Ukraine

Last updated on: 27 May 2012

Criminalisation of HIV transmission/exposure

Ukraine
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
-
Number of people convicted: 
-
Applicable law: 

The law of Ukraine " About the prevention of disease AIDS and social protection of the population " from 1992, with changes brought in 1998, clause 14. The Criminal code of Ukraine (clause 130, a part 3 and 4)

Key wording in the law: 

CHAPTER 2: CONDITIONS AND ORDER OF MEDICAL SURVEY FOR THE PURPOSE OF HIV-INFECTION DETECTION, REGISTRATION OF HIV INFECTED / AIDS PATIENTS, GRANTING MEDICAL CARE AND MEDICAL SUPERVISION TO THEM.

Article 9 The person determined as HIV positive in accordance with the data of medical survey is notified about it by a health-care worker of health protection body, where the survey had been carried out, in view of the requirements of this Act about confidentiality of the specified information. Simultaneously HIV infected persons are notified on the necessity to adhere to preventive measures directed on the prevention of HIV-infection spreading, guarantees of observance of the rights and freedom of HIV-infected persons, and also about the criminal responsibility for the conscious exposing to danger of infection of other persons by HIV.

CHAPTER 3: CONSEQUENCES OF HIV INFECTION DETECTION AND HIV INFECTED PERSONS' DUTIES

Article 14 In case of reception from health authority the information about infection by HIV, the warning of necessity of observance of preventive measures for the purpose of the prevention of HIV-infection spreading and the criminal responsibility for conscious exposing to danger of infection or infection of other person (persons), HIV positive persons are obliged to fix in writing the fact of reception of the specified information and warning.

Article 15 HIV-infected persons and the AIDS-patients are obliged: To arrange for the prevention of HIV-infection spreading, offered by health authorities, the first part of Article 9 of this Act; To inform the persons who were in sexual contact with them before detection of the presence HIV-infection and the possibility of their infection, To refuse from donorship of blood, its components, other biological liquids, crates, bodies and fabrics for use in medical practice.

Article 16 HIV infected and living with AIDS foreigners, and also persons without citizenship, which do not carry out the offered by health protection bodies preventive measures, create by their behavior threat to health of other persons, and expelled from Ukraine, as established by the Act of Ukraine, "About the legal status of the foreigners", (3929-12) order. - HIV-infected bears the criminal responsibility for the deliberate decision in threat of transmission HIV and infection HIV of other persons. - Infection other 2 or more persons or a minor HIV or another incurable infectious disease, the person knowing, that it is the carrier of this virus which is punished by imprisonment from 3 up to 8 years. - Deliberate infection of other person of a HIV or infectious disease which is dangerous to human life which is punished by imprisonment from 5 up to 10 years.

Survey respondents/Organisations working on HIV and the Law: 

In 2004, completed questionnaires were received from the All-Ukrainian Network of PLWH and UNAIDS Ukraine. In 2008 we have had to rely upon individual correspondents for an update of the information 

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

Ukraine has updated its Law on Prevention of AIDS and Social Protection of Population. Among other changes, restrictions on entry for HIV-positive people have been removed. (October 2010)

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships:  No law

Female to Female Relationships: Legal

Age of consent:  Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org