President of Ukraine Volodymyr Zelenskyy signed Decree No. 1038/2026, “Issues Relating to the National Human Rights Strategy.” Officially published on October 15, 2026, the document repeals the previous 2021 strategy and sets state policy priorities for the period of martial law and the country’s subsequent recovery.
The Government of Ukraine is required to develop a detailed plan for implementing the strategy in 2027–2029 within six months.
What exactly does the new National Strategy change?
The document sets out three key objectives: protecting and upholding human rights in line with European standards, providing legal protection for vulnerable groups against discrimination, and improving legal awareness in society. The strategy covers a wide range of groups, including war veterans, children, people with disabilities, internally displaced persons, and members of the LGBTIQ+ community.
As part of Operational Objective No. 14 the document sets out, for the first time and in such clear terms, state mechanisms to protect LGBTIQ+ people from discrimination, hate crimes, and hate speech. The strategy provides for:
- Clear legal definitions of sexual orientation, gender identity, gender expression, and sex characteristics;
- Stronger investigations crimes motivated by intolerance, and specialized training for judges and law enforcement officers;
- Guaranteeing access for victims (including LGBTQI+ people) to free legal assistance, as well as healthcare, social, and educational services;
- Strengthening the powers of the Ukrainian Parliament Commissioner for Human Rights as the national equality body.
What levels of fines are we talking about?
The presidential decree and the Strategy itself do not automatically introduce fines right now. The document sets the framework and direction for future legislation.
However, it has already been registered with the Verkhovna Rada of Ukraine Bill No. 13597 on strengthening liability for discrimination. It proposes adding a new Article 188-58 (“Violation of legislation on preventing and combating discrimination”) to the Code of Ukraine on Administrative Offenses.
Under the bill, discriminatory acts that do not involve violence may be punishable by:
- A fine of 100 to 160 non-taxable minimums of citizens' income (from 1,700 to 2,720 hryvnias);
- Or community service сроком до одного месяца с удержанием 20% заработка.
Does Zelenskyy's decree mean that same-sex marriage has been legalized in Ukraine?
No, it does not. A national strategy is a framework and conceptual action plan for the executive branch, not a directly applicable law.
At present, Article 51 of the Constitution of Ukraine and Article 21 of the Family Code explicitly define marriage as a family union between a woman and a man. The signed decree does not in itself amend the Family Code or introduce the automatic registration of marriages or civil partnerships without the Verkhovna Rada adopting the relevant laws.
How are Ukrainian courts addressing these issues right now?
The legal recognition of same-sex couples in Ukraine currently relies primarily on judicial precedent. On February 25, 2026 The Supreme Court of Ukraine handed down a landmark ruling: it upheld the rulings of the lower courts and, for the first time in the country's history, officially recognized two men—diplomat Zorian Kis and his partner Tymur Levchuk—as a de facto family. The lawsuit arose after Ukraine's Ministry of Foreign Affairs refused to recognize Levchuk as a member of the diplomat's family for the purposes of a joint overseas posting.
However, lawyers note that having to seek recognition through the courts in each individual case does not provide a systemic solution. For example, on March 20, 2026, a Kharkiv district court rejected a similar claim by National Guard serviceman Dmytro Liaskovetskyi and his partner Yevhen Donts, who needed family status to gain access to intensive care in the event of injury.
Why is parliament resisting, and what is the conflict about?
There is a clear contradiction between the judiciary and parliament. Draft Law No. 9103 on registered civil partnerships has been stalled in the Verkhovna Rada for three years.
Moreover, on April 28, 2026, the Verkhovna Rada passed the draft of a new Civil Code at its first reading (254 votes in favor), defining a “de facto family union” exclusively as a union between persons of different sexes. Human rights advocates warn that if this provision passes its second reading, it will make judicial recognition of same-sex families impossible.
How is this related to European integration?
The adoption of the Strategy is directly linked to meeting the conditions for Ukraine's accession to the European Union and complying with judgments of the European Court of Human Rights (ECHR).
In June 2023, in the case of “Maymulakhin and Markiv v. Ukraine,” the ECHR found that the absence of a legal framework for recognizing same-sex couples violated Articles 8 and 14 of the European Convention on Human Rights. The European Commission also requires Ukraine to comply with the EU Charter of Fundamental Rights with regard to non-discrimination. At the same time, the EU does not require candidate countries to introduce same-sex marriage (it is not legal in all EU member states), but insists on the existence of a legal mechanism to protect the rights of couples—for example, civil partnerships.
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