For stalking, intrusive calls and messages may be fined up to 68,000 UAH: the government is urged to support the changes

In Ukraine, there is still no separate criminal article for stalking — intrusive persecution of a person, surveillance of them, constant unwanted calls, messages, or control through social networks.

Constant surveillance, dozens of unwanted calls and messages, persecution near home or work, psychological pressure or control through social networks can last for months or even years, but law enforcement often lacks sufficient legal mechanisms for prompt response.

At the same time, two interrelated bills are under consideration by the Verkhovna Rada — No. 12088 and No. 12297, which provide for comprehensive changes in the field of countering persecution, domestic violence, and violence against women and children.

In many countries around the world, stalking has long been a separate offense or crime. Liability for it is provided, in particular, in the USA, Canada, Germany, France, the United Kingdom, Ireland, Latvia, Lithuania, and Estonia.

The need to criminalize persecution is also directly stipulated by the Istanbul Convention, which Ukraine ratified in 2022. The document obliges states to ensure criminal liability for repeated threatening behavior towards another person that causes them to fear for their own safety.

Bill No. 12297 proposes to supplement the Criminal Code of Ukraine with a new article 129-1 "Illegal persecution (stalking)" and establish separate criminal liability for such actions. Stalking is proposed to be recognized as intentional repeated illegal surveillance of a person, imposing communication, interference in their personal or family life, as well as unwanted contacts via electronic communication means, if this causes the victim to fear for their own safety or the safety of close ones. For committing such an offense, the bill provides punishment — from a fine up to 68,000 UAH to restriction of liberty for up to two years.

The government is urged to support the bills on criminalizing stalking

Meanwhile, a petition has been registered with the Cabinet of Ministers of Ukraine calling for the prompt introduction of liability for persecution (stalking) and support for the relevant legislative changes.

The authors of the appeal ask the government to:

• support the adoption of bills No. 12088 and No. 12297 and provide government proposals to them;
• instruct the Ministry of Justice and the Ministry of Internal Affairs to work out legislative changes to implement Article 34 of the Istanbul Convention, and if necessary — prepare a government bill;
• instruct the National Police to develop effective response protocols to appeals from victims of persecution.

The petition text №41/010335-26ep emphasizes that thousands of Ukrainians — both women and men — face systematic persecution daily.

"This is not 'intrusive attention' or 'flirting.' This is constant fear: surveillance online and offline, intrusive messages, threats, disclosure of personal data, psychological pressure, and a feeling of danger every minute," the authors note.

According to them, modern stalking includes physical persecution, cyberstalking, covert photo and video recording, use of fake accounts, automated calls and spam attacks, collection and dissemination of personal data, persecution near places of residence, work or study, as well as pressure through friends, relatives, or employers.

Why, according to the authors, changes are needed

The petition emphasizes that persecution often becomes the first stage before committing more serious crimes — physical violence, causing serious bodily harm, or even murder.

Due to the absence of a separate criminal norm, law enforcement agencies, as the authors note, often lack effective response mechanisms, and victims hear for years that there are insufficient grounds for intervention. At the same time, persons who carry out persecution often remain unpunished.

The petition also draws attention to the fact that Article 34 of the Istanbul Convention, ratified by Ukraine in 2022, directly provides for the need to criminalize persecution.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, page on Facebook and on Instagram to stay informed about the most important events.