Bill No. 9103 has been registered in the Verkhovna Rada for more than a year About Registered Partnerships. ICTV Facts explain why it's important, how it will protect the rights of same-sex couples, and what would change for the LGBTQI+ community if it were adopted.
What is this bill about
Lawyer at GRACERS Law Firm Anastasia Krasyuk told ICTV Facts what the main provisions of the bill on registered (civil) partnerships are.
— The Institute of Registered Partnerships aims to provide legal certainty to a voluntary family union of adults of the same or different sexes, without official registration of marriage. If you ask a specific question — for whom is it, then this bill protects the rights of mainly same-sex couples and military personnel. All rights and responsibilities, of course, apply to opposite-sex couples, — noted by Anastasia Krasyuk.
The bill clarifies that a registered partnership is not a marriage, and also that persons living in the same family is not a registered partnership if the union is not registered, the lawyer noted.
Now are watching
— Having carried out state registration, partners acquire the status of close relatives, that is, a member of a family of the first degree relative to each other. In a civil partnership you cannot adopt a child, and partners do not change their surname, — she said.
The lawyer explained what problems the bill would solve. In particular, issues of property and inheritance, as well as the rights of each of the registered partners.
— The bill resolves issues of property and inheritance; Section II establishes the personal non-property rights and obligations of registered partners, in particular, the rights of a partner in the event of the death or disappearance of another of the registered partners, provisions on the legal regime of the property of registered partners. The rules of inheritance by registered partners by law and by will have been determined, the basics of social protection of registered partners have been established.
Why the bill needs to be considered now
People's Deputy of Ukraine, one of the initiators of the bill, Inna Sovsun said that the adoption of the document takes a certain time. She emphasized that she would do everything to speed up the process.
— The goal is simple — give equal rights to people who love each other, are in same-sex relationships, and also register relationships that will be officially recognized by the state. This is dictated by a very obvious truth. We don't choose who we love, but we must respect other people's love. This is a banal truth, but it is at the heart of the bill, — noted by Inna Sovsun.
According to her, there is hope for a black swan, which will help speed up the consideration of the bill, but this process may take some time for objective reasons.
— When we registered the bill, we understood that this was a long game, that this was a marathon, not a sprint. There is hope for a black swan that will change the situation, but objectively — this may take a certain period of time. We will do everything to make this happen faster, but these are the realities. In most countries this took some time. It never happened quickly. The process continues, — she explained.
The MP explained that this bill, in particular, will be useful for LGBTIQ+ military personnel and their partners. In her opinion, he will be a certain symbol for LGBTQI+.
— First group — it’s the LGBTQI+ military because they are the ones who are hurting the most. Unfortunately, we have stories of deaths of LGBTQI+ military personnel. I talked to some of their partners. The man cries and says that he was not even allowed to see the body to identify him. The story of the death of military personnel is always tragic, but here it is added that a man died for a country that did not recognize him for who he was. It hurts doubly. But this is not only for the military, but for all LGBTQI+ people, even if they are not in a same-sex relationship. This is a symbol of being recognized as equals, — she thinks.
Movement from a dead center
Serviceman Sergei told ICTV Facts why this bill would be important for him.
— First, my partner will be officially accepted by the state as my partner. We will not have to worry that if questions arise regarding jointly acquired property or issues related to the treatment or death of one of us, the other will not be considered a complete stranger. To ensure that in the event of the death of one of us, the interests of the other partner will be protected, — he explained.
In his opinion, the bill moves the issue of LGBTQI+ protection forward.
— If it has any flaws or lacks something, then this law makes movement from a dead point in issues of LGBTQI+ protection. Over time, it may be improved, depending on how it will work and what changes it will need. The bill needs to be considered now, because all categories of citizens must be protected in their rights, — Sergey is convinced.
European countries followed this path
Director of a public organization “Fulcrum of YA” Tatiana Kasyan explained that by adopting the bill on civil partnerships, Ukraine will signal to the European Union that it shares common values — understanding of the rule of law.
— This is the compromise that is now possible. A number of European countries have followed this path: first civil partnerships, then same-sex marriages, which are already solving guardianship issues. If the bill goes to the first vote in parliament, then between the first and second vote there is time to make amendments, — noted Tatyana Kasyan.
In her opinion, a strategy should be built — step by step. She emphasized: The European Union looks at Ukraine and its actions in the context of LGBTQI+ rights.
But the state has dropped two notches in the ranking of LGBTQI+-friendly European countries since 2022. Now Ukraine ranks 41 out of 49. In the last position — Russia, according to the Rainbow Map rating from the international organization ILGA-Europe.
— Just imagine: Ireland, a Catholic country where there were correctional facilities for women who gave birth to children out of wedlock, only allowed citizens to get divorced in 1996! And in 2015, it became the first country in Europe to legalize same-sex marriage by a national referendum. Each country — your own path, historical background. We have already been on this path for nine years — since civil partnerships began to be discussed at the national level, — she emphasized.
