does not provide for administrative liability for sexual harassment committed by physical force. The author concludes that the establishment of administrative liability for sexual harassment in Ukraine is an important step towards ensuring legal protection of citizens from these unlawful acts. These changes in national legislation are in line with international standards, primarily with the obligations under the Istanbul Convention, and the effectiveness of implementation of these provisions will depend largely on the ability of law enforcement agencies to effectively document sexual harassment, as well as on the legal culture of society (understanding of their rights and obligations and the consequences of their actions) and the formation of a sense of responsibility for their own behaviour, especially in public and in the workplace.